Agenda — Ceres City Council, June 26, 2023 (part 2 of 4)

Marie Joyner spoke regarding the condition of the properties surrounding her property and various areas of the City that need attention due to blight.

Rob Conway spoke regarding the geese at the City’s wastewater treatment plant.

John Warren spoke regarding street vendors, enforcement of street vendors, Flag Day, and a ceremony at the Stanislaus Recovery Center and Prevention Services.

Gene Yeakley spoke regarding the ICSC Conference and grassroots advocacy.

APPOINTMENTS TO BOARDS/COMMISSIONS

A. A
ppointment to the Ceres Youth Baseball Board Meetings for Calendar Year 2023

City Clerk, Fallon Martin, introduced the item.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Council and staff discussed having a staff member serve as the alternate member.

Action: M
otion by Councilmember Martinez, seconded by Vice Mayor Silveira, a ppointing the City Manager or his/her designee to attend Ceres Youth Baseball Board Meetings for Calendar Year 2023. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes Yes

B. Appointment to Tuolumne River Regional Park Citizens Advisory Committee

City Clerk, Fallon Martin, introduced the item.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Council and staff discussed advertising for the position, when it was last filled, length of the term and where to apply.

ITEM 5

DRAFT MINUTES
Special City Council Meeting
June 12, 2023

Page 3 ends

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, to advertise for the vacancy. Motion carried 4/1/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira
Mayor
Lopez
Yes No Yes Yes Yes

Action: M otion by Vice Mayor Silveira, seconded by
Councilmember Vierra , to advertise for 30 days . Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira
Mayor
Lopez
Yes Yes Yes Yes Yes

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

Action: M otion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item s 1- 3, 5 -8, and 10- 12. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

1. Clerks Report of Posting. The agenda of the June 12, 2023 City Council Meeting was Posted on Wednesday, June 7, 2023. (City Clerk)

2. Waive Readings. All Readings of Ordinances and Resolutions are Waived. (Waive readings in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title). (City Clerk)

3. Approval of Minutes. (City Clerk)
a. April 24, 2023 Regular City Council Meeting
b. April 27, 2023 Special City Council Meeting
c. May 8, 2023 Special City Council Meeting
d. May 8, 2023 Regular City Council Meeting
e. June 5, 2023 Special City Council Meeting

4. Removed for separate consideration.

ITEM 5

DRAFT MINUTES
Special City Council Meeting
June 12, 2023

Page 4 ends

5. General Correspondence – Information Only
a. Public Works Monthly Report for April 2023. (Royal)

6. Resolution No. 2023 -63, Authorizing the Purchase of License Plate Readers (LPRs) for the Police Department. (Collins)

7. Resolution No. 2023-64, Approving the FY 2023-2024 Project List to be Funded with Senate Bill 1 (SB 1): “The Road Repair and Accountability Act of 2017.” (Waugh)

8. Resolution No. 2023 -65, Rescinding Resolution No. 2023- 55 and Authorizing a Construction Management Service Contract Amendment to ICM Group Inc., Authorizing a Budget Amendment, and Authorizing the Interim City Manager to Execute the Amendments. (Waugh)

9. Removed for separate consideration.

10. Resolution No. 2023 -67, Authorizing the Interim City Manager to Approve Payment to Don Pedro Pump Company for Emergency Repairs Performed at Well

38. (Royal)

11. Resolution No. 2023-68, Rescinding Resolution No. 2022-11 to Include Specific Language Required by CalRecycle to Authorize the Submittal of Applications for Grants and Payment Programs and Authorizing the City Manager or His/Her Designee to Sign All Necessary Documents. (Royal)

12. Resolution No. 2023-69, Accepting a $40,000 CalAPP Grant to Improve Building Permit Processing Related to Solar Panels and Authorizes the Director of Community Development to Execute the CalAPP Grant Agreement. (Hoem)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 4
& 9 : Removed for separate consideration by Councilmember Casey

Resolution No. 2023 -66, Authorizing the Interim City Manager to Approve a Budget Amendment and Contract with Jeremy Damas for Public Works Project Management and Consultation and to Serve as the Chief Operator of the Water System. (Royal)

Councilmember Casey asked for clarification regarding the payment made to Mr. Damas in the register of audited demands and the contract specified in item 9.

Mayor Lopez asked for public comment. The following members of the public spoke:

ITEM 5

DRAFT MINUTES
Special City Council Meeting
June 12, 2023

Page 5 ends

John Warren spoke regarding the need of a full-time position versus part-time and the vacancy occurring due to an employee resignation.

Gene Yeakley spoke regarding the ability to terminate the contract with Mr. Damas.

Mayor Lopez closed public comment.

Council and staff discussion included the short -term agreement with Mr. Damas, advertising for a Chief Operator of WaterSystem, time constraints due to the resignation of the Public Works Superintendent , length of contract and ability to terminate the contract.

Action: M
otion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 4 and 9. Motion carried 5/0/0/0 by the following roll call vote:

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes Yes

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

N
one

NEW BUSINESS

13. R
esolution No. 2023-70, Authorizing an Agreement with the Ceres Garden Club for Use of the Parcel Located at 2732 5 th Street, Ceres CA and Approving a 90- Day Extension for the Exchange of Real Property Agreement with Parsons Properties, LLC (Resolution 2022-104). (Royal)

Public Works Director, Sam Royal, introduced the item.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Council and staff discussion included support of the requested extension and the new location of the garden.

ITEM 5

DRAFT MINUTES
Special City Council Meeting
June 12, 2023

Page 6 ends

Action: Motion by Vice Mayor Silveira , seconded by Councilmember Martinez, approving item 13. Motion carried 5 /0/0/0 by the following roll call vote:

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Yes Yes Yes Yes Yes

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

14. A
udit for FY 2022- 2023 to be completed no later than December 31, 2023 and reviewed at the first council meeting in January 2024.
(Requested by Councilmember Casey)

Councilmember Casey introduced items 14, 15 and 16.

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Council consensus to bring the item back on a future agenda for further discussion.

15. Quarterly budget reviews to be presented at council meetings. (Requested by Councilmember Casey)

Mayor Lopez asked for public comment. No one spoke.

Mayor Lopez closed public comment.

Council and staff discussion included feasibility of staff to complete quarterly reports, clarification on the information requested in the report, and whether it is common practice for other organizations.

Council consensus to bring the item back on a future agenda for further discussion.

16. Select a different audit firm every three years and have one selected to complete the FY 2023-2024 audit.
(Requested by Councilmember Casey)

Mayor Lopez asked for public comment.

ITEM 5

DRAFT MINUTES
Special City Council Meeting
June 12, 2023

Page 7 ends

John Warren spoke in favor of changing auditors every few years.

Mayor Lopez closed public comment.

Council and staff discussion included City compliance with state regulations and how often it is necessary to change auditors.

Council consensus was not reached. The item will not be brought back on a future agenda.

17. Establish a committee with members of the public and staff to gather input on the process to build a new City Hall with Vice Mayor Silveira being the chair of the committee.
(Requested by Councilmember Casey)

Mayor Lopez asked for public comment.

Dave Pratt spoke regarding funding to build a new City Hall and past funding for the building of the Community Center.

John Warren spoke in favor of an exploratory committee for funding.

Mayor Lopez closed public comment.

Council and staff discussion included the necessary criteria when forming a committee to explore funding for a new City Hall building.

Council consensus to bring the item back on a future agenda for further discussion.

REPORTS

•
Mayor

Nothing to report.

• City Council

Councilmember Casey spoke regarding the Vice Mayor’s efforts in putting together Concerts in the Park.

Vice Mayor Silveira spoke regarding the kick- off of Concerts in the Park being Tuesday, June 13th, and thanked staff for making the gazebo at Whitmore Park much safer.

Councilmember Martinez spoke regarding the Ceres Youth Baseball ceremony on June 13
th.

ITEM 5

DRAFT MINUTES
Special City Council Meeting
June 12, 2023

Page 8 ends

Councilmember Vierra spoke regarding Ceres Partnership family event that was held on June 2 nd and the retirement of one of their social worker s on June 30 th, the cancellation of the June 15th Economic Development Action Committee meeting, her participation in a police ride along, pop-up events in county pockets, and the Canadian geese issue.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Director of Engineering, Kevin Waugh, spoke regarding the start of Morrow Village Phase II Improvements.

• County Supervisor

Nothing to report.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on July 10, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the special meeting at 7 :32 p.m.

_____________________________
Javier Lopez, Mayor

________________________________
Cristina Aguilar, Deputy City Clerk
for Fallon Martin, City Clerk

Cons
istent with Council Policy, the minutes referenced above are in Action Format. The complete recording of the meeting can be viewed at http://www.ci.ceres.ca.us/ agenda center.

ITEM 5
ITEM 6
MEETING DATE:

TO:

FROM:

CONTACT:

SUBJECT:

COUNCIL AGENDA REPORT
June 26, 2023
Mayor and City Council
Doug Dunford, Interim City Manager
Leticia Dias, Finance Director
[email protected] , (209) 538-5764

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
Register of Audited Demand(s) Dated May 31, 2023 through June 7, 2023
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated May 31, 2023 and June 7, 2023 covering obligations to be paid by general warrants #126590 through #126709 in the amount of $1,298,995.85.

I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending June 7, 2023.

Each demand has been audited and I hereby certify to their accuracy and conformance with the budget. Sufficient funds are available for payment of these demands.

I declare under penalty of perjury that the register of audited demands has been examined by me and to the best of my knowledge and belief is a true, correct and complete listing of claims audited and payable.

Submitted by,
~8lM
Leticia Dias
Finance Director
ITEM 6
ITEM 6
Check#
Date
VND#
Vendor
Name
126590
05/31/23
1038

ADRIANA
PARRA
126591
05/31/23
1039

ADTECHINC
126592
05/31/23
1098
AL
'S

CERTIFIED
SAFE
&
LOCK
126593
05/31/23
5391
AMAZON

CAPITAL

SERVICES
, INC
.
126594
05/31/23
1128

AMERICAN
WATER
WORKS
ASSN
Voucher
List
City
of
Ceres
Invoice#
PO#
1400 373806 263776 1 M7T-R9LW-4HX4 1P1G-16J7
-D1Y9
11VH-RXGR-VCQK 1 CKT-MGHR-C3TM 1 JVF-J4QQ-69H3 7002083360 Invoice
Description

GRAPHICS
FOR

VEHICLES
&

SHIELDS
MAY
23 SCADA

MANAGED

BACKUPS
FOR
PW
ANNUAL

TELEPHONE
LINE
CHARGE
5/1/23-4/30/24

EMERGENCY
LIGHT
BARS
PW
TRUCKS
DECAL

SCRAPERS
METAL

MARKING
PENS

RECREATION

SPECIAL
CITY
EVENTS

SUPPLIES

INFLATABLE
DECOS
FOR

CHRISTMAS
EVENT

SUPPLIES
CERES
AWWA

MEMBERSHIP
DUES
4/1/23-3/31/24
6/9/2023
10 :17
:44
AM
6/9/2023
10 :17:44
AM
Amount
3,322
.55
Total:
3,322.55
210
.58
Total:
210.58
2,400.00
Total:
2,400.00
50 .75
10 .71
28 .16
1,316.45
65 .00
Total
:
1,471.07 2,339
.00
Total
:
2,339.00
ITEM 6
Check# 126595
Date
VND
#
Vendor
Name
05/31/23
1183
AT
& T
126596
05/31/23
1185
AT&T
126597
05/31/23
1284
BAY
ALARM

COMPANY
Voucher
List
City
of
Ceres
Invoice# 311490514
JUN23
000019976988 000019956148 20585945
PO#
126598
05/31/23
1289
BEAR

ELECTRICAL

SOLUTIONS,
INC
18956
126599
05/31/23
5646

CENTRAL

SANITARY
SUPPLY
, LLC
18849 8000436 8013894 7974506 7909050
Invoice
Description
5/12-6/11/23
HIGH
TECH
CRIMES
LINE
#1
4/20-5/19/23
PHONE
SVCS

MULTIPLE
LINES
4/13-5/12/23
CLETS
LINE

CONNECTION
6/9/2023
10:17
:44
AM
Total: Total:

Amount 74
.90

74.90 338.17 293.31 631.48
JUN23-AUG23
QRTRL
Y
WWTP

COMPOUND
ALARM

MONITORING
1,617
.00
APR
23 TRAFFIC
SIGNAL

EMERGENCY

RESPONSE
APR
23 TRAFFIC
SIGNAi.

ROUTINE

MAINTENANCE
(11)
CASES
TOILET
PAPER
HIGH
GLOSS
FLOOR
FINISH
(5)
GAL
BATH
TISSUE
CR
FOR
INV
#7909050
(10)
CASES
BATH
TISSUE
Total:
1,617.00
Total:
815
,00
2,874
,00
3,689.00
508.48 116.36 -899
.90
899.90
6/9/2023
10:17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
126600
05/31/23
1606

CHARTER

COMMUNICATIONS
126601
05/31/23
1606

CHARTER

COMMUNICATIONS
126602
05/31/23
1623
CHOICE

LIGHTING
SUPPLY
126603
05/31/23
1644
CITY
OF

MODESTO
126604
05/31/23
5666

COMBINED

SYSTEMS
INC
126605
05/31/23
1672
CONCO
WEST
INC.
126606
05/31/23
1795
DAVIS
, PATTY
Voucher
List
City
of
Ceres
Invoice#
PO#
0394145050723 0511482050423 345528 364805-25952 SO23-0714 26029 6/27/23 Invoice
Description
5/7/23-6/6/23

INTERNET
FOR
SCADA
5/4-6/3/23
SCADA
FIBER
OPTIC
SVC

CONNECTION
(6)
LIGHT
BULBS
COM
PYMT
364805-25952
217

PHOENIX
AVE-

SALDIVAR
GAS
AND
LESS
LETHAL

AMMUNITION
5%
RET

RELEASE
WELL
42 DESIGN
&
CONST
6/27/23

CONCERTS
IN
THE
PARK
BAND
6/9/2023
10:17:44
AM
6/9/2023
10 :17:44
AM
Amount
Total
:
624.84 260.17
Total
:
260.17 360
.00
Total
:
360.00 25
.80
Total:

25.80 100
.82
Total:
100.82
8,924
.70
Total:
8,924.70 41,636.99
Total
:
41,636.99
500
.00
ITEM 6
Check#
Date
VND#
Vendor
Name
126607
05/31/23
1874
DON
PEDRO
PUMP
126608
05/31/23
1878
DON'S
MOBILE
GLASS,
INC
.
126609
05/31/23
1877
DONLEE
PUMP

COMPANY
INC.
126610
05/31/23
1888
DSA-786

DIVISION
OF
STATE

ARCHITECT
126611
05/31/23
3939
HD

SUPPLY,
INC
126612
05/31/23
2329

HERITAGE-CRYSTAL
CLEAN
, LLC
Voucher
List
City
of
Ceres
Invoice#
PO#
28242 IMOD555672 107808 APR-JUN
22 □
SA
796
INV00004736 INV00007472
Invoice
Description
PUMP
REPAIR
AT

STRAWBERRY
PARK

WINDSHIELD

REPAIR FOR
F250

PICK-UP

STREETS
DEPT
FIRE
DEPT
DIESEL
HOSE

REPLACEMENT

APR-JUN
22 CASP
FEE
10%
WATER

TESTING

EQUIPMENT
CL2

ANALYZER

CLEANING
POWDER
6/9/2023
10:17:44
AM
Amount
Total:
500.00
8,361
.16
Total:
8,361.16
59 .00
Total
:

59.00 928.85
Total
:
928
.85
489
.90
Total
:
489.90 531
.14
29 .69
Total
:
560.83
18023817
PART

CLEANER

MACHINE
SVCS
,CHEM
CHANGE
&
WASTE
CHRG
561
.10
Total
:
561.10
6/9/2023
10 :17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
126613
05/31/23
5648
ANN
HERNER
126614
05/31/23
5661

KIRKMAN
BECK,
LLC
126615
05/31/23
5272
JANA

KIRCHERT
126616
05/31/23
5685
JEREMY
DAMAS
126617
05/31/23
5667
KAISER

PRECISION
LLC
126618
05/31/23
2587

MIDWEST
MOTOR
SUPPLY
CO
. INC
.
126619
05/31/23
2625
LC
ACTION
POLICE
SUPPLY
Voucher
List
City
of
Ceres
Invoice#
PO#
2023-15
22300076
35651 066 5.2023
.3
CERESPD-1 101073113 449545 449793
Invoice
Description
APR
23 GEN
CIP
CONSUL
TING
SVCS
RESO22-145
FY22/23
TEMP
SVCS

SECRETARY
WE
5/21/23
(C.WILKINSON)
5/15-25/23
GET

FIT/ZUMBA

CLASSES
5/7-15/23
PW
PROJ
MGMNT

CONSULTING
SVCS

MUNITIONS
POLE
BLADES
&
PUSH
LOCKS
RIFLE
SLINGS
RIFLE
SIGHTS
6/9/2023
10:17:44
AM
6/9/2023
10 :17:44
AM
Amount
10,692
,50
Total:
10,692
.50
1,269
.20
Total
:
1,269
.20
312
.00
Total:
312.00
3,450
.00
Total
:
3,450.00 3,306
.64
Total
:
3,306.64
36 .63
Total
:

36.63 486
.73
1,257.15
ITEM 6
Check#
Date
VND#
Vendor
Name
126620
05/31/23
5364

MATTHEW
W
. LAMPO
126621
05/31/23
1001
ASHLEY
AND
JESSE

BRUMETT
126622
05/31/23
1001

DELILAH

VASQUEZ
126623
05/31/23
1001
DIRK

NIEUWENHUIS
Voucher
List
City
of
Ceres
Invoice#
PO#
450553 451119 451353 17170 449497 1959 1-4343-0120-006 D.VASQUEZ 4/27-
4/28 26069
Invoice
Description
RIFLE
RAILS

RIFLES RED
DOT
SIGHTS
RIFLE

BARRICADE
STOPS
RIFLE
LIGHTS

PRE-EMPLOYMENT
POL
VGRAPH
TOILET
REBATE@3804
ROYAL
ANN
DR
CERES,
CA
D.VASQUEZ:

PER

DIEM/MILEAGE

NORCAL-HR
CONF
4/27-28
D.NIEUWENHUIS:

PRKNG
REIMB
ICI
CRSE
4/24-5/5/23
6/9/2023
10:17:44
AM
6/9/2023
10 : 17:44
AM
Amount 73
.59
9,027.64 3,392
.50
178
.28
2,644.35
Total
:
17,060.24
450.00
Total
:
450.00 75.00
Total
:

75.00 328
.14
Total
:
328.14 55.05
Total:

55.05 ITEM 6
Check# 126624
Fe
~
c:..:,
$
R
Wt
'1-c;
Date
VND#
Vendor
Name
05/31/23
1001
HECTOR

DELAHOYA
126625
05/31/23
1001
INGE

ERICKSON
126626
05/31/23
5362

MISSION
LINEN
SUPPLY
Voucher
List
City
of
Ceres
Invoice# 1-6701-0130-002
PO#
Invoice
Description
TOILET
REBATE@
2023

GARLAND
CT
CERES
, CA
6/9/2023
10:17:44
AM
Amount 75
.00
Total
:

75.00 1-5142-0040-000

DISHWASHER
REBATE@
829
WILLOW
LAKE
WAY
CERES,
CA

75.00 519332945 519332939 519332960 519332958 519350097 519302344 519313698 519332961 519292688 5/22/23

UNIFORM
SVCS
FOR

WASTEWATER
5/22/23

UNIFORM
SVCS
FOR
PARKS
5/22/23

UNIFORM
SVCS
FOR
FLEET
5/22/23
MAT

CLEANING
SVCS
FOR
PW
ADMIN
5/19/23

UNIFORM
SVCS
FOR

STREETS
5/1/23

UNIFORM
SVCS
FOR

STREETS
5/8/23

UNIFORM
SVCS
FOR

STREETS
5/22/23

UNIFORM
SVCS
FOR

STREETS
5/15/23

UNIFORM
SVCS
FOR

FACILITIES
6/9/2023
10 :17:44
AM
Total
:

75.00 392.84 60.90 209
.07

10.00 45.54 38
.50
48 .50

52.43 34.48
Total:
892.26
ITEM 6
Check#
Date
VND#
Vendor
Name
126627
05/31/23
2944

MODESTO
COLOR
CENTER
126628
05/31/23
3062

NORTHSTAR

CHEMICAL
126629
05/31/23
3102

O'REILLY
AUTO
PARTS
126630
05/31/23 3100
ONTEL

SECURITY,
INC
.

Voucher
List
City
of
Ceres
Invoice#
PO#
M0237713 252524 252526 252527 4452-333008 4452-333340 4452-334101 37609-1 37609-2 37609-3 37609-4 Invoice
Description
PAINT
FOR
ALL
PARKS
CL2
FOR
WELL

TREATMENT
SIX
STREET
#27
CL2
FOR
WELL

TREATMENT

RIVERVIEW
#41
CL2
FOR
WELL

TREATMENT

EASTGATE
#38

BATTERY
FOR
POLICE

EXPLORER

BATTERY
FOR
POLICE

EXPLORER

BATTERY

FOR CODE

ENFORCEMENT
PICKUP
4/19/23

SECURITY
SVCS
CC
EVENT
SML
RM
4/20/23

SECURITY
SVCS
CC
EVENT
LG
RM
4/22/23

SECURITY
SVCS
CC
EVENT
SM
RM
4/22/23

SECURITY
SVCS
CC
EVENT
LG
RM
6/9/2023
10 :17:44
AM
6/9/2023
10:17:44
AM
Amount 241
.20
Total:
241.20 823
.38
1,170
.06
1,031.39
Total
:
3,024.83
147
.57
147.57 150.82
Total:
445.96 154.00 592
.90
492
.80
646
.80
ITEM 6
Check#
Date
VND#
Vendor
Name
126631
05/31/23
5471

PACIFIC

STORAGE

COMPANY
126632
05/31/23
3265
PRICE
FORD
OF

TURLOCK
, INC
.
126633
05/31/23
5041

QUALITY

CONTROL

SERVICES,
INC
126634
05/31/23
3335
RAYR
. LOPEZ
126635
05/31/23
3341
RAYCO

INDUSTRIAL
SUPPLY
INC
126636
05/31/23
1004

AMRINDER
SINGH
Voucher
List
City
of
Ceres
Invoice#
PO#
5159263 23590 23383 23070 70793 10798 1533948 48930131
Invoice
Description
MAY
23 PD

SHREDDING

PLASTIC

INTERIOR

FASTENERS
TRIM
PD
FORD

EXPLORER
02 SENSOR
POLICE

EXPLORER
#10-111-20
TIRE

PRESSURE
SENSOR
POLICE
UNIT
#10-109
ANNUAL
LAB
SCALE

CALIBRATION

PAINTING
SVCS
POLICE
HARLEY
RADIO
BOX
DRILL
SET
, SANDING
DISCS
, C-CLAMPS
SINGH
P6029
4/11/23
RFND
CC
LRG
RM
6/9/2023
10:17:44
AM
6/9/2023
10:17:44
AM
Amount
Total:
1,886.50
128
.02
Total:
128.02 10
.58
79 .01
67 .97
Total
:
157.56 260
.00
Total
:
260.00 320
.00
Total
:
320.00 316
.90
Total:
316.90
1,000
.00
ITEM 6
Voucher
List
City
of
Ceres
Check#
Date
VND#
Vendor
Name
Invoice#
126637
05/31/23 3480
RUSH
TRUCK

CENTERS
OF
3032573897

CALIFORNIA,
INC
.
126638
05/31/23
3523
SAN
DIEGO
POLICE

EQUIPMENT
CO
657063
126639
05/31/23 3736

STANDARD

INSURANCE

JAN-AUG
2022
VOL
LIF
126640
05/31/23
3746

STANISLAUS
COUNTY
CLERK
LIEN

RELEASE
126641
05/31/23 3753

STANISLAUS
COUNTY

SHERIFF'S
2986
DEPT
126642
05/31/23
3759

STANISLAUS
FARM
SUPPLY
INC
2985 101188446 101189386
PO#
6/9/2023
10:17:44
AM
Invoice
Description
Amount
Total:
1,000.00
TIRE

PRESSURE
SENSOR
POLICE

EXPLORER

86.59 Total:

86.59 .223
GOLD
DOT

AMMUNITION
(500
PER
CASE
@ 6
CASES)
1,900
.36
Total:
1,900
.36

JAN-AUG
22 BASICNOLUNTARY
LIFE

INSURANCE

PREMIUM
1,141.28
Total:
1,141.28
LIEN

RELEASE
2536
3RD
ST
20 .00
Total:

20.00 PERISHABLE
SKILLS

TRAINING
-EVOC
2,350
.00

PERISHABLE
SKILLS

TRAINING
-STOP

TRAINING
7,666
.00
Total
:
10,016.00
WASP
&

HORNET SPRAY
, GOPHER
TRAPS
FOR
ALL
PARKS

95.13 42.5

GALLONS
OF

HERBICIDE
FOR
WEED

CONTROL
1,983.27
6/9/2023
10 :17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
126643
05/31/23
5674

STAPLES
, INC
.
126644
05/31/23
3767
STATE

CONTROLLER'S
OFFICE
DEPT

ACCOUNTING
OFFICE
126645
05/31/23
3842
THE
CERES

COURIER
INC
.
126646
05/31/23
5358
TROPHY
WORKS,
INC
.
126647
05/31/23
3898
TROY
E. SLAYBAUGH
Voucher
List
City
of
Ceres
Invoice#
PO#
32379723 32433139 FTB-00005832 338275 338273 335953 913842 1066 Invoice
Description
OFFICE

SUPPLIES
FOR
PW
ADMIN
&

FACILITIES
OFFICE
(5)

MONTHLY

DIVIDER
TABS
FOR
SOLID
WASTE

ANALYST

FRANCHISE
TAX
BOARD

TRAFFIC
SITE

OFFSETS
4/19/23
LEGAL
AD:

PH
NOTICE
CC#4-13
FOOD

VENDORS
4/12/23
LEGAL
AD
: PH
NOTICE
CC#4-6
FOOD
TRUCK
LEGAL
NOTICE
RB
PARK

FISHING

ORDINANCE
2023-1074
D.DUNFORD:

NAME
PLATES

INTERIM
CITY
MNGR
MAY
23 GRAFFITI

ABATEMENT
-CE
&
PARKS
1ST
HALF
6/9/2023
10:17:44
AM
6/9/2023
10:17:44
AM
Amount
Total:
2,078.40

60.40 59
.55
Total:
119.95 217
.61
Total
:
217.61 60.00 90
.00

90.00 Total:
240.00 33.44
Total
:

33.44 2,380
.00
Total
:
2,380.00
ITEM 6
Check#
Date
VND#
Vendor
Name
126648
05/31/23
3905
TURF
STAR
INC
126649
05/31/23
3966
VALLEY
TIRE
SALES,
INC
126650
05/31/23
4053
W
.M
. LYLES
CO.
126651
05/31/23
1627
WHITE

BRENNER
LLP
Voucher
List
City
of
Ceres
Invoice#
PO#
6/9/2023
10:17:44
AM
Invoice
Description
Amount
636424-01
LAWN
MOWER

REPLACEMENT
FOR
PARKS
RESO22-09
FY22/23
63,942.63
Total:
63,942.63
98399
(4)
TIRES
FOR

DETECTIVE
FORD
FUSION
686
.38
98265
(2)
TIRES
CODE

ENFORCEMENT
F150
#41-216-08
236.33
98266
(4)
TIRES
STOCK
(3)
TIRES
POLICE
FORD

EXPLORER
975.55
Total
:
1,898.26
04 22200371
JAN
23 WELL
16 GAC

CHAMBER
PROJ
RESO21-127
FY21/22
221,020.00
05 22200371
FEB
23 WELL
16 GAC

CHAMBER
PROJ
RESO21-127
FY21/22
26,320.00
Total
:
234,973.00
47507
MAR
2023

GENERAL

MUNICIPAL
LEGAL

SERVICES
12,968.34
47508
MAR
2023
WATER
LEGAL

SERVICES
736.00
47509
MAR
2023
POLICE
LEGAL

SERVICES
570.20
47510
MAR
2023
HR
LEGAL

SERVICES
651.80
47512
MAR
2023

CANNABIS
LEGAL

SERVICES
1,845
.00
6/9/2023
10:17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
Voucher
List
City
of
Ceres
Invoice# 47513 47514 47515 47516 47511
PO#
Invoice
Description
MAR
2023
PRA
LEGAL

SERVICES
MAR
2023
CODE
ENF
LEGAL

SERVICES
MAR
2023
CERES
V. PENA
LEGAL

SERVICES
MAR
2023
PW
LEGAL

SERVICES
MAR
2023
COMM
DEV
LEGAL

SERVICES
6/9/2023
10:17:44
AM
Amount
2,580
.60
2,176.00
8,821.35
126652
06/07/23
1140
ANIMAL
DAMAGE

MANAGEMENT
INC
6690C
Total:
22300056
MAY
23 PEST

CONTROL
SVCS

CONTRACT
RESO22-134
FY23
562
.60
4,987.20 35,899.09 6,600
.00
126653
06/07/23
1185
AT&T
126654
06/07/23
1199
AVENU

MUNISERVICES
126655
06/07/23
1211
AXON

ENTERPRISE,
INC.
000019975404 I NV06-016520 INV06-016397 INUS160771
4/20-5/19/23
T-1
LINE

CONNECTION
CORP
YD

CITY HALL
APR
23 PROCESSING
BL
ADMIN
SVCS
(18)

LICENSES

CLEARVIEW
STARS
SVCS
4TH
QRTR
2022
DATA

BRACKET
FOR

TRAFFIC
RADIOS
6/9/2023
10:17:44
AM
Total:
6,600.00
Total:
162
.11
162.11 185.40 752
.50
Total:
937.90 42.82
ITEM 6
Check#
Date
VND#
Vendor
Name
126656
06/07/23
1343
BLACK
WATER
CONSUL
TING

ENGINEERS,
INC
126657
06/07/23
5646

CENTRAL

SANITARY
SUPPLY
, LLC
126658
06/07/23
1606

CHARTER

COMMUNICATIONS
126659
06/07/23
1643
CITY
OF

MODESTO
126660
06/07/23
1644
CITY
OF

MODESTO
Voucher
List
City
of
Ceres
Invoice#
PO#
6034
22200398
6030
10331
8035151 8036186 8041215 0268166051723 JUN
2023
586939-28166
Invoice
Description
APR
23 CRWQCB
NPDES
APP
WTR

TREATMENT
ENG
SVCS
APR
23 STORM
DRAIN
MASTER
PLAN
FY18

GARBAGE
BAGS
, SANITIZER,
DRYER
SHEETS
FS1
FLOOR
FINISH
(1)
CASE

DISHWASHER
SOAP
TABS
5/17-6/16/23

INTERNET
SVCS
FIBER
&
COPPER
JUN
23 FIRE

PROTECTION

PREVENTION
COM
PYMT
586939-28166
2612
SAN

IGNACIO
AVE
6/9/2023
10:17:44
AM
6/9/2023
10 :17:44
AM
Amount
Total
:

42.82 267
.00
681.50
Total:
948.50 298
.76
108
.36
151.44
Total
:
558.56 1,449.99
Total
:
1,449.99
582
,772
,03
Total
:
582,772.03
162
.08
Total:
162.08
ITEM 6
Check# 126661
Date
VND
#
Vendor
Name
06/07/23
1644
CITY
OF

MODESTO
126662
06/07/23
1693

CORELOGIC

SOLUTIONS,
LLC
126663
06/07/23
1793
DAVID

LANGLEY
INC
.
126664
06/07/23
1818
DEL
NERO,
GARY
126665
06/07/23
5437

ELEVATOR

TECHNOLOGY,
INC
.
126666
06/07/23
5679
EMC

PLANNING
GROUP
INC
.
126667
06/07/23
5612
EMILY
SARAH
RENEE

EIKEBERG
Voucher
List
City
of
Ceres
Invoice# 315721-133356
MAY
23 30669118 12972-290 JUNE
2023
86432 86428
PO#
Invoice
Description
4/24-5/22/23
WTR
SVCS
F/S#2
(19)
6/9/2023
10 : 17:44
AM
Total
:

Amount 77.44 77.44
MAY
METRO
SCAN
ONLINE
ACCESS
STAN
CO

DATA,ARIEL,ST
644
.33
Total:
644.33
JUN
23 JANITORIAL
SVCS
COMM
CNTR
5,156.32
Total
:
5,156.32
JUN

PLANNING

COMMISIONER

COMPENSATION
RESO#89-183
80 .00
80 .00
135
.00
135
.00

ELEVATOR

PREVENTATIVE

MAINTENANCE
FOR
PD

ELEVATOR

PREVENTATIVE

MAINTENANCE
AT
CCC
Total: Total:
270.00
23-198
22300089

HOUSING

ELEMENT
UPDATE
:HCD/LEAP
GRANT
&
REAP
GRANT
11,158
.73
Total:
11,158.73
MAY2023
MAY
23 TURN
UP
WITH
EM
75 .60
6/9/2023
10:17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
126668
06/07/23
5587
EMTS,
INC
.
126669
06/07/23
5695
FALANY
FENCE

COMPANY
INC
.
126670
06/07/23
5696
DRENDA
D
GORNE
126671
06/07/23
2131
GDR

ENGINEERING,
INC
,
126672
06/07/23
2246
GROVER

LANDSCAPE

SERVICES
, INC
126673
06/07/23
2399

HUGHSON
FARM
SUPPLY
Voucher
List
City
of
Ceres
Invoice#
PO#
APRIL
2023
39547
22300016
14895 19584 28285 0314216
22300046
Invoice
Description
APRIL
23 TURN
UP
WITH
EM
MAY
23 ROW

LANDSCAPE

MAINTENANCE
RESO22-06
FY23
FENCE
REPAIR
FROM

VEHICLE
DAMAGE
SLATS
, TRACK
PIPE

SUPPLIES
FOR

STORMDRAIN
REPAIR
APR
23 ENGINEERING
&
LAND

SURVEYING
SVCS
MAY
23 DOWNTOWN

BUSINESS
DIST

LANDSCAPING
SVCS
6/9/2023
10:17:44
AM
Amount 33
.60
Total:
109
.20
23,275.00
Total
:
23,275.00 1,306
.00
Total:
1,306.00
716
.00
Total:
716.00 567
,00
Total:
567
.00
1,820
.00
Total:
1,820.00
H459661
TOOLS
FOR

CLEANING
STORM
PONDS,
HEDGE
TRIMMERS.ETC
2,705
.51
Total:
2,705.51
6/9/2023
10:17
:44
AM
ITEM 6
Voucher
List
City
of
Ceres
Check# 126674
Date
VND
#
Vendor
Name
Invoice
#
PO#
06/07/23
2423

INDEPENDENT

ELECTRIC

SUPPLY,
INC
S105938865
.002
126675
06/07/23
2465
JACK
HENRY
&

ASSOCIATES,
INC
.
126676
06/07/23
2479
JAMMU,
RULDIP
126677
06/07/23
5685
JEREMY
DAMAS
126678
06/07/23
2510

JOHNSON,
DAVID
J.
126679
06/07/23
2539
K
&
D

ENTERPRISES
INC.
126680
06/07/23
2540

KACHEL,
GUY
ROBERT
4306735 JUNE
2023

5.2023.4
JUNE
2023
KD-29663 KD-29625 JUNE
2023
Invoice
Description

DOWNTOWN
STREET
LIGHT
POLE
&

FIXTURE
REMIT
PLUS
ANNUAL
LIC
FEE
&
MAINT
7/1/23-6/30/24
6/9/2023
10:17:44
AM
Amount
4,822.69
Total:
4,822.69 1,995
.36
Total:
1,995.36
JUN

PLANNING

COMMISIONER

COMPENSATION
RESO#89-183
80 .00

80.00 3,100
.00
Total:
5/22-26/23
PW
PROJ
MGM
NT
CONSUL
TING
SVCS
Total:
3,100.00
JUN

PLANNING

COMMISIONER

COMPENSATION
RESO#89-183
FILL
DIRT
FOR

PERISBURG
LN
4 YDS
OF
BASE
ROCK
Total:
80 .00

80.00 65
.30
152.43
Total:
217.73
JUN

PLANNING

COMMISIONER

COMPENSATION
RESO#89-183

80.00 6/9/2023
10:17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
126681
06/07/23
5103
LARRY
WALKER

ASSOCIATES
, INC
126682
06/07/23
2636
LEHR
AUTO

ELECTRIC
INC.
126683
06/07/23
2772

MARJORIE
P. BLOM
126684
06/07/23
1001
AMY
MURRAY
126685
06/07/23
1001
GREGG
HELM
126686
06/07/23
1001

KIASHIRA
ORTIZ
126687
06/07/23
1001
TAMRA
SPADE
Voucher
List
City
of
Ceres
Invoice#
PO#
Invoice
Description
6/9/2023
10 :17
:44
AM
Amount
Total
:

80.00 00635
.03-1
4/30/23

PYRETHROID
MGMNT
, CASQUA
&
OWOW

MEMBERSHIP
1,688
.32
Total
:
1,688.32
Sl84870
LIGHT
BAR

FOR PATROL
TRUCK
773
.01
Total:
773.01
44 MAY
23 HCD
HOME
LT

MONITORING
2,380.00
Total:
2,380.00
26068
A.MURRAY
: FUEL
REIMB
FROM

DISPATCHER
TRNG
5/1-19
242
.79
Total:
242.79
1-0624-0140-005
TURF
REBATE@
2500
ACORN
LANE
CERES
, CA
500
.00
Total:
500.00
K.ORTIZ
6/26-30/23
K.ORTIZ
: PER
DIEM
BASIC
SRO
CRSE
6/26
-30/23
75 .00
Total
:

75.00 ICSC
CONF
5/21-
T.SPADE
: PER

DIEM/REG
FEE
REIMB
ICSC
CONF
5/21-23
1,264
.10
23/23
6/9/2023
10:17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
126688
06/07/23
5362

MISSION
LINEN
SUPPLY
126689
06/07/23
3060

NORMAC,
INC
.
126690
06/07/23
3088
O'DELL

ENGINEERING
126691
06/07/23
5583
ODP

BUSINESS

SOLUTIONS
, LLC
Voucher
List
City
of
Ceres
Invoice#
PO#
519376937 519376952 519313706 519292691 519332962 519376932 0010734596-001 2198213 310305392001 Invoice
Description
5/29/23

UNIFORM
SVCS
FOR

WASTEWATER
5/29/23
MAT

CLEANING
SVCS
FOR
PW
ADMIN
5/8/23

UNIFORM
SVCS
FOR
WATER
5/15/23

UNIFORM
SVCS
FOR

WTR/WTR

CONSERVATION
5/22/23

UNIFORM
SVCS
FOR

WTR/WTR

CONSERVATION
5/29/23

UNIFORM
SVCS
FOR
PARKS

IRRIGATION

SUPPLIES
FOR
ALL
PARKS
4/3-5/7/23
CIVIL
PLAN
REVIEW

CERTIFICATE
FRAME
6/9/2023
10 :17
:44
AM
6/9/2023
10:17:44
AM
Amount
Total:
1,264.10
86 .58

10.00 45
.54
69 .54

67.02 60.90
Total
:
339.58
1,979.16
Total
:
1,979.16
412
.00
Total
:
412.00

5.19 Total
:

5.19 ITEM 6
Check# 126692
Date
VND
#
Vendor
Name
06/07/23
5583
ODP

BUSINESS

SOLUTIONS,
LLC
126693
06/07/23
3100
ONTEL

SECURITY,
INC.
126694
06/07/23
5656
OTERO
, CERINA
M.
126695
06/07/23
3582

SCUDDER,
GREG
126696
06/07/23
3610
SHAPE
INC
.

Voucher
List
City
of
Ceres
Invoice# 309958320001 311752630001 312376401001 313453364001 37609-5 37719 JUNE 2023
6/13/23 2103
PO#
Invoice
Description
LABELS
FOR

CITATIONS
PHOTO
PAPER

CERTIFICATE
FRAMES
AND
COPY
PAPER
OFFICE

SUPPLIES,

MOUSEPADS
&

POST-IT-NOTES
4/25/23

SECURITY
SVCS
CC
EVENT
LRG
RM
APR
23 PARKS
SECURI
TY
PATROL
6/9/2023
10:17:44
AM
Total
:

Total
:

Amount 125.53 93
.28
111.03 61
.13
390.97 123
.20
4,250
.00
JUN

PLANNING

COMMISIONER

COMPENSATION
RESO#89-183
4,373.20
80 .00

80.00 500.00
Total
:
6/13/23

CONCERTS
IN
THE
PARK
BAND
Total
:
500.00

EMERGENCY
WWTP
EXPORT
PUMP
REPAIR
23 ,586
.13
Total:
23,586.13
6/9/2023
10 :17:44
AM
ITEM 6
Check#
Date
VND#
Vendor
Name
126697
06/07/23
3635

SILVEIRA
, JOHN
L
JR.
126698
06/07/23
3759

STANISLAUS
FARM
SUPPLY
INC
126699
06/07/23
3766

STAPLES
CREDIT
PLAN
126700
06/07/23
5674

STAPLES
, INC.
126701
06/07/23
5692
SOLID
WASTE

ASSOCIATION
OF
NORTH

AMERICA
126702
06/07/23
3842
THE
CERES

COURIER
INC
.

Voucher
List
City
of
Ceres
Invoice#
PO#
CCITP72301-1 101188998 3272829371 32703656 32629251 32658459 2024-1982818 338260 Invoice
Description
6/13/23
SOUND
SYSTEM
TECH

CONCERTS
IN
THE
PARK
SPRAY
WEEDS
(WELL
SITES)

HANGING
FILES
&
WIRE
MESH
FILE

ORGANIZER
OFFICE

SUPPLIES
FOR
PW
ADMIN
OFFICE

SUPPLIES
, FURNITURE

REPLACEMENT
OFFICE

FURNITURE

REPLACEMENT
2023
ANNUAL
SWANA

MEMBERSHIP
FOR
TONI

CORDELL
4/5/23
LEGAL
AD
TCP
CC#3-19
6/9/2023
10:17
:44
AM
6/9/2023
10 :17:44
AM
Amount 125
.00
Total
:
125
.00
43 .34
Total
:
43 .34
123
.94
Total:
123
.94
27 .58
347
.52
532.94
Total:
908.04 245
.00
Total
:
245.00 300
.00
Total
:
300
.00
ITEM 6
Check# 126703
Date
VND#
Vendor
Name
06/07/23
3901

TRU-TECH
INC
126704
06/07/23
3905
TURF
STAR
INC
126705
06/07/23
3916
U.S. BANK
126706
06/07/23
3334
UBEO
WEST
, LLC
126707
06/07/23
3959
VALLEY

CRITTER
CARE,
INC
126708
06/07/23
3959
VALLEY

CRITTER
CARE
, INC
126709
06/07/23
4090
WEST
COAST

ARBORISTS
, INC
.

Voucher
List
City
of
Ceres
Invoice# 2023-340
PO#
Invoice
Description
22300048

RE-ROOF
OF
CITY
HALL
&
LEGION
HALL
7279373-00
REPAIR
TORO
MOWER

HYDRAULIC SYSTEM
6899998
CRDA
TARB
PROJ
AREA
1 2020

TRUSTEE/ADMIN
FEE
6/9/2023
10 :17:44
AM
Amount
109,566.00
Total:
109,566
.00
1,203
.69
Total
:
1,203
.69
2,400
.00
Total
:
2,400.00
4135826
JUN

CH,ANNEX,FIN,PW
,PD,REC
,WWTP,WTR
CPYR

LSE/MAINT
4,795.34
675197 674680 199245 198727
ORAL

SURGERY
&

MEDICATION
-K9
BANNER
EXAM
&

MEDICATION
-K9
VEKO
4/1-15/23
TREE
SVC

REQUESTS
&

EMERGENCIES
3/16-31/23
TREE
SVC

REQUESTS
&

EMERGENCIES
6/9/2023
10:17:44
AM
Total:
4,795
.34
533
.62
Total:
533.62
Total
:
66 .00

66.00 1,026.00 2,603
.15
ITEM 6
Check#
Date
VND#
Vendor
Name
120
Vouchers
in
this
report
Voucher
List
City
of
Ceres
PO#
6/9/2023
10:17:44
AM
Invoice
Description
Invoice# 199699
4/16-30/23
TREE
SVC

REQUESTS
&

EMERGENCIES
Amount
2,052.00
194094
3606

CENTRAL
TREE

EMERGENCY

REMOVAL
6/9/2023
10:17:44
AM
Total:

Total
vouchers:
2,565
.00
8,246.15
1,298,995.85
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4

MEETING DATE: June 26, 2023

TO: Mayor and City Council

FROM: Douglas D. Dunford, Interim City Manager

CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717

SUBJECT: Public Works Monthly Report for May 2023

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKG ROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of May 2023.

FACILITY SERVICES:
• Completed 193 Facilities Maintenance work orders including: 106 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 87 preventive maintenance services.
• Received a proposal for the automation for the HVAC controls for major city buildings for next year's budget, 2023-2024.
• Tru-Tech completed the re-roofs for City Hall, Annex and Legion Hall for a total of 20,282 sq. ft. with a 20-year warranty.
• Event support in conjunction with the Ceres Chamber of Commerce for the Ceres Street Fair on Saturday and Sunday, May 6-7, 2023. The event was well attended by the community.
• Completed the E-waste recycling with Tri-Valley. E-waste was two full pallets , or 435 pounds.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, two (2) Facility Maintenance Workers, and five (5) Custodians.

ITEM 7a
FLEET SERVICES:

Completed 104 work orders

Fleet, Department 20
• Installed Tommy Lift gate on code enforcement pickup truck • Installed computer and related mount equip on code enforcement pickup truck

Fire, Department 15
• Repairs completed on West Port Fire District fire engine

Police, Department 10
• Unit 112 out service at dealer pending warranty repairs

Streets, Department 30
• New patch truck returned to service from dealer warranty issue

Water, Department 35
• N/A

Parks, Department 40
• Toro mower warranty work completed on 2nd mower
• Tommy Lift gate installed on Parks ranger pickup

Wastewater, Department 25
• VacCon service and repairs completed

Facilities, Department 41
• Finished outfitting new facilities transit van, storage, partition, shelving

Emergency and non-emergency City vehicles and equipment is maintained and repaired by one (1) Supervisor, one (1) Sr. Maintenance Mechanic , and two (2) Maintenance Mechanics.

LANDSCAPE MAINTENANCE:

Completed a total of 618 service requests in the following categories:
• Bike Path Repairs: 1
• City Grounds Maintenance: 75
• Park Landscape and Maintenance: 281
• Parks Landscape chemical usage: 1200 gallons Parks / Grounds • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow delivery; still pending delivery.
• Playground and Equipment Inspections: 5
• Right of Way (ROW) Irrigation Repairs: 209 sprinklers • Park Trees: 16 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 36 • Total Graffiti Vandalism & Repair cost is $3,200.00 for the month of May alone.

Parks sprinklers repaired or replaced:

ITEM 7a
• Barry Grove – 1 maintenance
• Costa Fields – 1 maintenance, 2 valves replaced
• Don Pedro – 4 vandalisms
• Independence – 10 maintenances
• Dog Park – 4 maintenances
• Neel Park – 15 vandalisms
• Persephone – 1 maintenance
• Redwood – 2 maintenances
• Riverbluff – 11 maintenances
• Riverview – 16 maintenances
• Roeding Heights – 2 maintenances
• Sam Ryno – 4 maintenances
• Smyrna – 3 maintenances
• Strawberry – 13 vandalisms
• Whitmore – 5 maintenances

Parks General Maintenance/Repairs:
• Serviced all park irrigation wells
• Power washed Covered areas at Smyrna and River Bluff parks • Graffiti removal at Sam Ryno (2), Strawberry (3), River Bluff (6), Roeding (3), Neel (4), Ochoa (2), Persephone (1), Smyrna (5), Don Pedro (3), and Independence (1) parks

Grid Prune by West Coast Arborists (WCA)
• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned • Gird # 4 2021=2022 99% - Completed with 2,450 trees pruned so far • Grid # 2 2022 – 2023 Started in July 45% completed
• Grid # 1 & 5 uncompleted with a total of 8,571 trees unpruned • Pending: 167 High Risk, 11 Removals and 56 Trims starting FY 2023-24 • Grid Prune has exhausted approved ARPA funds and this program is on hold until next year’s budget is available, FY 2023-24

Grounds
Rights of Way (ROWs):
• Faith Home Rd.: modifying enclosure of backflow device to make it vandal-proof, due to past vandalisms backflows need to be reinstalled. • River road; backflow devices stolen and pending replacement. Turned off water at River and Canyon Falls.
• Morgan roundabout; Two (2) separate vehicle accidents causing the artificial grass inside the inner circle to be readjusted.
• Re-staked 4 trees along Eastgate and 2 trees along Fowler Road Sam Ryno:
• Temporarily closed off 2- 5 age (small child) playgrounds due to vandalism, repaired same issues with staircase twice; is pending installation by staff. • Swings broken, waiting on parts for repair.
• Replaced wood chips around trees and landscaped areas.

Smyrna Park:
• Re-staked 3 trees along Presidential walkway due to vandalism ITEM 7a
Neel Park:
• Existing tree near playground was defaced, staff is monitoring the condition of the tree.

Whitmore Park
• Add woodchips and replace sprinklers to prepare for Concerts in the Park Riverview Park:
• 6- 12 age Playground fire damage to the slide obstacle, a 6-month lead time for equipment delivery, installation will take place right after delivery. Expected repair work July 14th.

River Bluff Park:
• Playground area - replaced 6 sprinklers due to vandalism. • Gate still closed to L ower Bluff due to f looding. Lower Bluff will be closed until further notice; fences cut 6 times to lower area.
• 1 tree fell over in storm, removed by parks crew.
• Trimmed 8 trees along soccer fields.
• Disked basins in park areas and brush hogged dirt areas.

Guillermo Ochoa Park:
• Ongoing maintenance of Carousel and Merry-Go-Round
• Removed Merry-Go-Round wheel due to vandalism, parts arrival still pending. • Brush hogged entire park
Strawberry Fields Park:
• Repaired and replaced irrigation well motor
Lions Park:
• Disked park and cleaned sidewalk areas

City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (1) Sr.

Parks Maintenance Worker, five (5) Park Maintenance Workers, and one (1) part -time Maintenance Worker.

SOLID WASTE AND RECYCLING DIVISION:

Reminder: The Leaf & Limb collection ended on January 9th. Any piles placed in the street until October 1st is consider an illegal disposal violation. • Highlights of solid waste and recycling collection by Bertolotti for May 2023

 Residential…………………….… 1231.41 tons
 Commercial……………………… 1958.56 tons
 Illegal dump (code enforcement) 63.17 tons, 152 locations  Illegal dump (Bertolotti) ………. 3.95, 19 locations
 Bulky items…………………….… 40.06 tons, 133 locations
 Leaf/limb (illegal).…………….… 5.77 tons
 Street Sweep………………….… 49.90 tons
 Residential Organics…………… 668.47 tons
 Commercial Organics…………. 376.86 tons
 Residential Recycle………….… 201.82 tons
 Commercial Recycle …………… 4.32 tons
 C&D (Construction/Demolition Debris) 0 tons
 Used oil…………………………… 645 gallons
ITEM 7a
 Used oil filter……………...……… 59

• There were 1 garbage cart storage violation notices issued in May. • There were 480 organic cart contamination violations issued in May. • The Solid Waste Division participated in May Hensley Junior High School’s career day event on May 12 th. Staff hosted a booth to talk to students about a career in Public Works and specifically solid waste management.
• Signs have been placed throughout visible rights -of-way and residential neighborhoods to remind residents that the leaf and limb program ended in January.

Any piles placed in the street are considered illegal dumping and will be enforced as such.

Solid Waste Division work is performed by one (1) Administrative Analyst.

STREETS SERVICES:
• Staff responded to a total of 81 customer service requests • Responded to 226 Underground Service Alerts (USA) markings • Repaired 31 streetlights
• Repaired 3 sinkholes in the roadway, Faith Home, Richland and El Camino • Repaired 3 washouts in storm drain ponds at Moonview, Blueridge, and Don Pedro • Sprayed weeds, cleaned El Camino and cleaned alleys downtown in preparation for Street Faire
• P erformed traffic control for Street Faire to include placing K – Rails • Deployed message boards for Street Faire
• P erformed excavation with vacuum truck at River Bluff Park for water leak • Patched numerous potholes
City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, six ( 6) Streets Maintenance Operators, one (1) Street Sweeper Operator and (2) part time Streets/Code Enforcement Maintenance workers. Please note the Streets Division has been down one staff member since January 2022 due to workers comp injury.

WASTEWATER (WWTP):
• Responded to 8 customer service requests and 33 sewer problems, during working hours and after hours.
• Staff responded to 5 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s). There were (0) SSOs in May which resulted in 0 gallons spilled and recovered.
• Serviced or Repaired:
o Lift Stations – 8
o WWTP Equipment – 16
o Main line sewer plugs – 4
o Aerators – 1
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation
• Staff checked on force main to Turlock.

ITEM 7a
• Staff cleaned 17,809 feet of sewer main line.
• Staff CCTV inspected 6,850 feet of sewer line .
• Staff continues the process of updating the Wastewater Discharge Report (WDR) • SCADA Integrator, Jeff Burrows, and Wastewater Staff, continued converting lift station and treatment plant controls to the new SCADA system. • Staff continued to retrofit and install a new irrigation pump control system and integrate it into the SCADA system.
• Staff attended training for First Aid, CPR, and AED.
• Staff assisted contractor to install & program 1 new lift station panel. • Staff repaired sunken manhole at the southeast corner of Service Rd. And Central Ave.
• Staff removed and sent in for repair 1 lift station pump. • Staff prepared for and conducted a tour for 40 individuals from American Water Works Association (AWWA), the World Bank, and a delegation from Turkey. It was part of a larger tour about the water reuse program Ceres participates in. • Staff checked & marked 246 USA tickets, which took 35 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charges $80,701.84 for the month of May • Modesto sewer use charges for the month of May have not yet been received • Biochemical Oxygen Demand (BOD) 52 mg/L
• Treated and disposed of 80.44 MG of wastewater with an average of 2.59 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in- Training. There are two (2) open Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35
• May 2023 well production was 195.643 million gallons
• Average water use for May was 6.31 million gallons per day • Water staff responded to 33 customer service requests • Water staff responded to 120 Underground Service Alerts (USA) markings • Meter statistics and repairs:
o Meters in water distribution system: 11,835
o Meters/radios serviced: 178

o Meters replaced: 5
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 2
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 66 were exercised • Blow-offs and hydrants flushed: 18
• Water main leaks: 0
• Service line leaks: 4
• Service lines have been replaced: 3
• Hydrants replaced: 0
• Water leak/service line replaced at Perisburg, 6th street and Harold alley. • Put well 38 back in service after disinfection.

ITEM 7a
• Water staff had initial training for pumps, tank, vfd’s, hmi, plc, and valves for the new River Bluff pumping station.

Water Conservation, Department 36
May 2023 calculated residential gallons used per person per day: 96.61 • Annual average is 83.08 gallons per person per day
• Responded to 25 water conservation service requests
• Issued courtesy notifications: 6
• Performed 0 water audits
• Delivered 51 water waste warnings and issued 13 water waste fines • Rebates Issued: Dishwasher: 1 , Smart Irrigation: 0, ULF Toilets: 3 , Washing Machine: 0, and Turf Replacements: 1
Total Rebates YTD: 16
The graph below shows our production numbers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For May 2023, we had a decrease of 11.92% from the May 2020 production numbers.

Water system maintenance is performed by one (1) Administrative Analyst, one (1) Water Supervisor, two (2) Senior Water Operators, Five (5) Water Distribution Operators, two (2) Field Service Technicians, and one (1) part-time Water Conservationist.

Approved by: ___________________
Douglas D. Dunford
Interim City Manager
ITEM 7a
ConscrvJtion
JOO
,so
'.50
'.00
50 Jon F<b Mo, Ap, Moy Jun Jul Aug Sept Oct No, Dec

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023-XXX, Awarding the Construction Contract for 2022 Pavement Resurfacing Project t o American Pavement Systems Inc., Authorizing Construction Support, a 10%
Contingency, a Budget Amendment, and the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the Council award the construction contract for the 2022 Pavement Resurfacing Project to American Pavement Systems Inc.

I. BACKGROUND:

The project scope includes Crack Seal, Slurry Seal, Cape Seal, full-depth crack treatment with Hot-Mix Asphalt, striping, and sign improvements on various streets throughout the City. Also included in the scope of this project is the full -depth repair of pavement at the City’s Wastewater Treatment Plant with a Slurry Seal on all access roads. The work will begin in July 2023. This project will treat approximately 4.5 centerline miles of public road.

This project will be funded by Measure L, SB1, and Sewer Service Funds. Improvements within the Wastewater Treatment Plant will use Sewer Service Funds.

II. REASONS FOR RECOMMENDATION:

The 2022 Pavement Resurfacing Project is the annual treatment of roadways throughout the City. It is included as a part of the City’s Pavement Management Program and fulfills the expectations of Measure L, our promise to treat roadways in our jurisdiction. Bids for this project were due May 30, 2023. American Pavement Systems Inc. submitted a complete responsive bid package in the amount of $1,315,212.00.

ITEM 8
III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2022/23 Capital Improvement Program Budget in account num bers: 271.95.8005 in the amount of $800,000.00, 277.95.8005 in the amount of $200,000.00, and 567.95.8005 in the amount of $250,000.00. Additional funds are requested from account 271.95.8005 in the amount of $244,733.00 to fully fund the project. A budget amendment request is attached (Attachment B).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well-maintained infrastructure.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the bids and re- bid the project or reject the bids and modify the scope of the project.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

The City and Contractor will provide door to door notification and street signs indicating construction activities to all residents and motorists in the vicinity of the project.

VIII. ENVIRONMENTAL REVIEW:

The project is a CEQA Categorical Exemption as per Section 15301 (c) Existing Facilities.

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract with American Pavement Systems Inc., execute the budget amendment, solicit proposals from on- call material testing firms, conduct a pre- construction conference, and issue the notice to proceed.

Approved by
: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B
– Budget Amendment

3. Attachment C – Bid Results

4. Attachment D – Contract

5. Attachment E – Project Plans
ITEM 8
RESOLUTION NO. 2023-XXX
AWARDING THE CONSTRUCTION CONTRACT FOR 2022 PAVEMENT
RE
SURFACING PROJECT TO AMERICAN PAVEMENT SYSTEMS INC.,
AUTHORIZING CONSTRUCTION SUPPORT, A 10% CONTINGENCY, A

BUDGET AMENDMENT, AND THE INTERIM CITY MANAGER TO EXECUTE

THE CONTRACT

THE CITY COUNCIL
Cit
y of Ceres
WHEREAS, proposals for the construction contract for 2022 Pavement Resurfacing Project were due May 30th, 2023; and
WHEREAS, the lowest responsive and responsible bid was received from American Pavement Systems Inc., in the amount of $1,315,212.00; and WHEREAS, it is estimated that $40,000 will be needed for construction material testing, funding from 271.95.8005; and
WHEREAS, a construction contingency in the amount of 10% or $135,521.00 is necessary and appropriate to accommodate any unforeseen costs bringing the total construction authorization to $1,490,733.00; and
WHEREAS, the 2022 Pavement Resurfacing Project and WWTP Roadway Improvements was programmed in the Capital Improvement Budget in account numbers : 271.95.8005 in the amount of $800,000.00 , 277.95.8005 in the amount of $200,000 .00, and 567.95.8005 in the amount of $250,000.00; and
WHEREAS, a budget amendment appropriating an additional $240,733.00, is necessary and appropriate to fully fund the project out of Measure L from account 271.95.8005.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the construction contract for 2022 Pavement Resurfacing Project to American Pavement Systems Inc. , authorizes construction support, a 10% contingency, a budget amendment, and the Interim City Manager to execute the contract.

BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___________________________________
J
avier Lopez, Mayor
ATTEST:
_________________________________
Fal
lon Martin, City Clerk
ITEM 8

ATTACHMENT A
ITEM 8
Budget Amendment No.

Fiscal Year 2022 - 2023
Reference Resolution No. 2023-XXX, dated June 26,2023,
authorizing appropriations for Budget Adjustments to the 2022 Pavement Resurfacing Project as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Measure L Funds 271 95 800500 $240,733.00
Requested Appropriation $240,733.00
2022 - 2023 Current Appropriation $1,250,000.00
Total Appropriation $1,490,733.00
Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2022 - 2023 Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:

ITEM 8

ATTACHMENT B
ITEM 8
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Mobilization (5%) LS 1 $100,000.00 $100,000.00 $35,000.00 $35,000.00 $70,000.00 $70,000.00 $40,520.00 $40,520.00 2 Water Pollution Control LS 1 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 3 Public Convenience and Safety LS 1 $65,000.00 $65,000.00 $158,500.00 $158,500.00 $30,000.00 $30,000.00 $20,000.00 $20,000.00 4 Tree Pruning & Balancing LS 1 $60,000.00 $60,000.00 $25,000.00 $25,000.00 $30,000.00 $30,000.00 $45,360.00 $45,360.00 5 Crack Treatment (Less Than 1-1/2") LS 1 $80,000.00 $80,000.00 $50,000.00 $50,000.00 $107,400.00 $107,400.00 $48,480.00 $48,480.00 6 Cape Seal SF 466,500 $0.65 $303,225.00 $0.90 $419,850.00 $0.90 $419,850.00 $0.90 $419,850.00 7 Type II Slurry Seal SF 368,000 $0.30 $110,400.00 $0.28 $103,040.00 $0.28 $103,040.00 $0.30 $110,400.00 8 Type II Slurry Seal at WWTP SF 412,000 $0.40 $164,800.00 $0.28 $115,360.00 $0.38 $156,560.00 $0.33 $135,960.00 9 Remove and Apply Thermoplastic Traffic
Stripes, Pavement Markings, and Markers LS 1 $130,000.00 $130,000.00 $50,000.00 $50,000.00 $60,000.00 $60,000.00 $56,512.00 $56,512.00 10 Remove and Replace Street Name and
Traffic Signs EA 27 $1,000.00 $27,000.00 $600.00 $16,200.00 $635.00 $17,145.00 $648.00 $17,496.00 11 Furnish and Install New Driver Speed
Feedback Signs EA 3 $20,000.00 $60,000.00 $15,000.00 $45,000.00 $20,000.00 $60,000.00 $20,223.00 $60,669.00 12 Furnish and Install Solar Sign Replacement
Batteries (Ten 100 Ah, 20 22Ah) LS 1 $20,000.00 $20,000.00 $16,000.00 $16,000.00 $21,000.00 $21,000.00 $21,546.00 $21,546.00 13 Full Depth Crack Treatment (4" Thick) SF 31,100 $13.00 $404,300.00 $4.42 $137,462.00 $5.25 $163,275.00 $4.77 $148,347.00 14 Full Depth Asphalt Treatment at WWTP (4"
Thick) SF 30,000 $15.00 $450,000.00 $4.16 $124,800.00 $4.95 $148,500.00 $4.49 $134,700.00 15 Adjust to Grade: Water Valve EA 4 $3,000.00 $12,000.00 $1,500.00 $6,000.00 $1,700.00 $6,800.00 $1,890.00 $7,560.00 16 Adjust to Grade: Sewer Manhole EA 4 $4,000.00 $16,000.00 $2,000.00 $8,000.00 $2,200.00 $8,800.00 $2,430.00 $9,720.00 $2,012,725.00 $1,315,212.00 Non-responsive Non-responsive (P22-003)
VSS
West Sacramento, CA
TOTAL BID:

SUB-CONTRACTORS:

BID DUE: MAY 30, 2023 at 2:00 PM
2022 Pavement Resurfacing Project
Collins Electric, Chrisp, United
Pavement, Graham

BID TABULATION SHEET
Pavement Coating
Modesto, CA Sacramento, CA
Engineer's Estimate American Pavement Systems
1 of 1

ATTACHMENT C
ITEM 8
ITEM 8

ATTACHMENT D
ITEM 8

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

BID BOOK FOR
2022 PAVEMENT RESURFACING PROJECT
(P22-003)
IN

CERES, CA
Bid Opening Date: May 30, 2023 at 2:00 P.M

CITY COUNCIL

JAVIER LOPEZ (MAYOR)

BRET SILVEIRA

JAMES CASEY
ROSALINDA L. VIERRA
DANIEL A. MARTINEZ
ITEM 8
Bid Book contains the following documents

1. BID .................................................................................................................................................................... 3

2. BID ITEM LIST ...................................................................................................................... .......................... 5

3. LIST OF SUBCONTRACTORS ....................................................................................................................... 6

4. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ...................................................................... 6

5. PUBLIC CONTRACT CODE (Statements and Questionnaire) .......................................................................... 7

6. NONCOLLUSION AFFIDAVIT ....................................................................................................................... 9

7. DEBARMENT AND SUSPENSION CERTIFICATION ................................................................................. 10

8. BID PROPOSAL SIGNATURE AND NOTARY SEAL SHEET ... .. ..................... .. ........... .. .. ..... .. ... . 11

9. BIDDER'S BOND ............................................................................................................... .............................. 12

10. CONTRACT ............... ....................................................................................................................................... 13

11. PAYMENT BOND ........................................................................................................................................... 16

12. PERFORMANCE BOND .................................................................................................................................... 17 (Because some colored inks will not reproduce in copy
machines, please use black ink to complete this proposal.)

BID BOOK
Page2
ITEM 8

BID TO THE CITY OF CERES

ENGINEERING SERVICES DEPARTMENT
NAME OF BIDDER American Pavement Systems, Inc.

BUSINESS P.O. BOX - --------- ---- ---------- -
CITY, STATE, ZIP _ _____ ________ ______ ____ _
BUSINESS STREET ADDRESS ---"1...::_o-=--=12=-----=----=11:...:.:th=----=--cSt:..:.,_ . ...c::S...:..:te:..:... . .;::..,10;;..;0c.;;,0 ______ ____ _ (Please include even if P.O. Box used)
CITY, STATE, ZIP Modesto, CA 95354
TELEPHONE NO: AREA CODE ( 209) _ 5_2_2-_2_2_77 ______ ____ _ FAX NO: AREA CODE (209) 408-0427 ----- ---------- -
CONTRACTOR LICENSE NO. 943792
DEPARTMENT OF INDUSTRIAL RELATIONS NO. 1000000207 ------- ------- The work for which this proposal is submitted is for construction in conformance with the Contract Bid Documents (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans and Standard Specifications as specified within, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The contract bid documents and project plans for the work to be done are dated April 28, 2023 and are entitled:
2022 PAVEMENT RESURFACING PROJECT
(P22-003)
IN

CERES,CA

BID BOOK
Page3
ITEM 8
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the CITY OF CERES' Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total, the items total shall prevail.

The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the CITY OF CERES, and that discretion will be exercised in the manner deemed by the CITY OF CERES to best protect the public interest in the prompt and economical completion of the work.

The decision of the CITY OF CERES respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

The undersigned, as bidder, declares that the only persons or patties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the CITY OF CERES, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the following prices, to wit:

BID BOOK
Page4
ITEM 8
NO.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16

BID ITEM LIST
2022 PAVEMENT RESURFACING PROJECT
(P22-003)

ITEM UNIT OF

MEASURE
Mobilization (5%) LS
Water Pollution Control LS
Public Convenience and Safety LS
Tree Pruning and Balancing (40 tree min.) LS
Crack Treatment (Less Than 1-1/2") LS
Cape Seal SF
Type II Slurry Seal SF
Type II Slurrv Seal at WWTP SF
Remove and Apply Thermoplastic Traffic
Stripes, Pavement Markings, and Markers LS
Remove and Replace Street Name and
Traffic Signs EA
Furnish and Install New Driver Speed
Feedback Signs EA
Furnish and Install Solar Sign Replacement
Batteries (ten 1 00Ah & twenty 22Ah) LS
Full Depth Crack Treatment (4" Thick) SF
Full Depth Asphalt Treatment at WWTP
( 4" Thick) SF
Adjust to Grade: Water Valve EA
Adjust to Grade: Sewer Manhole EA
TOTAL BID:

BID BOOK
Page5

ESTIMATED UNIT PRICE

QUANTITY (IN FIGURES)
1 35,000.00
1 5,000.00
1 l ~ e, I !:.:JO,-
1 25,000.00
1 50,000.00
466,500 0.90
368,000 0.28
412 ,000 0.28
1 50,000.00
27 600.00
3 \ s I ,;)OO :-
-1 lb, oOO,
31,100 4.42
30,000 4.16
4 1,500.00
4 ? non nn

ITEM TOTAL
(IN FIGURES)
35,000.00
5,000.00
-IS° e,1 ,S"O-=> .
25,000.00
50,000.00
419,850 .00
103 040.00
115 360.00
50,000 .00
•~ioe,:-99.9&
45",~ -
JI,,, o~.:>7'
137,462.00
124,800.00
6,000.00
a nno.oo
ITEM 8
The Bidder shall list the name, address, license number, DIR number, and a description of work of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-l.33C , "Subcontractor List," of the State Standard Specifications.

LIST OF SUBCONTRACTORS
SUBCONTRACTOR SUBCONTRACTOR Department of Industrial DESCRIPTION OF WORK (Name & Address) License Number Relations (DIR) Number AND AMOUNT Graham Contractors
PO Box26770 315789 1000898576 Crack Sealing San Jose, CA 95159 United Pavement Maintenance Full Deplh Crack Trea tment, PO Box 1017 905503 1000878534 Full Depth AC Treatment, Hughson, CA 95326 Utility Adjustments Chrisp Comp any
1001 Stokes Ave
Stockton, CA 95215 374600 10000003 06
R&R Striping & Markers,
Signs
ll,)11. .. .s IS" lc.c:v,, .,\ '•""1'1"-c
1uoo 00..,I -a"'( "l"lrt. .)1(.1 t<l j), 115"'< "Z, 1 :J'...sl.l! l'lr,v .... f,,ui~,k- s,.J,_,. I ~ft "'l,I)
,.. .. ,i S'ol,r
(THE BIDD ER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITU TE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART

OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidderAmerican Pavement Systems, Inc.
as listed above , hereby certifies that he has L,
proposed subcontractor
has not ___, participated in
a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders I 0925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(6) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1. 7( b) ( l) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such

BID BOOK

Page 6 ends

ITEM 8
other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285. l (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder _ has, b_ has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285 .1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is pait of the Proposal . Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No~

BID BOOK

Page 7 ends

ITEM 8
If the answer is yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BID BOOK
Page8
ITEM 8
Non collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF CERES

ENGINEERING SERVICES DEPARTMENT
In confonnance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, paiinership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BID BOOK

Page 9 ends

ITEM 8

DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered against it by a comt of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute sigrn1ture of this Certification.

BID BOOK

Page 10 ends

ITEM 8
Accompanying this proposal is Bidder's Bond
(NOTICE: INSERT THE WORDS "CASH($ __ ~ ," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "/JllJDER'S BOND," AS THE CASE MAY BE.) in amount equal to at least ten percent of the total of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE
If bidder or other interested person is a cmporation , slate legal name of corporation, also names of the presid ent, secreta,y, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in fall.

American Pavement Systems, Inc.

Gregory B. Reed - President, Marc Bertsch - Executive Vice President David Pimley - Vice President Chip Seal, Secretary, Treasurer Licensed in conformance with an act providing for the registration of Contractors, License No. 943792 - ------- ---- Classification(s) - ~A~---------- ADDENDA
addenda
This Proposal is submitted with respect to the changes to the contract included in number /s
(Fill in addenda numbers if addenda have been received and insert, in this Proposal , any Engineer's Estimate sheets that were received as part of the addenda .) By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10 I 62, 10232 and 10285. I are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this proposal I further certify, under penalty of pe1jury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Patt 29 Debarment and Suspension Certification are true and correct.

Date: _£=--/f--'1_s_l_z.,_o_Z,.,.__} _____ _
~
Sign
~
Here
Signature and Title of Bidder
Business Address 1012 I Ith St., Ste. 1000 Modesto, CA 95354 Place of Business Modesto, CA --------- --------------
Place of Residence ~k'.l~ k'::n~~+~t! .... c-"'l~---C__._li~---------- BID BOOI{

Page 11 ends

ITEM 8

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

BIDDER'S BOND
w American Pavement Systems, Inc. e, - ---------- ------ - ----- - ----- ------ -- __________ _________ _ ____ ___ ____ __ as Principal, and Travelers Casualty and Surety Company of America
as Surety are bound unto the City/tg0Ufily of Ceres State of California, hereafter referred to as "Obligee", in the penal sum of ten percent ( 10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH.THAT:

WHEREAS, the Principal is submitted to the Obligee, for 2022 Pavement Resurfacing 'Project (P22-003)
(Copy here the exact description of work. including location as it appears on the proposal) for which bids are to be opened at Ceres, CA on __ M_ay"---3_0_, _2_02_3 ______ _ _ (Insert place where bids will be opened) (Insert date of bid opening) NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescnbed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

In the event suit is brought upon this bond by the Obligee and judgement is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

Dated: _ ________ M_a_y _3 __ , 20 23 .

American Pavement Systems, Inc.

I Principal
Travelers Ca ualty and Surety Company of America
NOTE: Signatures of those e,;ecutlng for the Principal and Surety must be properly acknowledged.

CERTIFICATE OF ACKNOWLEDGEMENT
State of California SEE ATTACHED NOTARY
City/County of ______ ________ _ SS
in the year 20 _ before me
Altomey-in-fact
~.,...,J.i) ofsatisfactory evidence) to be the person whose name is subscribed to this instrument as the attomey-in-fac _________ .., and acknowledged to me that he (she) subscnbed the name of the said company th o as surety , and his (her) own name as attorney-in-fact. (SEAL)

BID BOOK

Page 12 ends

Notary Public
ITEM 8

CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer compl etin g th is certificate verifies only the identity of the ind1v1dual who signed the document to which this certificate is attached, and not the truthfulness , accuracy, or validity of that document.

State of California
County of ~I flµ>
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ~ ~ -
Optional Information
TIFFANIE LEE • • '
COMM. #2306164 z
Notary Public • California ~
Stanislaus County ...
'-r."11!~o.'V M Comm. Ex Ires Se . 20, 2023
(Seal)
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.

Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of -------------------
containing pages, and dated --- ------- ------
The signer(s) capacity or authority is/are as:

D lndividual(s)
D Attorney-in-Fact
D Corporate Officer(s) --------------------
D Guardian/Conservator
D Partner - Limited/General
D Trustee(s)
D Other:

Title(s)
------------------------
representing : -----..,...,...--=-=--..,...,...------=--,,.......,--c------=--------- Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
0 form(s) of identification O credible witne ss(es)
Notarial event is detailed in notary journal on:

Page# Entry#
Notary contact: _________ _ _
Other
D Additional Signer(s) D Signer(s) Thumbprint(s)
□ ---------------
© Copyright 2007-20 I 8 Notary Rotary, PO Box 41400, Des Moin es, IA 50311-0507 All Rights Reserved Item Number 101772. Please contact your Authori zed Reseller to purchase copies of this form ~ ITEM 8
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
800lJ )i.(la.J Bl8llle8 a a a a a a a a a a !l'O o,,-88 [)(lO!l o a a a Sil a a iliB fXl1l a 1J1J a a [)(baa a IMlOJl1 -w a a a a a !1.00000 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Contra Costa }
On ___ M_A_Y_-_ 3_2_0_2_3 _ ___ before me, __ S_h_a_w_n_d_ra_e_N_._J_oh_n_s_to_n_, _N_ot_a_ry_P_u_b_lic _____ _ Date Here Insert Name and Title of the Officer
personally appeared _ __ K_a_th_le_e_n_E_ar_le _ ___________ _________ ___ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ········1 SHAWNORAE N. JOHNSTON
Notary Publlc - California :

San F ranclsco County il:

Commission ~ 2371205 -
y Comm. Expires Aug 17, 2025
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature ~ 'h -~ ~$i--
Signoture of Notary ~ublic

OPTIONAL
Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: __________ ___ _______ _ ______ _ Document Date: ____ _ _______ ______ ___ Number of Pages : ___ _ Signer(s) Other Than Named Above: ______ ________ _______ ___ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
□ Corporate Officer - Title(s): _ ____ _ _ □ Corporate Officer - Title(s): _____ _ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual IX Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other:

Signer is Representing : _ ____ ____ _ Signer is Representing : ________ _ _ 800fi.OO@ B D [)006U8000{) 813 B D !)@lfflOOIJ B --!l'O ~ ~ D D 8~ □ B □ ©2019 National Notary Association
ITEM 8
..... TRAVELERSJ
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Kathleen Earle of SAN RAMON , California , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021.

State of Connecticut
City of Hartford SS ,
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

My Commission expires the 30th day of June, 2026
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory In the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and ii is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.

I, Kevin E. Hughes , the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.

Dated this 3rd day of May , 2023
t Kevin E. Hughes,AssltantSee retary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.

Please refer to the above-named Attorney{s}-in-Fact and the details of the bond to which this Power of Attorney is attached.

ITEM 8

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT
THIS AGREEMENT, made and concluded, in duplicate, ____ ______ _________ _ between the City of Ceres thereof, party of the first part, and Contractor, party of the second part.

ARTICLE 1.--WITNESSETH, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the 2 bonds, bearing even date with these presents, and hereunto annexed, the said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the specifications to be furnished by said party of the first part, necessary to construct and complete in a good, workmanlike and substantial manner and to the satisfaction of the City of Ceres, the work described in the special provisions and the project plans described below, including any addenda thereto, and also in conformance with the California Department of Transportation 2015 Standard Plans and Standard Specifications, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, which said special provisions, project plans, Standard Plans, Standard Specifications, and Labor Surcharge and Equipment Rental Rates are hereby specially referred to and by such reference made a part hereof.

The special provisions for the work to be done are dated April 28, 2023 and are entitled:

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

NOTICE TO BIDDERS AND SPECIAL PROVISIONS FOR
2022 PAVEMENT RESURFACING PROJECT
(P22-003)
IN

CERES,CA
The project plans for the work to be done are dated April 28, 2023 are entitled:

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

PROJECT PLANS FOR
2022 PAVEMENT RESURFACING PROJECT
(P22-003)
IN

CERES,CA

BID BOOK

Page 13 ends

ITEM 8
ARTICLE 11.--The said party of the first part hereby promises and agrees with the said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices hereinafter set forth, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE III.--The State general prevailing wage rates determined by the Director oflndustrial Relations are hereby made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE IV.--By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in conf01mance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE V.--And the said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement; also for all loss or damage, arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY OF CERES, ENGINEERING SERVICES DEPARTMENT, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Engineer under them, to wit:

BID LIST
See Page 5 of Bid Item List

BID BOOK

Page 14 ends

ITEM 8
IN WITNESS WHEREOF, The parties to these presents have here-unto set their hands the year and date first above written

CITY OF CERES
By---- -------- - ----Richard Collins, Acting City Manager

CONTRACTOR
By-- ----------- ----
Licensed in accordance with
an act providing for the
registration of contractors:

License No. --=9'--4=3--'-7"---'92=------ ----------
Federal Employer Identification No.: 30-0602049
Approved and certified as being in conformance with the requirements of the State Contract Act.

By ------ ---------- -Nubia Goldstein, Attorney, City of Ceres Approved Effective ___________ _
Attest By _ __________ __ _
Fallon Martin, City Clerk
Dated -------- ----- - -

BID BOOK

Page 15 ends

ITEM 8

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

PAYMENT BOND
(Section 3247, Civil Code)
WHEREAS, The City of Ceres, acting by and through the Engineering Services Department, hereafter referred to as "Obligee", has awarded to Contractor _____ _________ _ ___ , hereafter designated as the "Principal", a contract for the work described as follows:

AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.

NOW, THEREFORE, we the undersigned Principal and Surety are bound unto the Obligee in the sum of ________ ____ ___________ _______ dollars($ _______ _,
for which payment, we bind ourselves, jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board for the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that the surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney's fee to fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Dated: 20 ------- ---------- -
Correspondence or claims relating to this bond
should be sent to the surety at the following
address:

Principal
Surety
By: Attorney-in-Fact
ignatures of those executing for the Pl"incipal and urety mu t be properly acknowledged.

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City I County of ___________ ______ SS
(SEAL)
On this ___ day of _________ in the year 20 _ before me _______ _______ _, personally appeared ____ _________ ________ ~ personally known to me (or proved to me Attorney-in-fact
on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of _____ _________ _________ ___ and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact . (SEAL)

BID BOOK

Page 16 ends

Notary Public
ITEM 8
Bond No. ________ _

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

PERFORMANCE BOND
(To Accompany Contract)
WHEREAS, the City of Ceres, acting by and through the Engineering Services Department, has awarded to Contractor ____ ______________ _________ _, hereafter designated as the "Contractor", a contract for the work described as follows:

AND WHEREAS, the Contractor is required to furnish a bond in connection with said contract, guaranteeing the faithful performance thereof:

NOW, THEREFORE, we the undersigned Contractor and Surety are held firmly bound to the City of Ceres in the sum of $ ________ ____ _________ dollars($ ________ , to be paid to said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, famly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That if the above bound Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the City of Ceres, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, We have hereunto set our hands and seals on this ___ day of ______ -' 20 .

Correspondence or claims relating to this bond
should be sent to the surety at the following
address:

Principal
Name of Surety (SEAL)
By: Attorney-in-Fact
ignature of tho e executing for the Principal and u1·ety mu t be properly acknowledged.

CERTIFICATE OF ACKNOWLEDGEMENT
State of California, City/ County of ________ _______ ___ SS On this ___ day of ______ _ __ in the year 20 _ before me ______________ __, a notary public in and for the City I County of personally appeared _______________ ______ _, known to me to be the person whose name is subscribed to this
Attorney-in-fact
instrument and known to me to be the attorney-in-fact of _ ____________ _________ and acknowledged to me that he/she subscribed the name of the said company thereto as surety, and his/her own name as attorney-in-fact.
(SEAL) Notary Public

BID BOOK

Page 17 ends

ITEM 8
18 ITEM 8
Preilimary
Proposed
Schedule
lob
Name
City
of
Ceres
---
July
10th
August
~UUUU15~U~19Wllll23M~U
27 28
29 30
31 1
2 3 4
5 M
T
WT
F
s
s
M
T W
T
F
s
S
H
T
W
T
F
s
S
H
T
W T
F
s
Notice
to
Proceed
•
Tree
Prunioo
stnoina
Removal
Full
Deoth
Crack
Treatment
Full
~
Asohalt
Treatment
Crackseal AR
Chip
Seal-
APS
Slurrv
Seal-
APS
u,vout
and
Install
Strioinq
Final
aeanuo
Final
Workinq
Dav
6 7
S
H
~'°~ENt
/ft
\
\~
-•~
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
T W T
F
s
S
H
T W
T
F
s
5 H
T
W
T
F
5 S
H
T W T
September 1
2 3
4 5
6 7
8 9
10 F
s
S
H
T
W T
F
s
s
-
ITEM 8
I\
J·
\ FFIC CONTROL PLAN
City of Ceres
2022 Pavement Resurfacing Project P22-003

PROJECT LOCATION MAP
j -------rr :.!9-.-- ~
I SIT
I r ~
I i --BIT
--J
--

LOCATION MAP
APS PROJECT MANAGER: (TBD
DIRECT CONTACT PHONE#: (TBD)
Note: As it is impossible to fit every view of the
area on each individual TC Plan Page, Standard
notes have been applied and are detailed on

Page 2 ends

apply and will be performed as noted.

American Pavement Systems, Inc.
1012 11th Street, Suite 1000
Modesto, CA 95354
Phone: (209) 522-2277
Fax: (209) 408-0427
Website: www.americanpavementsystems.com
ITEM 8
General Notes:

Length of Ta12er "L" in Feet Length of Longitudinal Buffer Space Speed in Width of Offset Speed in Length of
Miles
Per Hour 11 Feet 12 Feet Miles Buffer Space
Per Hour in Feet
20 73 80 20 115
25 115 125 25 155
30 165 180 30 200
35 225 245 35 250
40 293 320 40 305
45 495 540 45 360
50 550 600 50 425
55 605 660 55 495
60 660 720 60 570
65 715 780 65 645
70 770 840 70 730
General Notes
1) Nothing allowed in the buffer and transition areas at all times. 2) Signs are only showing to the public when in use.
3) Signs and channelizing devices must be retroreflective or illu minated during night time operations.
4) Signs are spaced per the 2014 MUTCD California Supplement. 5) Channelizing device spacing and taper lengths are based on their respective charts. (See charts this page)
6) The location of the signs as shown on the illustrations are guidelines and actual locations will depend upon alignment, grade, location of street intersections and 85th percentile Posted Speed Limits.
7) While crossing intersections work will try to follow flow of traffic and wet seal will be sanded if absolutely necessary to allow traffic to resume.

Advance Warning Sign Spacing MUTCD 2012 California Supplement Road Type
Urban (Low Speed)
(25 MPH or Less)
Urban (High Speed)
(25 to 40 MPH)
Urban (High Speed)
(More than 40 MPH)
Rural
Expwy/Fwy
Distance Between Signs in Feet Speed in Maximum Channelizer Spazing A B
100 100
250 250
350 350
500 500
1,000 1,500
Miles Taper* Tangent Conflict**
C Per Hour (ft) (ft)
100 20 20 40
25 25 50
250 30 30 60
35 35 70
350 40 40 80
45 45 90
500 50 50 100
55 55 110
60 60 120
2,640 65 65 130
70 70 140
• Maximim channelizer spacing for all speeds on one-lane/two way tapers is 20 ft.

Maximum channerlize spacing for all speeds on down stream taper is 20 ft.

All other tapers as shown.
• • Use on intermediate and short-term projects for taper and tangent sections where there are no pavement markings or where there is conflict between existing pavement markings and channelizers.
(ft)
10 12
15 17
20 22
25 27
30 32
35 Specialty Notes: (Slurry & Micro Projects on Arterial Roads) + At larger (4 Way) Intersections traffic will be held shortly to allow for 2 Options - Sanding of the area needed for immediate traffic access only. - A change in the set up time of the mix will be made to have the mix set up immediately while proceeding through the intersection and then the mix will be reset to normal. + Side street traffic will be temporarily held by flaggers. The mix will be temporarily accelerated to set up for traffic while proceeding with work past the street and then reset. ⇒ It is requested that all intersections with Traffic Lights be set to 4 Way Flash before the start of the work period.

American Pavement Systems, Inc.
1012 11th Street, Suite 1000
Modesto, CA 95354
Phone: (209) 522-2277
Fax: (209) 408-0427
Website: www.americanpavementsystems.com
ITEM 8
SPEED "'S-
IIPH
,. .,. .. .. ., ,. .. .. .. ..

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otAffNELIZER atANNEUlER
""'"""
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~lli(l" SHIFTING SHOULDER SPACE TAPER TANGENT
,,.,., 1:Art!_llilwt I.NY-It V.H.
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1ZJ
" "' ., 1D
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.. 330 220 ... .. 11D
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7111 ,., "" '" ., , .. ... ""
21B) 7311 .. , ..
tDIII .,,. "' '"" .. " 11
" .. ..
" • " .,. "
As Taper Lengths and
Sign Spacing will not fit
on plan please see
chart and appropriate
spacings based on
Posted Road Speed.

C>OO
ROAD
CLOSED
AHEAD
Typical Residential
Street Closures
Sheet No. 3
.. ...
.. ...

Not To Scale!
ROAD
CLOSED
ROAD
CLOSED
AHEAD
American Pavement Systems, Inc.
1012 11th Street, Suite 1000
Modesto, CA 95354
Phone: (209) 522-2277
Fax: (209) 408-0427
Website: www.americanpavementsystems.com
~q
s -er. UJ
.... ....
~e,MEN~
,.
~
U1 ..

ITEM 8
■
■

I- I- I-
L__ C - -t- B - -----·t--- A -------a, __ l _ Buffer Space __J r [ (Optional) l ~~~
MOI lil lllmlfta Nnt:O RaUTn,.-:iYI.JII A .;; . U lft.llCICAlr 11ur.-.t• 111 DIMENSION m•NSION DIENSION DlftNSION DIMENSION ..,, ... ..,, ... As Taper Lengths and A . C . E OtAlfNELIZER otANNELIZER SPEED-S• SIGN llllllillW MUIM!al 1!111111111.1'11 BUFFER SPAONG SPAONG Sign Spacing will not fit NPH SPAOHG MERGING SHIFTING SHOULDER SPACE TAPER TANGENT '"""''
IAfl!ll tnl tNUt~
" "' "' " " "' .. " on plan please see • .. too ., ., 200 • .,
" "" "' "' " "' ,. 10
chart and appropriate .. .. "" "' "" ,., .. OJ
" .. "' '" "' "' " .. spacings based on ,. "' .., .. 200 "' ,. 111]
" '" .. "'
22ll
'"
;, 110
Posted Road Speed. .. "'
720
""
240
"' .. 1211
"' "' "" ,., ,.. '" ., ,.,
" "" .. ... ,,. .,,. ,. , ..
t OCAL,/;£Ml."'I' 1000 1om
"" "'
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NIA 12
" IJC.Nui.a. ,:

I. Buffer Space _ _._J.~-- A ___ J._ B _ _ 1, _ c J
r- (Optional) 1 1 1 -----i
• • -I -I -I
T
I r- . - ,i ~ ~
~e,MEN-,.. .S
q~ ~ American Pavement Systems, Inc.

Typical Flagging 1012 11th Street, Suite 1000 ~ ,.

Modesto, CA 95354
~ ~ Situation
Phone: (209) 522-2277 lll ...

Fax: (209) 408-0427
Website: www.americanpavementsystems.com
Sheet No. 4 Not To Scale!
ITEM 8
......... Ntf.CI OWll!tRI.Otft IO IUlASUf'Ptt•IT
rn•NSION DIIENSll>N DtlllENSION 0111:NSl0N D111:NSI0N ..,..,. . • C • • OIANNELllER Sf'fED -,;- SIGN .,.. .. 1111111111 lllltlllllll BUffER SPAOPIG IIPH SPMlNG JIERGING SHFTING SHOULDER SPAa TAPER
lAJl!Jl,l fAl'tlllffl. f,Uffll"IL
" "'
125
" " '" " " ... "" ., .. "' ., ,, "' "'
m
" ,., ., .. .., "" ... '" .., ..
" "' ,.. Z1D
"' ... ., ,. .,, .. .. ... "' " .. ,,, .. ... ,,. "' .. .. ,,. "" ... , .. ,,. .. " '" .. "' ... '" .. ,. "" ... ... '"' "' ..

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~Rtf..,.,.S , ... ""' .., "" """ .. ... " .. -~
81CYQ.IS6: 11
" " .,. 12
•
....,,. ..

CHANNELllER
SPAClHG

TANGENT
., .. ,. .. ., , ..
110
'"' ,., . ..
•
..
~
T
A
l
t
T
nmmnm □n □□ armnnm~ •
t
As Taper Lengths and
Sign Spacing will not fit
plan please on see Typical Closures on chart and appropriate Multi Lane Roadways spacings based on Posted Road Speed .
-=>OO Sheet No. 5
L Buffer Space I ____ L __ _
r- (Optional) ---r --A l B I· C --1
-I -I -I
~
.. ... . . : ;
---
••• •• •••
~
• • •••
l
A
... 1
~
~E.MEIVt.s
q~ ~ American Pavement Systems, Inc.
1012 11th Street, Suite 1000
s- \
Modesto, CA 95354
U1 Phone: (209) 522-2277 ,.

Fax: (209) 408-0427
Website: www.americanpavementsystems.com
Not To Scale!
ITEM 8
'
■ ~ ~
~ Buffer Space
(Optional) L A l B--1
-I -I -I
.,._
~ • •
J I
'
I rt• -, h , r'l I ~ I I
.,._ .,._
ii 1 • • • • • • • .. ' '
l
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i

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A L Buffer Space --1
(Optional)
~ ~ ~ ■
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UD
•••• llf'<DIIINrlOOWdRlrtrA Sl'AOfCi :NU ..,,en l (lifl-.&Sl!W ( ■UI ~e_tJ\EN-rS _.., .. --
u.-11go11 0-N!il OII
--
IIAXJllltiii
"""""' As Taper Lengths and • •
C t CKAMEUZEA CNANNfllZER
SPEEo~- i1G11
--
IIINIIIU• ■ lltNta BUFFER SPAOHG Sf'AONG
Sign Spacing will not fit ~~ ~ .,. SPAONG 11.ERGIHG SHA-. SHOUl~R SPACE TAA'R TANGENT American Pavement Systems, Inc. lAPERL TAPER VIL JAftRt,')L plan please " "' ,,. "
a
"' " " on see Typical Closures on 1012 11th Street, Suite 1000 ~ ~ " "" ,., ., " "" " " ., ,,. "' m 12 ,.. :n
" chart and appropriate Modesto, CA 95354
~ '£ .. .,, ,,. .. ,., JDS .. .. Multi Lane Roadways " "' ... 21D ,., "' Ii ., spacings based on ,. "' ... .., .. "' " ,.,
- U1 " "' "" "' "' '" ... "' Posted Road Speed. Phone: (209) 522-2277 • "' "" .., "' ,,,, .. 120 ffi • .. '" "" ,., "' ... " .. , Fax: (209) 408-0427
II ,., ... u,
"" ,.,
" "" LOCAL AGENCY ,.,. ,.., ... Jlll ,.., .. " -.>00
Website: www.americanpavementsystems.com
~6.

FRfEWll'W'S
...... - ,. Ji ,, -~ Sheet No. 6 Not To Scale! 1110'~
" ., " .,. u
"
ITEM 8
-I
....
• ... ' ... ' ' "' .. I ' ·~• ,.
....
___ ,.

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>I
"' "' "
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.....,.,... ... ,. ,. ""' • USEA0At111W(f
"
0ICYCU5lS , .. ' • " .,. 12
'
........

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.. .. ,. ., ..
1111
110
,., ,., , ..
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.
■
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...._______._ ( Optional) - - --- L ---- L _ _____.._ _ _ A -----l - B _____,_, - C ~ -I -I -I
....I O ~'
~ • ~ o o o e o o &
I •, .- V , •-U 1 1-
-.,
As Taper Lengths and
Sign Spacing will not fit
on plan please see
chart and appropriate
spacings based on
Posted Road Speed.
.:>Oo
.. (l) @<II~ .
0 0
0 •t1~~•ci€>t11° American Pavement Systems,
Inc .
1012 11th Street, Suite 1000
Modesto, CA 95354
Phone: (209) 522-2277
Fax: (209) 408-0427
Website:
www.americanpavementsy sti"
s.com ..

Typical Closures on
Multi Lane Roadways
Sheet No. 7 Not To Scale!
....
....
~E.MEN,-.S
q~ ~ American Pavement Systems, Inc.
1012 11th Street, Suite 1000 ~ ~ Modesto, CA 95354
s ~
- UI Phone: (209) 522-2277 er. .. Fax: (209) 408-0427
\ Website: www.americanpavementsystems.com
~
ITEM 8
. .
• 11-•'. CCIIN!llPICl{JWIJINl1TftNmVC.IISNcuc; . Jt0 • u1cot..A1,0AMA5llfll1tmNI r: -- _ ..... ........ OIN:NSION .. ...... -- ..,, ... As Taper Lengths and American Pavement Systems, Inc.

A • C . '
OIANtlEUlfll OWrJU:UlfR
' 1012 11th Street, Suite 1000 Sf'HD"'S• , ... ... ,.., ..... ....... 81JfFfR Sl'AQlll6 "'ACIIIO Sign Spacing will not fit .,,, SPACKG lltll;IOG SHFTIHC 5HOULIJER 5'>ACE ...... TAHGEJIT Modesto, CA 95354 YIM.Al i,VU:Vli. tN'IM l !'ll- plan please .. '" "' "
a , .. ,, ,. on see Street Name Here American Pavement Systems, Inc . >Ii "' ... ., ., ,.. " .. J ,. ... ... m IZ ,., »
" chart and appropriate ( ) 1012 11th Street, Suite 1000 .. ,., "" "" 1U7 ... .. ., Lane Closure Type Here Modesto, CA 95354 ., ... ... "' 1IO ... 0 .. spacings based on .. .,, .., .. "" .,, ,. 1111 ., ... ... DI ,,. . .. " "' Posted Road Speed . t ) • ,,. ,,. ,., "' "' • ,., " .. , "' "" "' ... .. ,., 4 Phone: (209) 522-2277
" "" ... "' ... "' .. , ..

LOCAL.A(llllcY
"" "" ,.. "" .... .. " -=>OO
Fax: (209) 408-0427

JAIIMYS
Website: www.americanpavementsystems.com Plll<ffllAit'I ... .. ill • .,. ' • Sheet No. 8 Not To Scalel 81CYC1JSB USEAOAIMW ,. • " .,. 1l ~SflAl'Jl!G "

ATTACHMENT E
ITEM 8
I'
I'
,,
NO.
,,. I
SITE NO. 6
ROAD
..

I
<C WAY
SITE NO. 2
" "'
EVA.NS RD
~ ; i .
5 "' ...
i ~ !
2i ~ :Ji
WlllMORE A'tENUE
SITE NO. 5
HA.a<ETT ROAD CIT
~- ~ SITE NO. 3
~
i
ROAD
ti ..

HATCH ROAD
SITE NO. 1
Ha.EN PERRY RD I
WHllMORE A.YE.

DON PEDRO ROAD
SER\IICE ROAD SER\1CE ROAD ~
SITE NO. 7. ~ SITE NO. 4 ::::::::::::::::::::::::::::::::::::::::::=h:::::: IRRIGATION LAlERM. ~ ;o; REDWOClD ROAD 5il ~~1~--'----,-;
15 ~
~ I
CRA'l'SDN ROAD

LOCATION MAP
SCALE: NONE

GENERAL NOTES

1. ALL WORK AND MATERIALS SHALL CONFORM TO APPLICABLE CllY OF CERES STANDARD DESIGNS AND CALTRANS STANDARD SPECIFICATIONS.

2. CONTRACTOR SHALL PREPARE THE EXISTING PAVED SURFACES FOR THE CHIP AND SLURRY SEAL WORK.

SUCH PREPARATION SHALL INCLUDE THOROUGHLY CLEANING THE AREA BY STREET SWEEPING, OR OTHER

APPROVED MEANS NECESSARY TO REMOVE ALL LOOSE PARTICLES OF LOOSE PAVEMENT, OIL SPOTS, VEGETATION, DIRT DEBRIS, LITTER, LEAVES AND ANY OTHER EXTRANEOUS MATERIAL. ALL EXISTING CRACKS 1/4" TO 1-1/2" WIDE SHALL BE TORCHED TO REMOVE ALL ORGANIC MATERIAL AND THEN CLEANED, DRIED, AND FILLED WITH HOT-APPLIED CRACK TREATMENT. CRACKS LARGER THAN 1-1 /2" ARE TO BE SAW-CUT AND TREATED AS A FULL DEPTH HMA TREATMENT. EMULSIFIED CRACK TREATMENT SHALL ONLY APPLY TO AREAS WHERE SLURRY IS APPLIED. AREAS THAT RECEIVE CAPE SEAL WILL NOT RECEIVE SEALANT.

3. IMMEDIATELY BEFORE COMMENCING THE CHIP AND SLURRY SEAL OPERATIONS, ALL SURFACE METAL UTILITY

COVERS (INCLUDING SURVEY MONUMENTS) SHALL BE PROTECTED BY THOROUGHLY COVERING THE

4. 5.

6. 7.

DATE
SURFACE WITH AN APPROPRIATE ADHESIVE AND OILED OR PLASTIC PAPER. NO ADHESIVE MATERIAL SHALL

BE PERMITTED TO COVER, SEAL OR FILL THE JOINTS BETWEEN THE FRAME AND COVER OF THE STRUCTURE.

CONTRACTOR SHALL REMOVE ALL EXISTING PAVEMENT MARKINGS, MARKERS, AND TRAFFIC STRIPES, PRIOR TO SURFACE CLEANING AND MASKING OPERATIONS.

CONTRACTOR SHALL NOTIFY ALL RESIDENCE AFFECTED BY THESE IMPROVEMENTS WITH A NOTIFICATION LETTER 72 HOURS PRIOR TO THE START OF WORK, AND STREET SIGNS POSTED EVERY 100 FEET ALONG THE PROJECT LIMITS. SIGNS SHALL INDICATE NO PARKING DATES AND TIMES AND INCLUDE TOW AWAY DETAILS.

CONTRACTOR SHALL LOCATE AND PRESERVE ALL UTILITIES WHICH MAY BE IN THE AREA OF CONSTRUCTION. CONTRACTOR TO COORDINATE WITH RESPECTIVE UTILITY COMPANIES. ALL DAMAGES CAUSED

BY THE CONSTRUCTION SHALL BE REPAIRED AT THE CONTRACTORS EXPENSE AND TO THE SATISFACTION OF THE GOVERNING UTILITY COMPANY.

CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING PROPER TRAFFIC CONTROL DURING ALL PHASES OF CONSTRUCTION. SUITABLE ACCESS AT PROPERTIES, DRIVEWAYS, RESIDENCES, ETC., SHALL BE PROVIDED WHEN FEASIBLE.

BY REVISION MADE
Coll , TOLL FREE 1 ( 800 ) 642 • 2444
~
~
~

CITY OF CERES
(P22-003)
2022 PAVEMENT

RESURFACING PROJECT
OfESS/
~L.W
- -"' ... ... ..,
"" No. 38920 -
LEGEND

RIGHT-OF-WAY

EXISTING EDGE OF PAVEMENT

CHIP AND SLURRY SEAL

SLURRY SEAL

FULL DEPTH CRACK

TREATMENT

PARK LAND

APPROVALS

CITY OF CERES

ENGINEERING DEPARTMENT

ENGINEERING PROJECTS AND STANDARDS
2220 Magnolia Street , Ceres CA. 95307
KEVIN WAUGH-., R. C . E . 38920

CITY ENGINEER
Condition of Signature
(209) 538-5792
DATE
The authorized signature of the City Engineer shall not be interpreted as approval of additional improvements, change orders, or contract amendments.

SHEET
NUMBER
1 2-8
9 10-11

SHEET INDEX

DESCRIPTION

COVERSHEET

SITE PLANS
WWTP

DETAILS
DR. BV: MIN
DA.1E: -L 2023
CH. BV:

DA.1E:

SCALE: NS SHOWN
1 of 11 . ...._ ________________________________________________________________________________________________________________ __. 11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A SITE PLANS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
2 SITE AREA NO. 1
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

FULL DEPTH TREATMENT SLURRY SEAL

NTS NTS

STRIPING
NTS
ITEM 8
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GLEN FIELD LN
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RIGHT-OF-WAY
CHIP AND SWRRY S£Al.

SWRRY SEAL

GRIND AREA

PARK LAND

STRIPING LEGEND AND KEYNOTES
<CD TRAFFIC LINE DETAIL NUMBER
0 INSTALL TYPICAL 12" WIDE LIMIT
LINE AND WORD "STOP" PER DETAIL
4, SHEET NO. 10.
0 INSTALL BASIC CROSSWALK WITH 12"
WIDE LINES AND 1 O' CLEAR WALK
WIDTH. (WHITE)
0 INSTALL PIANO KEY CROSSWALK
(YELLOW) AND 1 O' CLEAR WALK
WIDTH. LINES SHALL BE 24" WIDE

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. (';;°'\ FURNISH AND INSTALL NEW STOP
V SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) "YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE
UNLESS NOlED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENTERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL
STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.
, vary. All proposals shall reference the quantity listed in the Bid Item List.

II-,.---T"---------... -----... -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-..... -;:============-=--=--=--=--=--=--=--,.-_-_-_ -_ -_ -_ -_ ------------=--=--=~-;.-=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--,..-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-..... -;:======================================--,. -_ -_ -_ -_ -_ -_ -_ -_ ----~========~-I I NO. DAlE I >---+----------_____,
BY REVISION MADE u s A
~
ll/1IE;.

City of Ceres

ALL REFERENCES IND IIRITIDI

DIMENSIONS SHALL TAKE
PREFEREHCE Ol£11 SCN.£D

DIMENSIONS NID SHALL BE
VERIFIED ON THE: Slit. N«

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK.

DR. BY: MIN
DATE: AP11L 202!
CH. BY:

DAlE:

SCALE: N1S
FIie No. P22-003
Sheet
of
11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A SITE PLANS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
3 SITE AREA NO. 2.a
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

CAPE SEAL
NTS

STRIPING
NTS
ITEM 8
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RIGHT-OF-WAY

CHIP AND SWRRY SEAL

SWRRY SEAL

GRIND AREA

PARK LAND

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. ® FURNISH AND INSTALL NEW STOP
SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) "YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE

UNLESS NOTED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENTERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.
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City of Ceres
DR. BY: MIN

ALL REFERENCES IND IIRITIDI
~
DIMENSIONS SHALL TAKE DATE: AP11L 202!
PREFEREHCE Ol£11 SCN.£D CH. BY:
, ,____,_____________,

DIMENSIONS NID SHALL BE
VERIFIED ON THE: Slit. N« DAlE:

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK. SCALE: N1S
of
11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A SITE PLANS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
4 SITE AREA NO. 2.b
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

SLURRY SEAL
NTS

STRIPING
NTS
ITEM 8
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RIGHT-OF-WAY

CHIP AND SWRRY SEAL

SWRRY SEAL

GRIND AREA

PARK LAND

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. (';;°'\ FURNISH AND INSTALL NEW STOP
V SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) "YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE

UNLESS NOTED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENTERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL
STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.
l1-,.-_-T" _________ T" ___ "T __ -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- __ -,..-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_- .... -::===============~-;..-=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=---,..-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-.... -:=====================================~-;..-=--=--=--=----_-_-__ -;:-=-=-======--I I NO. DATE I >---+--------+-------.I
BY REVISION MADE u s A
~
ll/1IE;.

City of Ceres

ALL REFERENCES IND IIRITIDI

DIMENSIONS SHALL TAKE
PREFEREHCE Ol£11 SCN.£D

DIMENSIONS NID SHALL BE
VERIFIED ON THE: Slit. N«

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK.

DR. BY: MIN
DATE: AP11L 202!
CH. BY:

DAlE:

SCALE: N1S
FIie No. P22-003
Sheet
of
11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A SITE PLANS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
5 SITE AREA NO. 3
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

FULL DEPTH TREATMENT SLURRY SEAL

NTS NTS

STRIPING
NTS
ITEM 8
I I
J

LEHI AVE
(

LEESEME LN
0 C
r r
z
G)
()
-I
()
I
)>
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G)
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0 z
:;E
~
(
t Note to Contractor
Full depth crack repairs are depicted for reference only and the actual quantity, length, direction, and size

LEHI AVE
0 C
r r
z
G)
()
-I
(

LEESEME LN

LEHI AVE
()
I
)>
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G)
~
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~

RIGHT-OF-WAY
CHIP AND SWRRY S£Al.

SWRRY SEAL

GRIND AREA

PARK LAND

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. (';;°'\ FURNISH AND INSTALL NEW STOP
V SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) "YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE

UNLESS NOTED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENTERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL
STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.
, vary. All proposals shall reference the quantity listed in the Bid Item List.

II-,.---T"---------... -----... -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-..... -;:============-=-=--=--=--=--=--=--,.-_-_-_ -_ -_ -_ -_ ------------=--=--=~-;.-=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--=--,..-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-..... -;:======================================--,. -_ -_ -_ -_ -_ -_ -_ -_ ----~========~-I I
NO. DATE BY REVISION MADE u s A ll/1IE;.

ALL REFERENCES IND IIRITIDI

DIMENSIONS SHALL TAKE
DR. BY: MIN
DATE: AP11L 202!
FIie No. P22-003
Sheet
lt..::::::::::::=========::..::========::::::::..:::::===::..::::::::========:::::::::::::::================::..:::================::::::::::..:::=====::...Jof City of Ceres
~
PREFEREHCE Ol£11 SCN.£D CH. BY:

DIMENSIONS NID SHALL BE DAlE: VERIFIED ON THE: Slit. N«

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK. SCALE: N1S
11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A SITE PLANS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
6 SITE AREA NO. 4
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

CAPE SEAL
NTS

STRIPING
NTS
ITEM 8
I I
J
t
I

NIMROOD DR

DON PEDRO RD

NIMROOD DR
z
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<(
a.. a..
1 · 0 DON PEDRO RD
"'=,::-___ --:, _ __, Ill I I I I'----------- ~ .------------------,,,-------- VERIFIED ON THE: Slit. N«
,____._________ _ _____, " ~ Slti\~=JGHT
PRIOR ro THE COIN£NC£M£Nr
Of N« llllRK.

INSTALL SPEED HUMP MARKER

DETAIL ON EXISTING SPEED

HUMPS, SIGNS INCLUDED

BAVIL DR
()
m z
-I
~ r
~ m

RIGHT-OF-WAY

CHIP AND SWRRY SEAL

SWRRY SEAL

GRIND AREA

I I PARK LAND

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. ® FURNISH AND INSTALL NEW STOP
SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) "YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE

UNLESS NOTED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENTERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL
STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.

DATE: AP11L 202!
CH. BY:

DAlE:

SCALE: N1S
of
11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A SITE PLANS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
7 SITE AREA NO. 5
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

CAPE SEAL
NTS

STRIPING
NTS
ITEM 8
I I
J
t
I

DONNA WAY

GLENDA RD
"Tl
;a
m
0 ►
!
()
m z
-I
~ r
~ m
()
m z
-I
~ r
~ m

RIGHT-OF-WAY

CHIP AND SWRRY SEAL

SWRRY SEAL

GRIND AREA

I I PARK LAND

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. (';;°'\ FURNISH AND INSTALL NEW STOP
V SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) "YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE

UNLESS NOTED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENTERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL
STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.
l1-,.-_-T"-_-_-_-_-... -----... -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__ -;:============-::.-::.-::.-=--=--=--=--,.-_-_-_ -_ -_ -_ --------------=--=--=~-;.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-=.-,..-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-..... -;:======================================--,. -_ -_ -_ -_ -_ -_ -_-_----~========~-I I NO. DATE I >---+--------+-____,
BY REVISION MADE u s A ll/1IE;. DR. BY: MIN FIie No. P22-003

ALL REFERENCES IND IIRITIDI
City of Ceres
DAlE:
---
Sheet
~

DIMENSIONS SHALL TAKE
PREFEREHCE Ol£11 SCN.£D CH. BY:

DIMENSIONS NID SHALL BE DAlE: VERIFIED ON THE: Slit. N«

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK. SCALE: N1S
of
11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A SITE PLANS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
8 SITE AREA NO. 6
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

CAPE SEAL
NTS

STRIPING
NTS
ITEM 8
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RIGHT-OF-WAY

CHIP AND SWRRY SEAL

SWRRY SEAL

GRIND AREA

PARK LAND

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. (';;'\ FURNISH AND INSTALL NEW STOP
V SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) "YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE
UNLESS NOlED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENlERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL
STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.
l1-,.-_-T"-_-_-_-_-... -----... -_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__ -;:============-::.-::.-::.-=--=--=--=--,.-_-_-_ -_ -_ -_ --------------=--=--=~-;.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-::.-=.-,..-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-..... -;:======================================--,. -_ -_ -_ -_ -_ -_ -_ -_ ----~========~--! I NO. DAlE I >----+--------------<
BY REVISION MADE u s
~
A ll/1IE;.

ALL REFERENCES IND IIRITIDI

DIMENSIONS SHALL TAKE
PREFEREHCE Ol£11 SCN.£D

DIMENSIONS NID SHALL BE
VERIFIED ON THE: Slit. N«

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK.

City of Ceres
DR, BY: MIN
DATE: AP11L 202!
CH. BY:

DAlE:

SCALE: N1S
FIie No. P22-003
Sheet
of
11Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A WWTP & DETAILS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
9 SITE AREA NO. 7
2022 PAVEMENT

RESURFACING PROJECT
P22-003
LEGEND

WWTP PAVEMENT TREATMENT
NTS
ITEM 8
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DETAIL A
PL
30 GL
-----r-----.,
1,,--
L])__ 1\
1 I L __ .J
EXIST. CURB & GUTTER

AND SIDEWALK TO REMAIN
2-FOOT MIN.
j t11/2• (MIN)
(g (g
::I! ::I!
::J ::J
....

DETAIL B

FULL DEPTH CRACK TREATMENT
Note to Contractor
2' MIN ±15'

TYPE II
SLURRY
4-INCH THICK MINIMUM,

MATCH EXISTING LIP
CL
WWfP site includes approximately 412,000 SF of Slurry Seal and 30,000 SF of full-depth asphalt replacement
±15'

RIGHT-OF-WAY
BB8®ml CHIP AND SWRRY SEAL
w&@ SWRRY SEAL
~

GRIND AREA

PARK LAND

AND SPACED TO MATCH EXISTING
(TYP. 4'-0").
0 INSTALL STANDARD (WHITE) "STOP
AHEAD" AS PER DETAIL, SHEET NO.

11. (';;'\ FURNISH AND INSTALL NEW STOP
V SIGN AND NEW POLE. NEW

INSTALLATIONS SHALL MEET CITY

STANDARD DETAILS AND THE LATEST

EDITION OF THE CA MUTCD
HANDBOOK.
0 REPLACE STREET SIGN(S) AS PER
CITY DIRECTION, SEE SHEET NO. 10.

STREET SIGN(S) SHALL MEET CITY
STANDARD DETAILS.
0 INSTALL BIKE LANES SYMBOLS AND

STRIPING, SEE BIKE LANES
MARKINGS DETAIL 2.
(v INSTALL STANDARD (WHITE) -YIELD
AHEAD" AS PER DETAIL, SHEET NO.

11. 0 ADJUST UTILITY LID TO GRADE
UNLESS NOlED OTHERWISE, ALL CENTERLINE
STRIPING HALL BE CENlERED ON ROADWAY.

CONTRACTOR SHALL REMOVE AND REPLACE ALL
STRIPES AND MARKERS, SHOWN OR NOT SHOWN.

INSTALL FIRE HYDRANT MARKERS AT ALL FIRE

HYDRANTS (SHOWN OR NOT SHOWN) WITHIN
PROJECT LIMITS PER DETAIL 1, SHEET NO. 10.

II------... ---------... -_-_-"T-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-___ -:::====================------_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-...:;:-,.-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-___ -;:===================================::;:-,..-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-__ -~=========--,..-_-_-_-_-_-_ -_ -_ ----I I NO. DAlE
I >----+--------+------'
BY REVISION MADE u s
~
A ll/1IE;.

ALL REFERENCES IND IIRITIDI

DIMENSIONS SHALL TAKE
PREFEREHCE Ol£11 SCN.£D

DIMENSIONS NID SHALL BE
VERIFIED ON THE: Slit. N«

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK.

City of Ceres
DR, BY: MIN
DATE: AP11L 202!
CH. BY:

DAlE:

SCALE: N1S
FIie No. P22-003
Sheet
of
DETAIL 2
BIKE LANE MARKINGS DETAIL 4

STOP BARSTOP BAR AT CROSSWALK
DETAIL 1

PARKING STALL LINES

TYPICAL ON-STREET
DETAIL 3
DETAIL 5
Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A DETAILS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
2022 PAVEMENT

RESURFACING PROJECT
P22-003
10 11
ITEM 8
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Street Sign R&R
Linda Way 2200 & Glenda Way 2054
Glenda Way 2054 & Linda Way 2200
Stephanie Way 1600 & Peltola Street 1624
Stephanie Way 1600
Richland Avenue 1610 & Giddings Street 1700
Giddings Street 1700 & Richland Avenue 1610
Peltola Way & Stephanie Way with new pole

REGULATORY SIGNS
Stop Sign (R1-1) at Grandview Ave. and
Paramount Ave.

No Parking 9PM to 6AM Sign at 1630 Paramount
Avenue
No Parking 9PM to 6AM Sign at 1508 Belmont
Avenue

BUMP SIGNS
Bump Sign at 2017 Don Pedro Road
20 MPH Sign at 2017 Don Pedro Road
Bump Sign at 2000 Don Pedro Road
20 MPH Sign at 2000 Don Pedro Road
Bump Sign at 2001 Don Pedro Road
20 MPH Sign at 2001 Don Pedro Road
Bump Sign at 1944 Don Pedro Road
20 MPH Sign at 1944 Don Pedro Road
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DETAIL 39"'""-....

AND 39A

DRIVER FEEDBACK SOLAR SIGNS
Speed Advisory Sign (W1 -2a-25MPH) & Solar
Speedcheck-15 with mounting at 1116 Payne
Ave. on new pole
Speed Advisory Sign (W1 -2a-25MPH) & Solar
Speedcheck-15 with mounting at 1013 Payne
Ave. on existing street light
Solar Speedcheck-18 (R2-1-25MPH) with
mounting near 1907 Glen Harbor Dr. on existing
street light
Total Signs
Total New Poles
NOTE
27 2

CONTRACTOR TO PURCHASE AND REPLACE, AT
VARIOUS LOCATIONS, TEN 100 Ah 12V BATTERIES
AND TWENTY 22 Ah, 12V BATTERIES

EQ I EQ
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UP OF .
~ GUTTER ..............
:CZ
Q:5 3a.

WO::
zw
4" WIDE PAINTED
(WHITE) STRIPE
18"
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....1....-..... r

TWO LANE STREET INTERSECTION
~~
I

STALL LENGTH

PER PLAN

A ARE HYDRANT
0 BLUE PAVEMENT MARKER
PAVEMENT MARKERS SHALL BE BLUE (2-WAY) REFLECTIVE
STIMSONITE MODEL NO. 88AB (OR APPROVED EQUAL)

FIRE HYDRANT

MARKER DETAIL

NO SCALE
u s
'
oto

NO SCALE
~
VERIFIED ON THE: Slit. N«
"~ DISCREPANCY SHN.L BE BROUGHT
~- ro NOTICE OF THE ENGINEER PRIOR ro THE COIN£NC£M£Nr
OF N« llllRK.

NO SCALE

GUTTER UP OR

EDGE OF PAVEMENT

NEW OR EXISTING

I CROSSWALK (PER PLAN)
{....___I
[
12" LIMIT LINE
m PER CALTRANS
STD. A24E
t~lOf_,
STD. A24D

NO SCALE

CENTERLINE
OF ROADWAY"""
E 12 EI JYPICAI ~
,.
""'"'"" "' ,..._ t

SPEED HUMP MARKER
DETAIL

NO SCALE

GUTTER UP OR

EDGE OF PAVEMENT
6'± OR l'----"VAR"'-=IES;:;...__-,

PER PLAN
~~ ... ------.1
12" LIMIT LINE

PER CALTRANS
STD. A24E
~ ~lO~ I J' i \_CALTRANS
I STD. A24D
NOTE: WHERE SPECIFIED
INCLUDE 100 FEET OF
DETAIL 22, TYPICAL.

DATE: JPIL21113
CH. BY:

DAlE:

SCALE: IS SHOWN
12 FT TYPICAL

MID POINT OF

CURB RETURN
of

CALTRANS STANDARD PLANS
DETAIL
Call : TOLL FREE

YOU DIG
BEFORE

TWO DAYS
nderground ervice lert
1 ( 800 ) 642 - 2444
U
S

A DETAILS

ENGINEERING PROJECTS AND STANDARDS

ENGINEERING DEPARTMENT
"Together We Achieve"
2220 Magnolia Street (209) 538-5792
2022 PAVEMENT

RESURFACING PROJECT
P22-003
11 11
ITEM 8
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24'-o" 24'-o"
<;= Iii! Iii! ~---21
NWWWWWWIIWWW\MM ---=r__l_j LOL ------------------------------ -- => ~~~1~1

LANELINES NO PASSING ZONES-TWO DIRECTION
~ 6'-Q" - r--=----1
lillll illiil ~ 11111111 illlllll
/ 1'-0N White line
} "---._6" YELLOW LINE

CENTER LINE EXTENSIONS

THROUGH INTERSECTIONS
NOTE:

All crosswalk markings must be white
except those near schools must be yellow.

LIMIT LINE (STOP LINE)
1'-0" TO 2'-0"
1-------------1]

BASIC CROSSWALK
2·-0 .. Hh
DD DD DD DD D DDD Q D ~]

PIANO KEY
¥1
3¼"-4){," _j
~
I
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TYPE &'7AND TYPE D TYPE G AND TYPE H
~ RE1ROREFLEC111/E FACE

MARKER DETAILS

MARKERS
[§ TYPE C RED-a.EAR RE1ROREFLEC111/E
~ TYPE D TWO-WAY 'IElLOW RE1ROREFLEC1111E
[I TYPE G ONE-WAY a.EAR RElROREFLECTIIIE
Iii TYPE H ONE-WAY 'IElLOW RE1ROREFLEC1111E
LINES
c::==:::J 4• WHllE
~ 4• 'IElLOW
f....___ ___ _____,~ __j 1- [I [I [I 1-----.
c= 8" WHITE LINE
24'-o" 1 24'-o" I

THROUGH TRAFFIC

CHANNELIZING LINE
~
I
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=> C

INTERSECTION LINE

BIKE LANE
1'-4'
- .. ft
lYPE II (L) ARROW
I I
I Ill
IL
,•..q- ..i 1 ,•..q
- .. ft
lYPE Ill (L) ARROW
L _l,L

BIKE LANE LINE
~71C1ft

BIKE LANE ARROW
4• GRI)
li-4·
A-7 ft"

BIKE LANE SYMBOL

WITH PERSON
, l r 1
(FOR lYPE II (R) USE MIRROR IMAGE) (FOR lYPE Ill (R) USE MIRROR IMAGE) l ri i

PAVEMENT MARKINGS
NOTE:

DETAILS SHOWN REFERENCE CAI.TRANS STANDARD PLANS. CONTRACTOR SHAU. BE RESPONSIBLE FOR COMPLYING WITH THE MOST CURRENT STANDARD DETAILS AT THE TIME OF CONSTRUCTION.

NO SCALE
I
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~
£.11-"'T
A=2l ft2
II
u ,mn
1 .£..ii--'
A=24 ft2
A=2Z tt2
~
~
~
~
A=24 ft2
f 1r~N-O~.r;o,a;-;-:JE~=-=-~~T=-;:-~~~~~~~=-=-=-=-=-=-=-=-=-=-71~~~.::.::.::===~~~::.::.::.~;-=-=-=-,r --=--~""7--=--=--=-=-=-=-=-=-=-=-=-=-,r==;:=:;;;;:=~======:========,r===================================-u====================~~~~~~-=-=-=-=11:t~=~~=~~=~f=~51 BY REVISION MADE u s A ll/1IE;. DR. BY: MIN FIie No. P22-003

ALL REFERENCES IND IIRITIDI
City of Ceres
DAlE: -. .... Sheet
~
DIMENSIONS SHALL TAKE CH. BY: PREFEREHCE Ol£11 SCN.£D
I .___,___________
DIMENSIONS NID SHALL BE DAlE: VERIFIED ON THE: Slit. N«

DISCREPANCY SHALL BE BROUGHT
ro NOTICE OF THE: ENGINEER
PRIOR ro THE COIN£NC£M£Nr SCALE: loS SHOWN OF N« llllRK. of ITEM 8

COUNCIL AGENDA REPORT

Resolution No. 202 3-XXX, Authorizing the Interim City Manager to Approve an Agreement with Provost and Pritchard Consulting Group for Professional Consultation Services to Install an Irrigation Supply Well at Ochoa Park
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council approve an agreement with Provost and Pritchard for Professional Consultation Services to install a new irrigation water supply well at Ochoa Park located near Eastgate Boulevard and East Hatch Road, Ceres.

I. BACKGROUND:

Oc
hoa Park, located near Eastgate Boulevard and East Hatch Road, is a neighborhood park which was dedicated in the summer of 2021 but remained partially developed. In January 2023, City Council approved the spending of $2.3 million dollars of the City’s share of the American Rescue Plan Act (ARPA) funds to complete the park. These funds are being used to install picnic tables, shade structures, benches, pickle ball courts, BBQ grills, a water fountain, and pet station. In addition to these developments, landscaping will also be added, and a full irrigation system will be necessary for ongoing maintenance.

Staff proposes constructing a new irrigation supply well which will be used to irrigate Ochoa Park landscaping improvements and to deliver water to a Turlock Irrigation district (TID) canal located north of the park as an offset to surface water. The new irrigation well will be designed to deliver approximately 1,500 gallons per minute (gpm) to the TID canal is necessary to meet water offset agreement between the City of Ceres & Turlock Irrigation District (TID) for the surface water project. The new well would include electrical facilities and equipment and the water will need to be monitored, controlled through the Supervisory Control Data Acquisition (SCADA) system.

ITEM 9
II. REASONS FOR RECOMMENDATION:

Provost and Pritchard responded to the City’s request for proposal and has submitted a work plan including the design, construction oversight, topographic survey, well - equipping design, and well -equipping construction oversight phases inclusively for an amount not to exceed $123,500.00 . Should the need arise, Provost and Pritchard are also capable of additional services upon request. Provost and Pritchard has a positive working history with the City of Ceres and staff recommends proceeding with a Professional Consultation Services Agreement in order to begin the irrigation project and avoid delaying the park improvement project as a whole.

III. FISCAL IMPACTS:

Funding is available in fiscal year 2022/23 budget account 52735.29900.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure th
at the community has adequate, well-maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

Should Council decide not to approve of the agreement, the irrigation system will need to be run from a nearby municipal well, which would use the drinking water supply and be counterproductive to the City’s efforts to conserve valuable drinking water.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15303, New Construction or Conversion of Small Structures.

IX. STEPS FOLLOWING APPROVAL:

Following approval of the City Council, the Interim City Manager shall execute the agreement.

Approved by: _
_____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B
– Professional Consultation Agreement and
Exhibits
ITEM 9
RESOLUTION NO. 2023-XXX

AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE AN

AGREEMENT WITH PROVOST AND PRITCHARD CONSULTING GROUP

FOR PROFESSIONAL CONSULTATION SERVICES TO INSTALL AN

IRRIGATION SUPPLY WELL AT OCHOA PARK

THE CITY COUNCIL
City of Ceres
WHEREAS, City Council approved the completion of Ochoa Park, located near Eastgate Boulevard and E. Hatch Road, in January 2023 to include new park equipment, activities, and landscaping; and
WHEREAS, a new irrigation well is necessary for ongoing landscape maintenance for the park and also to support an offset water to Turlock Irrigation District (TID) canal; and WHEREAS, constructing an irrigation supply well is in the best interest of the City to avoid the use of water from a nearby municipal treated drinking water well which would be counterproductive to water conservation efforts; and
WHEREAS, Provost and Pritchard Consulting Group responded to the City’s request for proposal and has submitted a work plan for engineering consultation services for an amount not to exceed $123,500.00; and
WHEREAS, funding is available in fiscal year 2022 /23 budget in account 52735.029900; and
WHEREAS, staff recommends proceeding in order to begin the irrigation project and avoid delaying the park improvement project.

NOW,
THE
REFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to approve an agreement with Provost and Pritchard Consulting Group for Professional Consultation Services to install an irrigation supply well at Ochoa Park.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th day of June 2023, by the following vote:

AYES: C ouncilm
embers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
J
avier Lopez, Mayor
ATTEST:
_________________________________
F
allon Martin, City Clerk
ITEM 9

ATTACHMENT A
ITEM 9

ATTACHMENT B
ITEM 9

AGREEMENT
FOR

PROFESSIONAL CONSULTATION SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 26th day of June 2023, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and PROVOST & PRITCHARD CONSUL TING GROUP, hereinafter referred to as "CONSUL TANT" each individually a "Party" or collectively the "Parties"). There are no other parties to this Agreement.

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES/ PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONSULTANT shall provide the contracted services specified in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to· herein as the "services" or "work" hereunder. As a material inducement to the CITY entering into this Agreement, CONSUL TANT represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar circumstances in accordance with sound professional engineering practices and that CONSUL TANT is experienced in performing the work and services contemplated herein. CONSULTANT covenants that it will follow sound professional engineering practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

ITEM 9

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONSUL TANT shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONSUL TANT shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONSULTANT'S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONSUL TANT warrants that
CONSULTANT: (a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONSULTANT warrants that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONSUL TANT discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONSUL TANT shall immediately inform the CITY of such fact and shall not proceed except at CONSULTANT'S risk until written instructions are received from the City's contract officer for this Agreement ("Contract Officer").

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

ITEM 9

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSUL TANT, incorporating therein any adjustment in (i) the contract sum, as set forth in Exhibit A, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSUL TANT. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONSUL TANT that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONSUL TANT anticipates and that CONSUL TANT shall not be entitled to additional compensation, therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective June 26, 2023 and will continue in effect until June 25, 2024, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEMENT OF WORK
CONSUL TANT shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONSUL TANT prior to receipt of a purchase order shall be at CONSULTANT'S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONSUL TANT shall be paid the amounts as provided in Exhibit A. The total compensation to CONSUL TANT shall not exceed ONE HUNDRED TWENTY-THREE THOUSAND FIVE-HUNDRED DOLLARS ($123,500.00) unless the Parties mutually agree in writing ITEM 9
otherwise.

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONSUL TANT shall begin to perform work required by the Scope of Services as provided in Exhibit A, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONSULTANT, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable.

The Contract Officer's decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONSUL TANT and without the fault or negligence of CONSUL TANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSUL TANT shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT'S sole remedy being extension of the Agreement pursuant to this Section.

13. OBLIGATIONS OF CONSULTANT
Throughout the term of this Agreement, CONSUL TANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct ITEM 9
business. CONSUL TANT warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONSULTANT further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONSULTANT elect to engage any subCONSUL TANT(s) to perform any portion of the work, CONSUL TANT shall provide the CITY written notice of the name, address, telephone number, and State CONSUL TANT's license number of each such subconsultant, together with proof of workers' compensation coverage for each such subconsultant. CONSUL TANT shall remain fully responsible for all acts or omissions of said subCONSULTANTs, their employees, agents or assigns.

15. INTEREST OF CONSUL TANT
CONSUL TANT warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONSUL TANT warrants that, in performance of this Agreement, CONSULTANT shall not employ any person having any such interest. CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this Agreement if so required at the option of CITY.

16. RECORDS
CONSULTANT shall keep, and require subCONSULTANTs to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of five (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or ITEM 9
necessary during the performance of this Agreement, for CITY or CONSULTANT to modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONSUL TANT may incur in performing such additional services, and CONSUL TANT shall not be required to perform any such additional services.

18. INDEPENDENT CONSULTANT
All acts of CONSUL TANT, his agents, officers, and employees and all others acting on behalf of CONSUL TANT relating to the performance of this Agreement, shall be performed as independent CONSUL TANTs and not as agents, officers, or employees of CITY. CONSUL TANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONSUL TANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONSUL TANT. It is understood by both CONSUL TANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONSUL TANT, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent CONSULTANTs and not as employees of CITY.

CONSUL TANT shall determine the method, details and means of performing the work and services to be provided by CONSUL TANT under this Agreement. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSUL TANT in fulfillment of this Agreement. CONSUL TANT has control over the manner and means of performing the services under this Agreement.

CONSUL TANT is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONSUL TANT has the responsibility for employing other persons or firms to assist CONSUL TANT in ITEM 9
fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by CONSUL TANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.

It is understood and agreed that as an independent CONSUL TANT and not an employee of CITY neither the CONSUL TANT nor CONSULTANT'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

As an independent CONSUL TANT, CONSUL TANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONSULT ANT: Name: Provost & Pritchard Consulting Group FOR CITY:

Address: 455 W. Fir Avenue
Clovis, CA 93611
Attention: Kevin Berryhill P.E.

Phone: (559)449-2700 ext. 301
Name:

Address:

Attention:

Phone:

CITY of Ceres
2720 Second St.

Ceres, CA 95307
Sam Royal
(209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided for Professional Liability with the following limits and attached hereto as Exhibit B:

ITEM 9
$2,000,000.00 each claim, $2,000,000.00 Aggregate

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONSUL TANT, or (2) legal dissolution of CONSULTANT.

Termination by CITY for Default of CONSULTANT
Should CONSUL TANT default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONSUL TANT, dishonesty, or theft.

Termination by CONSULTANT for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONSUL TANT may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to pay CONSUL TANT as hereafter provided, willful destruction of CONSULTANT'S property by CITY, dishonesty, or theft.

Termination by CITY for Lack of Budgeted Funds
CITY may terminate this Agreement effective July 1 of any given year upon CITY'S determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event, CITY shall give CONSULTANT not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSUL TANT all or any part of the payments set forth in this Agreement on the date due, at his option CONSUL TANT may terminate this Agreement if the failure is not remedied within thirty (30) days after CONSUL TANT ITEM 9
notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONSULTANT'S Tax Status If CITY determines that CONSUL TANT does not meet the requirements of federal and state tax laws for independent CONSUL TANT status, CITY may terminate this Agreement by giving written notice to CONSUL TANT. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONSUL TANT shall cease all his work on the project as of the termination date and shall see to it that his employees, subCONSUL TANTs, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONSUL TANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT'S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date; this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONSUL TANT, CONSUL TANT understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSUL TANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONSUL TANT shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONSUL TANT, any subconsultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the ITEM 9
active negligence, sole negligence, or willful misconduct of the CITY.

CONSULTANT'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONSUL TANT to procure and maintain a policy of insurance.

23. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONSULTANT and CITY. Additional or new terms contained in this Agreement which vary from CONSULTANT'S proposal are controlling and are deemed accepted by CONSUL TANT by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

24. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

25. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

26. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT'S charges to CITY under this Agreement.

CONSUL TANT agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONSUL TANT services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

27. NONDISCRIMINATION
ITEM 9
During the performance of this Contract, CONSULTANT and its subCONSUL TANTs shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.

CONSULTANT and subCONSULTANTs shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

CONSULTANT and subCONSULTANTs shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONSULTANT and its subCONSULTANTs shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONSUL TANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

28. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

29. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

30. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license, as required.

31. ATTORNEYS' FEES
ITEM 9
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees.

Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if_such action is prosecuted to judgment.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated ________ , 2023
CITY OF CERES, a municipal corporation
By _________ _
Doug Dunford, Interim City Manager

APPROVED AS TO FORM
Nubia Goldstein, City Attorney
ATTEST
Fallon Martin, City Clerk
Dated :ft.>oG ; 2,0l,3. , 2023

PROVOST & PRITCHARD

CONSUL TING GROUP
By /If;:~
Signature
CONSULTANT'S Federal ID#:
'f 'f-1-l lf o 1 t
CONSLUTANT'S CA State License
Board#:

ITEM 9
EST. 196B

PROVOST&

PRITCHARD

CONSUL TING GAO UP
An Employee Owned Company
May 30, 2023
Sam Royal
Public Works Director
City of Ceres
2220 Hackett Road
Ceres, CA 95307

EXHIBIT A
455 W Fir Avenue
Clovis, CA 93611-0242
Tel: (559) 449-2700
Fax: (559) 449-2715
www.provostandpritchard.com
Subject: Proposal to Provide Professional Engineering Services for Ochoa Park Well Dear Mr. Royal
Thank you for the opportunity to submit this proposal to provide engineering services for the subject project. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees and deliverables, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.

Project Understanding
We understand that the City of Ceres intends to construct an irrigation water supply well at Ochoa Park near Eastgate Blvd and E Hatch Rd. The well will be used to deliver water to a Turlock Irrigation District (TID) canal located north of the park as an offset to surface water supplied by TID and will also be used to supply water for the park's landscape irrigation system.

The City needs approximately 1,500 gpm from the well for delivery to TID. The City further desires that the destination of the water be controllable via the City's supervisory control and data acquisition (SCADA) system.

We understand the work to include the design, bidding support and construction oversight of a new irrigation well at Ochoa Park and would include the electrical facilities and ultimate equipping of the well. The well is expected to be shallow to avoid interference with a nearby municipal well. A topographic survey has been included as an optional service should an existing topographic survey of the site not be available.

Provost & Prichard's proposed Scope of Services and associated fee estimate is based on the following conceptual system design. The well pump discharge manifold will branch off in two directions to supply either the park's landscape irrigation system or the TID canal, but not both at the same time. Off-site piping to the landscape irrigation system will be by others. The "goose neck" outlet into the TID canal is existing and located approximately 20 feet north of the proposed well site. It is anticipated that the well pump will be powered via a new TID service and will be equipped with a variable frequency drive (VFD). The VFD, in conjunction with a flow meter and potentially a pressure transducer, will be used to regulate the well flow rate. A pair of motor actuated butterfly valves will be used to direct the well flow to either the landscape irrigation system or the canal.

Scope of Services
\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Ceres-Ochoa Park Well 23-308\Working Drafts\Ochoa Park Well Design Proposal.docx Engineering • Surveying • Structural • Geostructural • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Bakersfield • Visalia • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, Idaho ITEM 9
City of Ceres
Ochoa Park Well
Proposal No.: 23-308
Our proposed scope of work for this project is described below.

PROJECT MANAGEMENT
A. Project management and administration
B. Prepare and submit monthly billing
C. Conduct QA/QC program
Well Design Phase: (WO)
Description of work under this phase
May 30, 2023

Page 2 of 5 ends

A. Prepare 90% draft plans and specifications for the well and submit to City for review B. Finalize plans and specifications, prepare Engineer's cost estimate, and provide 100% bid ready plans and specifications to the City
C. Provide bidding assistance, prepare bid summary, recommend award of contract, and assist with award of contract. The work will include reviewing the bids and checking references.

Well Construction Phase: (WC)
Description of work under this phase
A. Construction review and management of drilling and electric logging of the pilot hole B. Prepare final design detail for the production well
C. Construction review and management of production well, including submittal review D. Review of production well development and pump testing E. Evaluation of pump test data and final design of pump F. Construction review and management of site construction work including installation and startup of pump and all appurtenance facilities
G. Provide final project report to City staff including well log, well construction details and geologic formations, and pump design information
Topographic Survey: (SUR)
Description of work under this phase
A. If necessary, Provost & Pritchard will perform a topographic survey of the project area. It is anticipated that the survey would extend from the Ceres Main Canal south to Well 38.

Limited survey data would also be collected within the Well 38 site.

Well Equipping Design Phase: (DES)
Description of work under this phase
A. Provost & Pritchard will prepare and submit 60%, 90%, and bid-ready plans, specifications, and cost estimates for equipping the well site, including design of the well pump, manifold piping, site grading, fencing, and electrical improvements.

B. It is anticipated that the following drawing sheets will be included in the project plans

1. Cover and index (1 sheet)
\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Ceres-Ochoa Park Well 23-308\Working Drafts\Ochoa Park Well Design Proposal.docx ITEM 9
City of Ceres
Ochoa Park Well
Proposal No.: 23-308

2. Legend and abbreviations (1 sheet)

3. Site plan (1 sheet)

4. Site piping plan (1 sheet)

5. Grading plan (1 sheet)

6. Well details (1 sheet)

7. Manifold details (1 sheet)

8. Miscellaneous details (1 sheet)

9. Electrical and l&C sheets (4 sheets)
May 30, 2023

Page 3 of 5 ends

C. Plans, specifications, and cost estimates will be submitted in electronic (PDF) format.

Well Equipping Construction Phase: (CA)
Description of work under this phase
A. Provost & Pritchard will respond to questions received during bidding B. Provost & Pritchard will review project submittals (7 submittals assumed) and respond to contractor requests for information (2 RFls assumed)
C. The project engineer will conduct a punch-list site visit at the conclusion of construction Professional Fees
Provost & Pritchard Consulting Group will perform the services in this proposal on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed our estimate of $123,500 without additional authorization.

Proposed Fee -Ochoa Park Well
Estimated Fee
Total Estimated Fee:

Assumptions

1. The design of the landscape irrigation system will be by others

2. Design of structural foundations and tanks will not be required

3. The well will not supply any potable uses
$25 000
$30 000
$4 500
$50 000
$14 000
$123 500

4. The City will be responsible for environmental (CEQA) approval for the project

5. No conditional use permit or zoning variance will be required

6. The City will apply for and pay for any permits required for the project \\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Ceres-Ochoa Park Well 23-308\Working Drafts\Ochoa Park Well Design Proposal.docx ITEM 9
City of Ceres
Ochoa Park Well
Proposal No.: 23-308

7. Building department plancheck will not be required
May 30, 2023

Page 4 of 5 ends

8. The City's standard general and special conditions (i.e. up-fronts) will be incorporated into the specifications

9. The City will administer the bidding process

10. No in-person meetings or site visits except for those specifically identified above are required
Additional Services
The following services are not included in this proposal, however these and others can be provided at additional cost, upon request.
• Coordination with Tl D
• Geotechnical studies
• Landscaping and irrigation design
• Well water quality zone testing
• Environmental permitting
• Construction management and inspection services
Sincerely Yours,
Provost & Pritchard Consulting Group
~~
Kevin Berryhill, R/r: 70415
Project Manager
Keith Mortensen, RCE 75865
Director of Operations
\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Ceres-Ochoa Park Well 23-308\Working Drafts\Ochoa Park Well Design Proposal.docx ITEM 9
City of Ceres
Ochoa Park Well
Proposal No.: 23-308
Terms and Conditions Accepted
By City of Ceres
Signature
Printed Name
Title
Signature
Printed Name
Date Title
\\ppeng.com\pzdata\docs\Marketing\Proposals\2023\City of Ceres-Ochoa Park Well 23-308\Working Drafts\Ochoa Park Well Design Proposal.docx May 30, 2023

Page 5 of 5 ends

Date
ITEM 9

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01 ).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance
Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000
(including operations, products
and completed operations)

2. Automobile Liability: $2,000,000

3. Workers' Compensation $1,000,000
per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.
per accident for bodily injury and
property damage
Vendor shall maintain
Worker's Compensation
Insurance (Statutory Limits)
and Employer's Liability
Insurance with limits of at
least one million dollars
($1,000,000).

ITEM 9

4. Employer's Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor's insurance or as a separate owner's police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 9
prior written notice by certified mail, return receipt requested, has been given to the entity.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Waiver of Subrogation
Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)
The workers' compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VI I depending on various circumstances.

It is also recommended that the insurer for the contractor/consultanUvendor/lessee be "admitted" in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

However, there may be situations where a non-admitted insurer will have more financial strength (and the ability to respond to claims) than some admitted insurers. Please contact your broker, legal counsel or BRS when faced with this situation.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage
Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity's forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 9
copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractor shall be subject to all of the requirements stated herein.

ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 26, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT: Resolution No. 202 3-XXX, Authorizing the Interim City Manager to Approve an Agreement with Elevator Technology, Inc. for Elevator Maintenance Services
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the Interim City Manager approve an agreement with Elevator Technology for Elevator Maintenance Services for the two (2) City elevators located at the Public Safety Building and Community Center.

I. BACKGROUND:

The City has two (2) elevators, one located at the Public Safety Building at 2727 3rd Street and one at the Community Center at 2701 4 th Street. California Title 8, Division of Industrial Safety, Subchapter 6 for Elevator Safety Orders requires quarterly, semi - annual, and annual testing and certifications for safe operations of elevators. Elevator Technology, Inc. has held the elevator maintenance service contract with the City since June 2021 which is now expired.

II. REASONS FOR RECOMMENDATION:

Request for Proposals were posted to the City website and bids were due back on June 2, 2023. Bids were received from Elevator Technology, Inc., EnPro, and Specialized Elevators. O f the three bids received, Elevator Technology submitted the lowest responsive and responsible bid. A bid tabulation is attached hereto for reference.

Aside from submitting the lowest bid cost, Elevator Technology has performed well during the contract term over the last 2 years and staff is confident they can continue to perform the necessary services as set forth in the scope of services.

III. FISCAL IMPACTS:

ITEM 10
Funds are appropriated annually for elevator maintenance services and will be available in fiscal year 2023/24 account 67941.029900.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensur
e that the community has adequate, well-maintained infrastructure (including water, sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

Should Council decide not to approve the agreement, the City will fall out of compliance with California Title 8 laws or the cost of the maintenance could fluctuate drastically without a set contracted price.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the Interim City Manager shall execute the agreement.

Approv
ed by: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B
– Bid Tabulation

3. Attachment C – Agreement with Exhibits
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE AN
AGREEMENT WITH ELEVATOR TECHNOLOGY, INC. FOR ELEVATOR

MAINTENANCE SERVICES

THE CITY COUNCIL
City of Ceres

WHEREAS, the City has two (2) elevators; one located at the Public Safety Building and one at the Community Center; and

WHEREAS, California Title 8, Division of Industrial Safety requires elevator testing and certification for safe operations; and

WHEREAS, the agreement for elevator maintenance has expired and requests for proposals were posted to the City website; and

WHEREAS, of the three (3) bids received, Elevator Technology, Inc. submitted the lowest most responsible bid of $2,880.00 annually and has held the contract since June 2021; and

WHEREAS, funds are appropriated annually and will be available in fiscal year 2023/24 budget account 679.41.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to approve an agreement with Elevator Technology, Inc. for elevator maintenance services.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
Bid Tabulation - Elevator Maintenance Services 2023
2-Jun-23
Company Annual Prev. Maint.

Cost
Monthly Prev. Maint.

Rate
Scheduled time HRLY
Rate (Repairs)
Scheduled OT HRLY
Rate (Repairs)
Emergency Call-out
HRLY Rate (Repairs) Materials Markup %
Elevator Technology $2,880.00 $240.00 $275.00 $275.00 $525.00 15% En Pro $3,180.00 $265.00 $275.00 $412.50 $550.00 15%
Specialized Elevator $4,080.00 $340.00 $390.00 $663.00 $663.00 20%

ATTACHMENT B
ITEM 10
ITEM 10

AGREEMENT
FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of
California, this 26th day of June 2023, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and ELEVATOR TECHNOLOGY, INC., hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

NOW, THEREFORE, in co nsideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES / PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement, the CONTRACTOR shall provide the contracted services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement to the CITY entering into this Agreement, CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound practices and standards in performing the work and services required hereunder and that all work product will be of good quality, fit for the purpose intended.

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

ATTACHMENT C
ITEM 10
-

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’S performance of the services required by this Agreement, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the Scope of Services to be performed; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR’S risk until written instructions are received from the City’s contract officer for this Agreement (“Contract Officer”).

ITEM 10

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR, incorporating therein any adjustment in (i) the contract sum, as set forth in Exhibit A, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change, taken either separately or cumulatively must be approved by City Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation, therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective June 26, 2023 and will continue in effect until June 25, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCEMENT OF WORK
CONTRACTOR shall not undertake any work or incur any costs whatsoever under the terms of this Agreement except upon the prior receipt of a fully executed Purchase Order from the Ceres Department of Finance. Any costs incurred by CONTRACTOR prior to receipt of a purchase order shall be at CONTRACTOR’S expense.

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed TWO-THOUSAND EIGHT-HUNDRED EIGHTY DOLLARS ($2,880.00) unless the Parties mutually agree in writing otherwise.

ITEM 10

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services as provided in Exhibit A, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined, in the sole discretion of the Contract Officer, to be justified and reasonable.

The Contract Officer’s decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work, CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor’s license number of each such subcontractor, together with proof of workers’ compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors, their employees, agents or assigns.

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this Agreement if so required at the option of CITY.

16. RECORDS
CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the work required by this Agreement and enable the Contract Officer to evaluate the performance of such work.

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (5) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to ITEM 10

modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services, and CONTRACTOR shall not be required to perform any such additional services.

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers, and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

CONTRACTOR shall determine the method, details and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

ITEM 10

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: Elevator Technology, Inc.

Address: 2050 Arroyo Vista
El Dorado Hills, CA 95762
Attention: Paul Taormina
Phone: ( 916)936-9950

FOR CITY: Name: CITY of Ceres
Address: 2720 Second St.

Ceres, CA 95307
Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit B.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
ITEM 10

This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR, dishonesty, or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty, or theft.

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements ITEM 10

of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors, and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the percentage of work completed on the termination date; this percentage shall be determined by CITY in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR, CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

22. INDEMNITY
CONTRACTOR shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, caused in whole or in part by any act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to ITEM 10

procure and maintain a policy of insurance.

23. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

27. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

28. WARRANTY
ITEM 10

CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces. The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements, in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY’s actual cost of litigation including at witness fees.

29. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

30. GOVERNING LAW
ITEM 10
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

31. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

32. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license, as required.

33. ATTORNEYS’ FEES
If either party to this Agreement is required to initiate or defend or is made a par
ty to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees.

Attorneys’ fees shall in cl ude attorneys’ fees on any appeal , and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for invest igating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prose
cuted to judgment.

IN WITNESS WHEREOF, the parties have exe cuted this Agreement on the dates indicated below.

Dated , 2 023 Dated , 2023
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, Interim City Manager Signature
ITEM 10
Typed name/title
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia G
oldstein, City Attorney
CONTRACTOR’S CA S tate License
ATTEST Board #:

Fallon Martin, Cit y Clerk
ITEM 10
6 CONTRACTOR BID INFORMATION

THE UNDERSIGNED

AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS BID, THAT

THIS B ID HA S NOT B EEN PREPARED IN COLLUSION WITH ANY OTHER RESPONDENT,

AND THAT THE CONT ENT OF THIS BID HAS NOT BEEN COMMUNICATED TO ANY OTHER RESPONDENT. CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

Name of Company:

Company Address:

Project and Location:

Fed Tax ID#:

City of Ceres Buss. License #:

W-9 (If this is first time doing
business with the City of Ceres)
E-mail information or clarification in
the form of addenda was received?
Dept. of Industrial Relations (DIR) #
($25,00.00 and over) and address if
different than above location:

Name of Project Manager:

Representative's E-mail:

Representative's Phone #:
$1,000,000 Certificate of Insurance:

City Council Approval Date
($25,000.00 and over)
Name/Title of Authorized Signer:

Authorized Signature
Elevator Technology, Inc.
2050 Arroyo Vista, El Dorado Hills, CA 95762
Ceres, CA
68-0474146
On file - TO BE PROVIDED ON AWARD
On file (and attached)
No addenda
1000002098 (copy attached)
Paul Taormina
[email protected]
916.936.9950
On file with City (another sample attached) -
New formal to be provided with award.

Paul Taormina, General Manager

EXHIBIT A
ITEM 10
~/-~
7 Elevator Services
Bid Summary
Description Cost
Annual Cost
Monthly rate
Scheduled time hourly rate
Scheduled overtime hourly rate
Emergency call out hourly rate
Materials markup (Note % Markup)
$2,880
$240
Rates Attached
Rates Attached
Rates Attached
15%
ITEM 10

2023 Elevator Technology Billing Rate Schedule
City of Ceres 2023 RFP

For work COVERED under Full Service Agreements (Time Differential) Straight-Time* 1.7 Overtime** 2.0 Overtime**
Mechanic Hourly Rate INCLUDED $ 275 $ 275 Team Hourly Rate INCLUDED N/A $ 550

For work NOT COVERED under Service Agreement
Straight-Time* 1.7 Overtime** 2.0 Overtime**
Mechanic Hourly Rate $ 275 $ 445 $ 525 Team Hourly Rate $ 550 N/A $ 980

* Straight-time, unless otherwise specified, is Monday through Friday 7:30am to 4pm, not including holidays.

**Per IUEC regulations, 1.7 overtime: Monday through Friday (outside of regular hours) and Saturdays. 2.0 overtime: Sundays and holidays. Per IUEC regulations, all Team repair work outside of regular hours shall be 2.0 overtime.

ITEM 10
ELEVATOR TECHNOLOGY, INC.
2050 ARROYO VISTA, EL DORADO H ILLS, CA 95762
(916) 939-4323 · FAX (916) 369-8260

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representative, employees or subcontractors.

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. Insurance Services Offices (ISO) Commercial General Liability coverage (occurrence Form CG 00 01).

2. Insurance Services Office (ISO) Form CA 00 01 covering Automobile Liability, code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).

ITEM 10

4. Employer’s Liability: $1,000,000 Per accident for bodily injury or disease.

If the contractor maintains higher limits than the minimums shown above, the entity shall be entitled to coverage at the higher limits maintained by the contractors.

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the entity. At the option of the entity, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the entity, its officers, officials, employees and volunteers or (b) the contractor shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Other Insurance Provisions

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The entity, its officers, officials, employees, and volunteers are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided with two endorsement forms: 1) in the form of an additional insured endorsement to the Contractor’s insurance or as a separate owner’s police (CG 20 10 11 85 or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language) and 2) a CG 20 37 10 01 endorsement form or its equivalent language. A later edition of the CG 20 10 form along with the CG 20 37 coverage form will give some protection to the entity for specific locations.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 10

prior written notice by certified mail, return receipt requested, has been given to the entity.

Waiver of Subrogation

Contractor hereby agrees to waive subrogation which any insurer of contractor may acquire from contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the entity. This is only a recommendation. The entity may decide to accept an insurer with a rating of less than A:VII depending on various circumstances.

It is also recommended that the insurer for the contractor/consultant/vendor/lessee be “admitted” in California. This means that the insurer is licensed to do business in California, is subject to his insurance regulations and contributes to the guarantee fund.

Those recommendations are applicable to almost any risk and exposure discussed in this manual.

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 10

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

ITEM 10

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
6/9/2023
RBN & Associates, Inc.
303 E Wacker Dr Ste 650
Chicago IL 60601
Telisa Gibson
312-856-9400
312-856-9425
[email protected]
Great American Insurance Co.
16691
ELEVTEC-01
Nationwide Mutual Ins. Co.
23787
Elevator Technology Inc.
2050 Arroyo Vista Way
El Dorado Hills CA 95762-9400
Sentinel Insurance Company
11000
Insurance Company of the West
27847
1720490120
A
X
1,000,000
X
300,000
10,000
1,000,000
4,000,000
X
Y
Y
GLP196193200
10/1/2022
10/1/2023
4,000,000
B
1,000,000
X
X
X
Y
Y
3110215796
10/9/2022
10/9/2023
C
X
5,000,000
X
Y
83SBAVX5221
10/1/2022
Y
10/1/2023
5,000,000
D
X
N
Y
WIL 5057507 02
10/1/2022
10/1/2023
1,000,000
1,000,000
1,000,000
City of Ceres, its officers, officials, employees, and volunteers are listed as additional insured with respect to the General Liability and Auto Liability as required by written contract or agreement. Waiver of Subrogation applies in favor of additional insured with respect to the General Liability, Auto Liability, Workers Comp and Excess Liability as required by written contract or agreement. Excess Liability follows form.

City of Ceres
2720 Second St.

Ceres CA 95307

EXHIBIT B
ITEM 10
ACORD®
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I

COMMERCIAL AUTO
AC 70 05 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO PROTECTION - GOLD
Thisendorsementmodifiesinsur anceprovided underthef ollowing:

BUSINESS AUTO COVERAGE FORM

SUMMARY OF COVERAGES
A. Effect ofThisEndorsement
B. NewlyAcquiredorFormedEntities
C. EmployeesasInsureds–NonownedAutos
D. AdditionalInsuredbyContract,PermitorAgreement
E. SupplementaryPayments–Bail Bonds
F. SupplementaryPayments–LossofEarnings
G. PersonalEffectsandPropertyofOthersExtension
H. PrejudgmentInterestCoverage
I. Fellow Employee–Officer, M anagersandSupervisors
J. HiredAutoPhysicalDamage
K. TemporarySubstituteAutos–PhysicalDamageCoverage
L. ExpandedT owingCoverage
M. AutoLoanorLeaseCoverage
N. OriginalEquipmentManufacturerParts– LeasedPrivatePassengerTypes O. DeductibleAmendments
P. RentalReimbursementCoverage
Q. ExpandedTransportationExpense
R. ExtraExpense– StolenAutos
S. PhysicalDamageLimit of Insurance
T. NewVehicleReplacementCost
U. PhysicalDamageCoverageExtension
V. TransferofRightsofRecoveryAgainstOthersToUs
W. SectionIV – BusinessAutoConditions– NoticeofandKnowledgeofOccurr ence X. HiredCar CoverageTerritory
Y. EmergencyLockOut
Z. CancellationCondition
AC 70 05 03 16 Page 1 of 7IncludescopyrightedmaterialofInsuranceServicesOffice, Inc. withits permission
ACP BA 31-0-0215796 LIN7 21279 INSURED COPY AC7005031600 0001 43 0006040 D. AdditionalInsuredbyContract,PermitorAgreement
10-*$:/6.#&31
ITEM 10

COMMERCIAL AUTO
AC 70 05 03 16
If specifically required by the written contract orA. EFFECT OF THIS ENDORSEMENT agreement referenced in the paragraph above,Coverageprovidedunderthis policyis modified any coverage provided by this endorsement toby the provisions of this endorsement. If there an additional insured shall be primary andis any conflict between the provisions of this any other valid and collectible insurance avail-endorsementand the provision(s)of any state- able to the additional insured shall be non-specific endorsementalso attached to this poli- contributory with this insurance. If the writtency, then the provision(s) of the state-specific contract does not require this coverage to beendorsement shall apply instead of the provi- primaryand the additionalinsured’s coveragetosions of this endorsement that are in conflict, be non-contributory, then this insurancewill bebut onlyto the extentof theconflict, andonlyto excessoveranyothervalid andcollectible insur-the extent necessary to bring such provisions anceavailabletotheadditionalinsured.into conformancewith the state requirement(s) containedintheprovision(s)ofthestate-specific
endorsement. E. SUPPLEMENTARY PAYMENTS – BAIL
BONDSB. NEWLY ACQUIRED OR FORMED ENTITIES
Supplementary Payments of SEC TION II –TheNamedInsuredshownintheDeclarationsis COVERED AUTOS LIABILITY COVERAGE isamended to include any organization you newly revisedasfollows:acquire or form, other than a partnership, joint venture, or limited liability company, and over (2) Upto$2,500forcostofbail bonds(including which you maintain ownership or majority (more bonds for relat ed traffic law violations) than50%) interest; if thereis no othersimilar in- requiredbecauseof an “accident”we cover. suranceavailableto that organization.Coverage We donothaveto furnishthesebonds. th
under this provision is afforded until the 180 F. SUPPLEMENTARY PAYMENTS – LOSS OFday after youacquireor form theorganizationor EARNINGStheendofthepolicyperiod,whicheverislater.

Supplementary Payments of the SECTION II –C. EMPLOYEES AS INSUREDS – NONOWNED COVERED AUTOS LIABILITY COVERAGE isAUTOS revisedasfollows:

The following isaddedto paragraphA.1. Who Is (4) All reasonableexpensesincurredby the “in-An Insured of SECTION II – COVERED AUTOS sured” at our request, including actual lossLIABILITY COVERAGE: of earnings up to $500 a day because of d. Any "employee" of yours is an "insured" timeoff fromwork. while using a covered "auto" you don't own, G PERSONAL EFFECTS AND PROPERTY OF.hire or borrow in your business or your per- OTHERS EXTENSIONsonalaffairs. 1. The. Care, Custody or Control Exclusion ofD. ADDITIONAL INSURED BY CONTRACT, SECTION II – COVERED AUTOSPERMIT OR AGREEMENT LIABILITY COVERAGE, does not apply to The following is added to A.1. Who Is An In- "property damage" to property, other than sured of SECTION II – COVERED AUTOS your property, up to an amount not exceed- LIABILITY COVERAGE: ing $250 in any one "accident". Coverage is excessoveranyothervalidandcollectibleAny person or organization that you are re- insurance.quired to name as an additional insured in a
written contract or agreement that is executed 2. The following paragraph is added to A.4. or signed by you prior to a “bodily injury” or Coverage Extensions of SEC TION III – “property damage” occurrence is an “insured” PHYSICAL DAMAGE COVERAGE:
for Covered Auto Liability cover age. How- c. We will pay up to$500for your propertyever, with respect to covered “autos”, such that is lost or damaged as a result of aperson or organization is an insured only to covered “loss”, without applying a de-the extent that person or organization qualifies ductible. Coverage is excess over anyas an “insured” under A.1. Who is an Insuredof othervalidandcollectibleinsurance.SECTION II – COVERED AUTOS LIABILITY COVERAGE:

Page 2 of 7 ends

withits permission
ACP BA 31-0-0215796 LIN7 21279 INSURED COPY AC7005031600 0001 43 0006041 D. ADDITIONAL INSURED BY CONTRACT,

RMIT OR AGREEMENTERRM
an additional insured shall be primary and
il
able to the additional insured shall be non-
contributory with this insurance. If the written
contract does not require this coverage to be
yand the additionalinsured’s coverageto
be non-contributory, then this insurance will be
excessoveranyothervalid andcollectible insur-
il bl t th dditi l insuredanceavailabletotheadditionalinsuredanceavailabletotheadditionalinsured any other valid and collectible insurance avaany other valid and collectible insurance ava ITEM 10

COMMERCIAL AUTO
AC 70 05 03 16
H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto" you own that isoutofservicebecauseofits:The followingparagraphis addedto SECTION II – COVERED AUTOS LIABILITY COVERAGE, a. Breakdown;

2. Coverage Extensions, a. Supplementary b. Repair;
Payments: c. Servicing;
(7) Prejudgment interest awarded against the d. "Loss";or“insured” on that part of the judgment we e. Destructionpay. If we make an offer to pay the appli- cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment interest based on that the coverage provided for the vehicle being periodoftimeaftertheoffer. replaced.

I FELLOW EMPLOYEE – OFFICERS,.

MANAGERS, AND SUPERVISORS L EXPANDED TOWING COVERAGE.

The Fellow Employee Exclusion in SECTION II 1. We willpay upto:– COVERED AUTOS LIABILITY COVERAGE is a. $100 for a covered "auto" you own ofreplacedasfollows; theprivatepassengertype,orA. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own thatthe"insured"arising outof andin thecourse isnotoftheprivatepassengertype,of the fellow "employee's" employment or for towing and labor costs incurred eachwhile performing duties related to the con- time the covered "auto" is disabled. Howev-duct of your business. This exclusion does er, thelabor must beperformedat the placenot apply to an "insured" who occupies a ofdisablement.position as an officer, manager, or supervi- sor. 2. This coverage applies only for an "auto"
coveredon this policy for ComprehensiveorJ HIRED AUTO PHYSICAL DAMAGE.

Specified Causes of Loss Coverage andIf covered"auto"designationsymbols1 or 8 ap- CollisionCoverages.ply to Liability Coverage and if at least one "au-

3. Paymentappliesin addition to the otherwiseto" you own is covered by this policy for Com- applicable amount of each coverage youprehensive, Specified Causes of Loss, or Colli- haveon acovered“auto”.sion coverages, then the Physical Damage coveragesprovidedare extendedto "autos" you M AUTO LOAN OR LEASE COVERAGE. lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a coveredprovisions in the Business Auto Coverage Form "auto", we will pay anyunpaid amount dueapplicableto Hired Auto Physical Damageapply on the loan or lease, including up to a max-up to a limit of $100,000. The deductiblewill be imum of $500 for early termination fees orequal to the largest deductibleapplicable to any penalties,foryourcovered"auto"less:owned "auto" for that coverage. Any Compre- a. The amount paid under SECTION III –hensive deductible does not apply to fire or PHYSICAL DAMAGE COVERAGE oflightning. thispolicy;andK. TEMPORARY SUBSTITUTE AUTOS – b. Any:PHYSICAL DAMAGE COVERAGE 1) Overduelease/loanpaymentsattheThe following isadded to paragraph C. Certain timeof the"loss";Trailers, Mobile Equipment And Temporary 2) Financial penaltiesimposedunderaSubstitute Autos of SECTION I - COVERED lease for excessive use, abnormalAUTOS:
wearandtearorhighmileage;I
f PhysicalDamageCoverageis providedby
3) Security deposits not refunded by athis Coverage Form, the following types of lessor;vehicles are also covered "autos" for Physi-
calDamageCoverage: 4) Costsofextendedwarranties,Credit
Life insurance, Health, Accident, orAny "auto" you do not own while used with Disability insurance purchased withthe permission of its owner as a temporary thelease;and
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COMMERCIAL AUTO
AC 70 05 03 16
5) Carry-over balances from previous No deduc tible applies to glass if theglass is re- leases. paired,inamanneracceptabletous,ratherthan
replaced.2. This coverageonly applies to a "loss" which is also covered under this policy for Com- P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverageappliesonlytoa covered"au- Collisioncoverage. to" for which Physical Damage Coverage is

3. Coverage does not apply to any unpaid providedonthis policy. amountdueon a loan for which the covered 2. We will pay for rental reimbursement ex- “auto”is notthesolecollateral. penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto"becauseof "loss"to a covered"auto".

PARTS – LEASED PRIVATE PASSENGER Paymentappliesin addition to the otherwise TYPES applicable amount of each coverage you
have on a covered "auto." No deductiblesUnder Paragraph C. Limit of Insurance of applytothiscoverage.SECTION III – PHYSICAL DAMAGE
COVERAGE,Section4isaddedasfollows: 3. We will payonlyforthoseexpensesincurred during the policy period beginning 24 hours4. We will use new original equipment vehicle after the"loss"andending,regardlessof themanufacturer parts for any private passen- policy's expiration, with the lesser of theger type covered “auto” where required by followingnumberofdays:the lease agreement which has a term of at least six months. If a new original equip- a. The number of days reas onably ment vehiclemanufacturerpart is not in pro- requiredto repair orreplacethecovered duction or distribution we may use a like, "auto". If "loss" is caused by theft, this kindandqualityreplacementpart. number of days is addedto the number of days it takes to locate the coveredO. DEDUCTIBLE AMENDMENTS "auto"andreturnit toyou.The following areaddedto the Deductible provi- b. The number of days shown in thesion of SECTION III – PHYSICAL DAMAGE Schedule.COVERAGE:

4. Our payment is limited to the lesser of theIf anotherpolicy or coverageform that is not an followingamounts:automobile policy or coverage form issued by this companyappliesto the same“accident”,the a. Necessary and actual ex penses followingapplies: incurred.

1. If the deductible under this coverage is the b. $75 for any one day or for a m aximum smaller (or smallest) deductible, it will be of30days.
waived: 5. This coverage does not apply while there

2. If the deductible under this coverage is not arespareor reserve"autos"availableto you thesmaller (orsmallest) deductible,it will be for your operations. reduced by the amount of the smaller (or 6. If "loss" results from the total theft of a cov- smallest)deductible. ered "auto" of the private passenger type, If a Comprehensiveor SpecifiedCausesof Loss we will pay under this coverage only that Coverage “loss” from one “accident” involves amount of your rental reimbu rsement ex- two or more covered “autos”, only the highest penseswhichis notalreadyprovidedfor un- deductible applicable to those coverageswill be der SECTION III – PHYSICAL DAMAGE appliedto the “accident,”if the causeof the loss COVERAGE CoverageExtension. is coveredfor thosevehicles.This provisiononly Q EXPANDED TRANSPORTATION EXPENSE. applies
if you carry Comprehensiveor Specified Paragraph A.4.a. of SECTION III – PHYSICALCauses of Loss Coverage for those vehicles, DAMAGE COVERAGE is replacedbyth efollow-and does not extend coverage to any covered ing:“autos” for which you do not carry such We will pay up to $50 per day to a maximum ofcoverage.
$1500 for temporary transportation expense in-
curred by you because of the total theft of a

Page 4 of 7 ends

withits permission.

ACP BA 31-0-0215796 LIN7 21279 INSURED COPY AC7005031600 0001 43 0006043 ITEM 10

COMMERCIAL AUTO
AC 70 05 03 16
covered "auto" of the private passenger type. ment manufacturer or other s ources in- We will only pay for those covered "autos" for cluding non-or iginal equipment manu- which you carry Comprehensive or Specified facturersand Causes of Loss Coverage. Wewill pay for tem- b. If a repair or replacementresults in bet- porary transportation expenses incurred during ter than like kind or quality, wewill not theperiodbeginning24 hoursafter the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment.
whenthecovered"auto"isreturnedto useor we 5. If we offer to pay the actual cash value ofpayfor its "loss". the damaged or stolen property, we will R. EXTRA EXPENSE – STOLEN AUTOS value auto advertisingwraps, paint customi- The following paragraph isadded to Coverage zat ion,andsimilar businessrelatedadvertis- Extensions of SEC TION III – PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash v alue of the property. Auto advertising wraps, paint customization, and similarc. We will pay for up to $5,000for the expense business related advertising modificationsof returning a stolen covered “auto” to you. will be valued at the cost to replace themWe will payonly for those covered “autos” with an adjustment made for depreciationfor whichyoucarryComprehensiveorSpec- andphysicalcondition.ifiedCausesof LossCoverage
T. NEW VEHICLE REPLACEMENT COSTS. PHYSICAL DAMAGE LIMIT OF INSURANCE The following is addedto the Limit of InsuranceUnder SECTION III – PHYSICAL DAMAGE provision of SECTION III – PHYSICALCOVERAGE, Paragraph C., Limit of Insurance DAMAGE COVERAGE:isreplacedby thefollowing:

5. The provisions of paragraphs 1. and 3. doC.Limit Of Insurance not apply to a covered “auto“ of the private1. The most we will pay for “loss” in any one passenger type or a vehicle with a gross“accident”isthelesserof: vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged lesswhichisa“newvehicle.” or stolen property as of the time of the In the event of a total “loss” to yournew ve-“loss”,or hicle to which this coverageapplies, wewill b. The cost of repairing or replacing the payatyouroption:
damagedorstolen property. a. The verifiable “new vehicle” purchase

2. $1500 is the most we will pay for “loss” in price you paid for your damaged vehi- any one “accident” to all electronic equip- cle, not including any insurance or war- ment that reproduces, receives or transmits rantiespurchased; audio, visual or data signals which, at the b. If it is available, the purchase price, astimeof “loss”,is: negotiated by us, of a “new vehicle” of a. Permanently installed in or upon the the same make, model, and equipment covered “auto” in a housing, opening or or the most similar model available, not other location that is not normally used including any furnishings, parts, or by the “auto” manufacturer for the in- equipmentnot installed b y the manufac- stallationof suchequipment. turerormanufacturers’dealership;or. b. Removablefrom a permanentlyinstalled c. The market value of your damaged ve- housing unit as described in Paragraph hicle, not including any furnishings,

2.a. above or is an integral part of that parts, or equipment not installed by the equipment;or manufacturer or manufacturer’s dealer-
c. Anintegralpartofsuchequipment. ship.

3. An adjustment for depreciationand physical We will not pay for initiation or set up costs condition will be made in determining actual associatedwithloansorleases cashvaluein theeventofa total“loss”. As used in this endorsement, a “new

4. Thecostofrepairingorreplacingmay: vehicle” means an “auto” of which you are the original owner that has notbeen previ-a. Be basedon an estimatewhichincludes parts furnished by the original equip-
AC 70 05 03 16 Page 5 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc., withits permission
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COMMERCIAL AUTO
AC 70 05 03 16
ously titled and which you purchased less a. YourobligationintheDutiesi ntheEvent than365daysbeforethedateofthe“loss”. of Accident, Claim, Suit or Loss Condi- tion relativeto notificationrequirements
applies only when the “accident” orU. PHYSICAL DAMAGE COVERAGE “loss”isknownto:EXTENSIONS (1) You,if youareanindividual;Under SECTION III – PHYSICAL DAMAGE (2) Apartner,if youareapartnership;COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by (3) A member, if youare a limited liability
thefollowing: company;or
b. LossofUseExpenses (4) An executive officer or insurance manager,if youareacorporation.For Hired Auto Physical Damage, we will pay expenses for which an “insured” be- b. Yourobligationinthe. Duties intheEvent comes legally responsible to pay for loss of ofAccident,Claim, Suit or LossCondition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or “suit”will not be agreement. We will pay for loss of use ex- considered breached unless the breach pensesif causedby: occurs after suchclaim or “suit” is known to:(1) Other than collision if the Declarations
indicate that Comprehensive Coverage (1) You,if youareanindividual; isprovidedforanycovered“auto”; (2) Apartner, if youareapartnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations indicate that Specified liabilitycompany;or Causes of Loss Coverage is provided (4) An executive officer or insuranceforanycovered“auto”;or manager,ifyouareacorporation.(3) Collision onlyif theDeclarationsindicate that Collision Coverage is provided for
X. HIRED CAR – COVERAGE TERRITORYanycovered“auto.”
Item (5) of the Policy Period,CoverageTerritoryHowever, the most we will pay for any GeneralConditionssreplacedbyth efollowing:expensesfor lossof useis $50perday,to a maximumof$1,500.Theinsuranceprovided (5) Anywherentheworldifa covered“auto” is by this provision is excess over any other leased, hired, rented or borrowed without a collectibleinsurance. driverforaperiodof30daysorless;and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT
AGAINST OTHERS TO US We will reimburse youupto$100for reasonable The following isaddedto the Transfer OfRights expenseincurred for the servicesof a locksmith Of RecoveryAgainstOthersTo UsCondition: to gain entry into your covered “auto” subject to theseprovisions:We waive any right of recovery we may
have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked in your tract executed prior to any “accident” be- covered “auto” and you are unable to enter cause of payments we make for damages such“auto”,or
underthiscoverageform. 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unableto enter such "auto"as a re- OCCURRENCE sult,

3. Your key, electronic key or key entry padSECTION IV – BUSINESS AUTO has been lost or st olen and yo u haveCONDITIONS, ParagraphAisam endedas changedthelock topreventanunauthorizedfollows:
entry;and6. NOTICEOFANDKNOWLEDGEOF

OCCURRENCE

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ACP BA 31-0-0215796 LIN7 21279 INSURED COPY AC7005031600 0001 43 0006045 ITEM 10

COMMERCIAL AUTO
AC 70 05 03 16

4. Original copies of receipts for services of a If we cancel for any reason other than non- locksmith must be provided before reim- payment of premium, wewill mail ordeliver bursementispayable. to the First Named Insured written notice of cancellation at least 60 days before the ef-Z. CANCELLATION CONDITION fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply in those states that require CONDITION – CANCELLA TION applies more than 60 days prior notice of cancella- exceptas follows: tion.

AC 70 05 03 16 Page 7 of 7IncludescopyrightedmaterialofInsuranceServicesOffice,Inc., withits permission
ACP BA 31-0-0215796 LIN7 21279 INSURED COPY AC7005031600 0001 43 0006046 ITEM 10

COMMERCIAL AUTO
AC 04 44B 03 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF TRANSFER OF RIGHTS OF

RECOVERY AGAINST OTHERSTO US
(WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

The Condition does not apply to any person(s) orTransfer Of Rights Of Recovery Against Others To Us organization(s) to the extent that subrogation is waived prior to any "accident" or "loss" under a written contract with that person or organization.

AC 04 44B 03 16 Page 1 of 1Includes copyrighted material of Insurance Services Office, Inc. with its permission.

ACP BA 31-0-0215796 LIN7 21279 INSURED COPY AC0444031600 0001 43 0006034 POLICY NUMBER: 3100215796
ITEM 10
POLICY NUMBER: GLP196193200
CG 20 10 (Ed. 04/13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
Schedule
© Insurance Services Office Inc., 2012
CG 20 10 (Ed. 04/13) (Page 1 of 2)
Name of Additional Insured Person(s) or Organization(s)

ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED AND AGREED TO NAME AS AN ADDITIONAL INSURED ON YOUR POLICY UNDER:

1. WRITTEN CONTRACT OR AGREEMENT THAT IS IN EFFECT DURING THE TERM

OF THIS POLICY AND SUCH CONTRACT IS ENTERED INTO PRIOR TO THE "OCCURRENCE" OF ANY "BODILY INJURY", "PROPERTY DAMAGE", "PERSONAL INJURY" OR "ADVETISING INJURY",
OR

2. AN ORAL CONTRACT OR ORAL AGREEMENT WITH A PERSON OR ORGANIZATION

WHEN A CERTIFICATE OF INSURANCE SHOWING THAT PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED HAS BEEN ISSUED; AND SUCH ORAL CONTRACT OR

ORAL AGREEMENT IS IN EFFECT DURING THE TERM OF THIS POLICY AND IS ENTERED INTO PRIOR TO THE "OCCURRENCE" OF ANY "BODILY INJURY" "PROPERTY DAMAGE", "PERSONAL INJURY", OR "ADVERTISING INJURY".

Location(s) of Covered Operations
ANY LOCATION WITHIN THE "COVERAGE TERRITORY".

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

1. your acts or omissions; or

2. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated above.

However;

1. the insurance afforded to such additional insured only applies to the extent permitted by law; and

2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to ITEM 10
© Insurance Services Office, Inc., 2012
CG 20 10 (Ed. 04/13) (Page 2 of 2)
such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or "property damage" occurring after:

1. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or

2. that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

C. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS Of INSURANCE:

If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance:

1. required by the contract or agreement; or

2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

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CG 20 37 (Ed. 04/13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
© Insurance Services Office, Inc., 2012
CG 20 37 (Ed. 04/13) (Page 1 of 2)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
Schedule
Name of Additional Insured Person(s) or Organization(s):

ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED AND AGREED TO NAME AS AN ADDITIONAL INSURED ON YOUR POLICY UNDER:

1. A WRITTEN CONTRACT OR AGREEMENT THAT IS IN EFFECT DURING THE TERM

OF THIS POLICY AND SUCH CONTRACT IS ENTERED INTO PRIOR TO THE "OCCURRENCE" OF ANY "BODILY INJURY", "PROPERTY DAMAGE", "PERSONAL INJURY", OR "ADVERTISING INJURY",
OR

2. AN ORAL CONTRACT OR ORAL AGREEMENT WITH A PERSON OR ORGANIZATION

WHEN A CERTIFICATE OF INSURANCE SHOWING THAT PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED HAS BEEN ISSUED; AND SUCH ORAL CONTRACT OR

ORAL AGREEMENT IS IN EFFECT DURING THE TERM OF THIS POLICY AND IS ENTERED INTO PRIOR TO THE "OCCURRENCE" OF ANY "BODILY INJURY", "PROPERTY DAMAGE", "PERSONAL INJURY", OR "ADVERTISING INJURY".

Location and Description of Completed Operations:

ANY LOCATION WITHIN THE "COVERAGE TERRITORY", AND FOR ALL COMPLETED OPERATIONS.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for " bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that Additional Insured and included in the "products-completed operations hazard." POLICY NUMBER: GLP196193200
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© Insurance Services Office, Inc., 2012
CG 20 37 (Ed. 04/13) (Page 2 of 2)
However:

1. the insurance afforded to such additional insured only applies to the extent permitted by law; and

2. if coverage provided to the Additional Insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

B. With respect to the insurance afforded to these Additional Insureds, the following is added to SECTION III - LIMITS OF INSURANCE:

If coverage provided to the Additional Insured is required by a contract or agreement, the most we will pay on behalf of the Additional Insured is the amount of insurance:

1. required by the contract or agreement; or

2. available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

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CG 90 53 (Ed. 04/16) (Page 1 of 14)
CG 90 53 (Ed. 04/16)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ELEVATOR CONTRACTOR PLUS ENDORSEMENT
This endorsement m odifies insurance provided under the follo wing:

COMMON POLICY CONDITIONS

COMMERCIAL GENERAL LIABILITY COVERAGE PART
This is a summary of the various additional cover ages and coverage modifications provided by this endorsement. For complete details on specific coverages, consult the act ual policy wording.

Coverage Limit of Insurance Page
Non-Owned Aircraft Inc luded 2
Non-Owned Watercraft Inc luded 2
Property Damage Elevators Inc luded 3
Property Damage Liability - Borrowed E quipment Included 3 Damage to Premises Rented to You $300,000 3
Medical Payments Extension $10,000 4
Supplementary Payments - Bail Bonds $1,000 5
Supplementary Payments - Loss of Earnings $500 5
Broadened Named Insured Inc luded 5
Newly Formed or Acquired Or ganization Included 5
Additional Insureds W hen Required by Written Contract, Inc luded 6 Written Agreement or Permit
Primary and Non-Contributory Additi onal Insured Extension Inc luded 10 Additional Insureds - Limits of Insurance Inc luded 11
Knowledge of Occurrence, Claim or Suit Inc luded 11
Unintentional Failure to Disclose Hazards Included 11
Notice of Occurrence Included 11
Amended Bodily Injury Def inition Inc luded 12
Broadened Mobile Equipment Included 12
POLICY NUMBER: GLP196193200
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CG 90 53 (Ed. 04/16) (Page 2 of 14)
Coverage Limit of Insurance Page
Personal and Advertising I njury Definition Amendment Included 12 of Discrimination and Humiliation
Incidental Malpractice Liability Included 12
Waiver of Transfer of Rights of Recovery A gainst Others to Us Included 13 Amended Insured Cont ract Definition Included 13
Notice of Cancellation to Cer tificate Holder(s) Included 14 A. Non-Owne d Aircraft
Under paragraph 2. Exclusions of SECTION I - Co verage A - Bodily Injury and Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an ai rcraft provided:

1. It is not owned by any insured;

2. It is hired, chartered or loaned with a trained paid crew;

3. The pilot in command holds a currently effective certificate, issued by th e duly constituted authority of the United States of America or C anada, designating him or her a commercial or airline pilot; and

4. It is not being used to carry persons or property for acharge.

However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this Poli cy), contingent or on any other basis, that would also apply to the loss covered under this provision.

B . Non-Owned Wat ercraft

1. Under Paragraph 2. Exclusions of SECTION I - Co verage A - Bodily Injury and Property Damage Liability , Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:

This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 51 feet long; and
(b) Not being used to carry persons or pr operty for acharge; However, the insurance afforded by this provision does not apply to wate rcraft 27 to 51 feet long if there is av ailable to the Insured other valid and c ollectible insurance, whether primary, excess (other than insurance written to apply specific ally in excess of this Policy), contingent or
on any other basis, that would also apply to the loss covered under this provision.

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CG 90 53 (Ed. 04/16) (Page 3 of 14)

2. The following is added to SECTION II - WHO IS AN INSURED :

With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, any person is an insured while operating such watercraft with your permiss ion. Any other person or organization res ponsible for the c onduct of such person is also an insured, but only with respect to liability arisin g out of the operation of the watercraft, and only if no other insurance of any kind is av ailable to that person or organization for this liability.

However, no person or or ganization is an insured with respect to:
a. "Bodily injury" to a co-"em ployee" of the person operating the wate rcraft; or b. "Property dam age" to pr operty owned by, rented to, in charge of or occ upied by you or the employer of any person who is an insured under this provision.

C. Property Damage - Elevators

1. Under Paragraph 2. Exclusions of SECTION I - Co verage A - Bodily Injury and Property Damage Liability, Subparagraphs (3), and (4) of exclusion j. Damage To Property do not apply if such "property dam age" results from the use of elevators.

2. The following is added to SECTION IV - CO MMERCIAL GENERAL LIABILITY CONDITIONS, Condition 4. Other Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess ove r any property insurance, whether primary, excess, cont ingent or on any other basis.

D. Property Damage Liability - Borrowed E quipment

1. Under Paragraph 2. Exclusions of SECTION I - Co verage A - Bodily Injury and Property Damage Liability, Subparagraph (3), and (4) of exclusion j. Damage To Property do not apply to "property dam age" to borr owed equipment while not being used to perform operations at a job site.

The insurance afforded by this provision of this endorsement is excess ove r any property insurance, whether primary, excess, cont ingent or on any other basis.

E. Damage To Premises Rented To You
If Damage to Premises Rented to You is not otherwise excluded from this Cove rage Part:

1. Under Paragraph 2. Exclusions of SECTION I - Co verage A - Bodily Injury and Property Damage Liability:

3. The last paragraph of Paragraph 2. Exclusions is deleted in its entirety and replaced by the following:

Exclusions c. through n. do not apply to damage by fire, l ightning, or "explosion" to premises while rented to you or temporarily occupied by you with permissiono ft h e owner. A separate limit of insurance applies to this coverage as de scribed in SECTION III - LIMITS OF INSURANCE.

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CG 90 53 (Ed. 04/16) (Page 4 of 14)

2. Paragraph 6. under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following:

6. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of "property dam age" to any one premises, while rented to you, or in the case of damage caused by fire, lightning, or "explosion" while rented to you or tem porarily occupied by you with the permission of the owner, for all such damage caused by fire, lightning, or "explosion" proximately caused by the same event, whether s uch damage results from fire, lightning, or "explosion" or any combination of the thr ee, shall be the greater of:
a. $300,000; or
b. the amount s hown in DAMAGE TO PREMISES RENTED TO YOU-INCREASED LIMIT, CG8449 , if attached to the Policy.

3. Under SECTION IV - Commercial General Lia bility C onditions, Subsection 4. Other Insurance, Paragraph b. Excess Insurance, item (ii) where the words "Fire insurance" appear they are changed to "insurance for fire, lightning, or "explosion.""

4. As regards coverage provided by this provision E. DAMAGE TO PREMISES RENTED TO YOU, Paragraph 9.a. of SECTION V - DEFINITIONS is replaced with the follo wing:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, l ightning, or "explosion", to premises while rented to you or temporarily occ upied by you with the permission of the owner is not an "insured contract".

5. As regards coverage provided by this provision E. DAMAGE TO PREMISES RENTED TO YOU, SECTION V - DEFINITIONS is amended by the addition of the following def inition:
"Explosion" means a sudden release of expanding pressure a ccompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone.

Explosion does not include any of the following:
(a) artificially generated electrical current inc luding electrical arc ing, that disturbs electrical devices, appliances or wires;
(b) rupture or bursting of water pipes;
(c) explosion of steam boilers, steam pipes, steam engines or steam tur bines owned or l
eased by you, or operated under your control; or
(d) rupture or bursting caused by centrifugal force.

F. Medical Payments Extension
If Coverage C - Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:

Under paragraph 1.a. Insuring Agreement of SECTION I - Co verage C - Medical Payments, paragraph 1.a.(b)is amended as follows:

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CG 90 53 (Ed. 04/16) (Page 5 of 14)
(b) The expenses are incurred and r eported to us within three years of the date of the acci dent; and
The Medical Expense Limit in paragraph 7. of SECTION III-LIMITS OF INSURANCE is replaced by the following Medical Expense Limit:

The Medical Expense Limit provided by this Policy s hall be the greater of:
a. $10,000; or
b. the amount shown in the Declarations for Medical Expense Limit.

This provision 7. is subject to all the terms of SECTION III - LIMITS OF INSURANCE .

G. Supplementary Payments

1. In the Supplementary Payments - Coverages A and B provision, paragraph 1.b. is replaced with:
b. Up to $1,000 for the cost of bail bonds required because of acc idents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury L iability Coverage applies. We do not have to furnish these bonds.

2. In the Supplementary Payments - Coverages A and B provision, paragraph 1.c. is replaced with:
c. The cost of appeal bonds or bonds to r elease attachments, but only for bond am ounts within the applicable Limit of Insurance. We do not have to furnish these bo nds.

3. In the Supplementary Payments - Coverages A and B provision, paragraph 1.d. is replaced by the following:
d. All reasonable ex penses incurred by the Insured at our request to assist us in the investigation or defense of the c laim or "suit," including actual loss of earnings up to $500 a day because of time off work.

H. Broadened Named Insured
Under SECTION II - WHO IS AN INSURED, the following item 2.e. is added:
e. Any subsidiary and subsidiary thereof, of yours which is a legally incorpo rated entity of which you own a financial interest of more than 50% of voting stock on the effectiv e date of this Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a Named Insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its term ination or the exhaustion of its Limits of Insurance.

I. Newly Formed or Acquired Organizations
Paragraph 3. of SECTION II - WHO IS AN INSURED is replaced by the following:

3. Any organization you newly acquire or form and over which you maintain owne rship or majority interest, will qualify as a Named Insured if there is no other sim ilar insurance av ailable to that organization. However:

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CG 90 53 (Ed. 04/16) (Page 6 of 14)
a. coverage under this provision is afforded only until the 180th day after you ac quire or form the organization or the end of the policy period, whichever is earlier; b. coverage A does not apply to " bodily injury" or "pr operty dam age" that occurred before you acquired or formed the organization;
c. coverage B does not apply to "personal and adver tising injury" arising out of an offense committed before you acquired or formed the organization; and d. records and descriptions of operations must be maintained by the first Nam ed Insured.

No person or organization is an insured with respect to the c onduct of any current or past partnership, joint venture or limited liability com pany that is not s hown as a Named Insured in the Declarations or qualifies as an insured under this provision.

J. Blanket Additional Insureds When Required by Written Contract, Writte n Agreement or Permit The following is added to SECTION II - WHO IS AN INSURED :

4. Additional Insureds When Required by Written Contract, Written Ag reement or Permit a. The persons or organizations de scribed in paragr aphs b. through g. below are also insureds (andmay also be referred to below as additional insureds), but only if:
(1) either:
(a) you have agreed, in a written contract or oral agreement, to have such perso no r organization added as an additional insured under this Policy; or (b) a permit issued to you by a state or political subdivision r equires such person or organization to be added as anadditional insured under this Policy; and
(2) the "bodily inju ry," "pr operty dam age," or offense causing "pers onal and advertising injury" occurs subsequent to execution of the contract or agreement, or is suance of the permit.

No person or organization is an additional insured under paragraphs b. through g. if such person or organization is an insured by virtue of an endorsement issued by us and attached to this Policy.
b. Vendors
(1) Subject to a., above, any person or organization that distr ibutes or sells "your product" in the regular course of that person's or organization's business (referr ed to below as vendor) as an additional insured, but only with respect to " bodily injury" or "pr operty damage" arising out of "your products" which are distr ibuted or sold in the r egular course of the vendor's bus iness, and only if this Policy prov ides coverage for " bodily injury" or "pr operty dam age" incl uded within the "pr oducts-completed operations hazard."
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CG 90 53 (Ed. 04/16) (Page 7 of 14)
However:
(a) the insurance afforded to such vendor only applies to the extent permitted by law; and
(b) the insurance afforded to such vendor will not be broader than that which yo ua r e required by the contract or agreement to provide for such v endor. (2) No vendor is an insured with respect to any:
(a) "bodily injury" or "pr operty dam age" for which the v endor is obligated to pay damages by reason of the assumption of liability in a contract or agreement .T h i s exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement;
(b) express warranty unauthorized by you;
(c) physical or chemical change in the product made intenti onally by the vendor; (d) repackaging, except when "your pr oduct" is unpacked s olely for the purpose of inspection, demonstration, testing or the substitution of parts under in structions from the manufacturer, and then repackaged in the original container; (e) failure to make such inspections, adjustments, tests or servicing as the v endor has agreed to make or normally undertakes to make in the usual course of bus iness, in connection with the distribution or sale of the pr oduct; (f) demonstration, inst allation, servicing or r epair of "y our product," except such operations performed at the vendor's premises in connection with the sale of the product;
(g) product which, after distribution or sale by you. Has been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "bodily injury" or "pr operty dam age" arising out of the sole negligence of:
(i) the vendor for its own acts or omiss ions; or
(ii) the vendor's employees or anyone else acting on its behalf.

However, paragraph (h)does not apply to:
(i) the exceptions cont ained in subparagraphs (d) or (f);or (ii) such inspections, adjustments, tests or servicing as the vendor has agree dt o make or normally undertakes to make in the usual course of bus iness, in connection with the distribution or sale of the products. (3) The coverage afforded for vendors under paragraph b. does not apply to any person or organization from whom you have ac quired either such pr oducts, or any ingredient, part or container, entering into, a ccompanying or containing such pr oducts.

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CG 90 53 (Ed. 04/16) (Page 8 of 14)
c. Lessors of Equipment
(1) Subject to a., above, any person or organization from whom you lease equipment is an additional insured, but only with respect to liability for " bodily inju ry," "property dam age" or "personal and adverti sing injury" caused, in whole or in part, by your m aintenance, operation or use of equipment you lease from that person or or ganization. However:
(a) the insurance afforded to such additional insured only applies to the exte nt permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
(2) No such person or organization is an additional insured as respects any:
(a) "occurrence" which takes place before the equipment lease begins or after the equipment lease expires, or
(b) "bodily inju ry," "property dam age," or "personal and advertising injury" arising out of the sole negligence of such person(s) or or ganization(s). d. Lessors of Land or P remises
(1) Subject to a., above, any person or organization from whom you lease land or premises is an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you.

However:
(a) the insurance afforded to such additional insured only applies to the exte nt permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
(2) No such person or organization is an additional insured as respects any:
(a) "occurrence" that takes place before you lease that land or premises; or (b) "occurrence" that takes place after your lease ends; or (c) structural alteration, new construction or dem olition operation performed by or on behalf of such person(s) or or ganization(s).
e. Architects, Engineers or Su rveyors
(1) Subject to a., above, any person or organization you engage as an architect, engineer, or surveyor is an additional insured, but only with respect to liability fo r "bodily inju ry," "property dam age" or "pers onal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behal fi n connection with your premises or in the performance of your ongoing operations:

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CG 90 53 (Ed. 04/16) (Page 9 of 14)
However:
(a) the insurance afforded to such additional insured only applies to the exte nt permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
(2) No such person or organization is an "additional insured" with respect to any:
(a) "bodily inju ry," "property dam age" or "personal and advertising injury" arising out of the rendering of or the failur e to render any profess ional service by or for you, including:
(i) the preparing, approving, or failing to pr epare or approve, any map, shop drawing, opinion, r eport, survey, field order, c hange order, dr awing, specification; or
(ii) any supervisory, inspection, archit ectural or engineering activity. f. Permits Or Authorizations Relating To Premises Issued By State Or Gover nmental Agency Or Subdivision Or Political Subdivision
(1) Subject to a., above, any federal, state, or local government or governmental agency or subdivision or political subdivision that issues you a permit. (2) No such government or agency is an additional insured with respect to any:
(a) "bodily inju ry," "pr operty dam age" or "pers onal or advertising injury" arising out of operations performed for that government or agency; or
(b) "bodily inju ry," "property dam age" or "personal or advertising injury" inc luding within the products-completed operations hazard."
g. Any Other Party
(1) Subject to a., above, any person or organization de scribed neither:
(a) as an insured inSECTION II - WHO IS AN INSURED , 1. through 3. , nor (b) as an additional insured in b. through f. above,
is an additional insured, but only with respect to liability for " bodily inju ry," "pr operty damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(i) i
n the performance of your ongoing operations;
(ii) in connection with premises owned by or rented to you; or (iii) in connection with "your work" and incl uded within the "pr oducts-completed operations hazard," but only if:

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CG 90 53 (Ed. 04/16) (Page 10 of 14)
i. the written contract or agreement requires you to provide such coverage to such additional insured; and
ii. this Coverage Form provides coverage for " bodily injury" or "pr operty damage" within the "pr oducts-completed operations hazard." However:
(a) the insurance afforded to such additional insured only applies to the exte nt permitted by law; and
(b) the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such "additional insured."
(c) with respect to the insurance afforded these additional insured (s), this insurance does not apply to "bodily injury," "pr operty dam age," or "pers onal and advertising injury" arising out of an architect's, en gineer's, or surveyor's r endering or failure to render any professional architectural, engineering or surveying services, inclu ding:
(i) the preparing, approving, or failing to pr epare or approve maps, shop drawings, opinions, r eports, surveys, field orders, c hange orders or dr awings and specifications; and
(ii) supervisory, inspection, architec tural or engineering activities.

K. Primary and Non-Contributory Additional Insured Extension This provision applies to any person or organization who qualifies as an Ad ditional Insured under any form or endorsem ent under this Policy.

Condition 4. Other Insurance of SECTION IV - CO MMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is added to Paragraph a. Primary Insurance :

This insurance is primary to and will not seek contribution from any other i nsurance available to an Additional Insured under your policy provided that:
(1) the Additional Insured is a Named Insured under such other insurance; and (2) you have agreed in writing in a contract or agreement that this insurance wo uld be primary and would not seek contribution from any other insurance av ailable to the Additi onal Insured.

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CG 90 53 (Ed. 04/16) (Page 11 of 14)
L. Additional Insureds - Limits of Insurance
The following is added to SECTION III - LIMITS OF INSURANCE :

Additional Insureds - Limits of Insurance
The most we will pay on behalf of any additional insured de scribed in J., above is the amount of insurance:
a. required by contract or agreement; or
b. available under the applicable Limits of Insurance s hown in the Declarations whichever is less.

Such amounts shall not increase the applicable Limits of Insurance s hown in the Declarations.

M. Knowledge of Occurrence, Claim or Suit
Under SECTION IV - CO MMERCIAL GENERAL LIABILITY CONDITIONS , the following is added to Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit :

Knowledge of any "occurrence"; c laim, or "suit" by any agent, servant or "em ployee" of the Named Insured does not in itself constitute knowledge by the Insured unless noti ce of such "occurrence", claim or "suit" shall have been received by:
a. you, if you are an individual;
b. a partner, if you are a partnership; or
c. an executive officer or insurance manager, if you are a corporat ion; d. a manager, if you are alimited liability com pany;
e. a trustee, if you are a trust;
f. an elected or appointed official, if you are a political s ubdivision or public entity.

N. Unintentional Fa ilure to Disclose Hazards
Under SECTION IV - CO MMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to Condition 6. Representations:

Failure of the Insured to disclose all hazards existing as of the inception date of this Policy shall not prejudice the insurance with respect to the coverage afforded by this Poli cy, provided such failure or omission is not intentional on the part of the Insured.

O. Notice of Occurrence
The following is added to SECTION IV - CO MMERCIAL GENERAL LIABILITY CONDITIONS , 2.

Duties in the Event of Occurrence, Offense, Claim or Suit , a.:

Failure of the insured to give first report of a c laim to us shall not invalidate coverage u nder this Policy if the loss was inadvertently r eported to another insurer. However, you s hall report any such occurrence to us as soon as practicable once you become aware of such an erro r.

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CG 90 53 (Ed. 04/16) (Page 12 of 14)
P. Amended Bodily Injury Def inition
Under SECTION V - DEFINITIONS , Definition 3. Bodily Injury is replaced by the following:

3. "Bodily injury" means bodily injury, sickness, or disease or "inc idental medical m alpractice" sustained by a person, including death of a person. "B odily Injury" also m eans mental anguish, mental injury, or shock, if directly resulting from physical injury, sick ness, or disease to that person.

Q. Broadened Mobile E quipment

1. Under SECTION V - DEFINITIONS , Definition 1 2 . Mobile E quipment, the following is added under 12.f.(1):

Provided that the vehicles have a Gross Vehicle Weight of 1,000 pounds or greater.

2. The following is added to SECTION II - WHO IS AN INSURED :

With respect to "mobile equipment" r egistered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization res ponsible for the c onduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that pe rson or organization for this liability. However, no person or or ganization is an insured with respect to:
a. "Bodily injury" to a co-"em ployee" of the person driving the equipment; or b. "Property dam age" to pr operty owned by, rented to, in charge of or occ upied by you or the employer of any person who is an insured under this provision.

R. Personal and Advertising Injury Def inition Amendment of Discrimination or Hum iliation Under SECTION V - DEFINITIONS , Definition 14. Personal and Advertising Injury ,i t e m14.h. is added:
h. discrimination or hum iliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or hum iliation is:
(1) not done intenti onally by or at the direction of;
(a) an insured; or
(b) any "executive officer" director, stockholder, partner or member of the I nsured; and (2) not directly or indirectly related to the employment, prospective em ployment or termination of employment of any person or persons by any insured.

S
. Incidental Malpractice Liability
1 . SECTION II - WHO IS AN INSURED is amended by deleting item 2.a.(1)(d) in its entirety and replacing it with the following:
(d) Arising out of his or her providing or f ailing to provide profess ional health care services.

However, this exclusion does not apply to physic ians, dentists, nurses, emer gency medical technicians or paramedics who are employed by you to provide medical or par amedical services.

ITEM 10
Includes copyr ighted material of Insurance Services Office, Inc., with its permiss ion.

CG 90 53 (Ed. 04/16) (Page 13 of 14)

2. Under SECTION V - DEFINITIONS is amended by the addition of the following def inition:
"Incidental medical malpractice" means bodily injury arising out of the negligent rendering or failure to render m edical or paramedical services to persons by any physician, dentist, nurs e, emergency m edical technician or paramedic who is employed by you to provide such servi ces provided you are not engaged in the business or occ upation of providing any services referred to in this definition.

T. In SECTION IV - CO MMERCIAL GENERAL LIABILITY CONDITIONS , the following is added at the end of Condition 8. Transfer of Rights of Recovery Against Others to Us :

We waive any right of recovery we may have against a person or or ganization because of payments we make for injury or damage arising out of:
a. your ongoing operations; or
b. "your work" pursuant to a written contract between you and that person or or ganization and included in the "products-completed operations hazard"; but only if:
c. you and that person or organization have agreed, in a written contract or ag reement, that you waive such rights against that person or or ganization; and d. the injury or damage occurs only after you and that person or or ganization have signed the written contract or agreement described in c.

U. Amended Insured Contract Def inition

1. Under SECTION V - DEFINITIONS , 9. "Insured Contract" , c. is replaced by the following:
c. any easement or license agreement, except in connection with constructio n or demolition operations on or within 50 feet of ar ailroad;

2. Under SECTION V - DEFINITIONS , 9. "Insured Contract" , f. is replaced by the following:
f. that part of any other contract or agreement pertaining to your business (i ncluding an indemnification of a m unicipality in c onnection with work performed for a m unicipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property dam age" to a third person or organization. Tort liability m eans aliability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. includes that part of any contract or agreement:
(1) that indemnifies a railroad for "bodily injury" or "pr operty dam age" arising out of construction or demolition operations , within 50 feet of any railroad pro perty and affecting any railroad br idge or trestl e, tracks, r oad-beds, t unnel, underpass or crossing;
However, Paragraph f. does not include that part of any contract or agreement:
(1) that indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) preparing, approving, or failing to pr epare or approve, maps, shop dr awings, opinions, r eports, surveys, field orders, c hange orders or dr awings and specifications; or
* HB * 10/05/2020 * GLP 1303171 04 GREAT AMERICAN INSURANCE COMPANY 108429
ITEM 10
Includes copyr ighted material of Insurance Services Office, Inc., with its permiss ion.

CG 90 53 (Ed. 04/16) (Page 14 of 14)
(b) giving directions or instructions, or f ailing to give them, if that is the primary cause of the injury or damage; or
(2) under which the Insured, if an architect, engineer or survey or, assumes li ability for an injury or damage arising out of the I nsured's rendering or failure to rende r professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities.

V. The following Conditions are added to the COMMON POLICY COND ITIONS:

1. In the event of a cancellation, we will give written notice of such cance llation to certificate holder(s) at least 10 days before the effective date of cance llation if we cancel for nonpayment of premium or 30 days before the effective date of cancellation if we cancel for any other reason. The notice to the certificate holder(s) will state the effective date of the cancellation.

However, such notice of cancellation is s olely for the purpose of informing the certificate holder(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy.

2. This endorsement does not entitle the certificate holde r(s) to any benefit, rights or protection under this policy.

3. Notices will be sent to the certificate holde r(s) accor ding to the information on file with the agent of record or with us. If the information provided for said certificat e holder(s) is not accurate we assume no responsibility for the failure to notify. We will assume that all information pertaining to the certificate holde r(s), including the m ailing or email address, is accurate and correct as provided to the agent of record or to us.

4. Failure to give notice in accordance with the terms of this Condition does not:
a. Alter the effective date of policy canc ellation, nonrenewal or expiration; b. Render such cancellation ineffective;
c. Grant, alter, or extend any rights or obligations under this policy; or d. Extend the insurance beyond the effective date of cancellation or policy e xpiration, whichever comes first.
e. Impose any obligations or liability of any kind upon us, our agents or representatives.

ITEM 10

INSURED

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective
10/01/2022 Policy No. WIL 5057507 02 Endorsement No.

Insured Premium $
Insurance Company
Countersigned By

INSURANCE COMPANY OF THE WEST
ELEVATOR TECHNOLOGY INC INCL.

WC 99 06 34
(Ed. 8-00)
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34

(Ed. 8-00)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be % of the total California Workers’ Compensation premium otherwise due.

Schedule

Person or Organization Job Description

2 ANY PERSON OR

ORGANIZATION FOR

WHOM THE NAMED

INSURED IS REQUIRED

UNDER WRITTEN

CONTRACT TO FURNISH

THIS WAIVER,

CALIFORNIA
OPERATIONS ONLY.

ITEM 10

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023 -XXX, Authorizing the Interim City Manager to Execute a Program Development Agreement with Alliance Building Solutions, Inc. for an Assessment of Energy Efficiency and Renewable Energy Opportunities and Sign the Letter of Agreement RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the Interim City Manager to enter into an agreement with Alliance Building Solutions, Inc. (ABS) for an Energy Study.

I. BACKGROUND:

Staff was contacted by Mr. Jake Torres of ABS regarding a plan for facility an d infrastructure improvements through energy and renewable upgrades. Staff discussed the options that are available through ABS. Mr. Torres explained there is a six -step process the City would be involved in.

ABS is a part of a larger conglomerate know n as Alliance Solutions based out of San Diego, California (see exhibit B).

Staff requests Council approve a Letter of Agreement (LOA) to allow ABS to conduct their survey of the City. There would not be any cost to the City for ABS to conduct the survey.

However, after the City signs the LOA, the City would not be able to enter into any other discussions with another company to conduct the same survey.

If Council decides to continue with ABS the process would include the following:
• Letter of Agreement
• Collect utility data
• Site walks
• Project development
• Project presentation to Council and approval
• Contract execution and implementation process
ITEM 11
After ABS conducts their survey, they would present the options to the Council for final approval. If Council decides not to continue, there is no cost to the City.

II. REASONS FOR RECOMMENDATION:

The City of Ceres is seeing an escalation of costs for electricity. The City has not kept up with the newer technology for light and energy conservation. This study will allow the City to see, and possibly benefit from newer technology. In addition, the study is conducted at no cost or guarantees the City will move forward with ABS.

III. FISCAL IMPACTS:

N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This study will help the City of Ceres develop cost savings for the future and continue to strengthen the City’s fiscally sound outlook.

V. POLICY ALTERNATIVES:

Council may elect to not conduct the study.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Interim City Manager will sign the Letter of Agreement to begin the energy study with Alliance Building Solutions.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B
– Letter of Agreement

3. Attachment C – Energy Efficiency Project
Overview
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROGRAM

DEVELOPMENT AGREEMENT WITH ALLIANCE BUILDING SOLUTIONS, INC. FOR AN ASSESSMENT OF ENERGY EFFICIENCY AND RENEWABLE

ENERGY OPPORTUNITIES AND SIGN THE LETTER OF AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, staff recommends the City Council authorizes the Interim City Manager to enter into an agreement with Alliance Building Solutions, Inc. (ABS) to conduct an Energy Study; and

WHEREAS, this study will create a plan and identify infrastructure improvements using energy and renewable upgrades; and

WHEREAS, once a Letter of Agreement (LOA) is executed between the City and ABS a survey of the City will be conducted at no cost to the City; and

WHEREAS, once the City executes the LOA the City will not be able to enter into any other discussions with another company to conduct the same survey; and

WHEREAS, once the survey is completed, ABS will provide options to Council for final approval; and

WHEREAS, if Council decides to not continue with any of the options presented by ABS there is no cost to the City; and

WHEREAS, the City is seeing an escalation in the cost of electricity and the study will possibly allow the City to benefit from newer technology.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to execute a program development agreement with Alliance Building Solutions, Inc. for an assessment of energy efficiency and renewable energy opportunities and sign the Letter of Agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
12520 High Bluff Drive Suite 345 | San Diego, CA 92130 | 858.333.4775 | 858.356.9651 fax www.absenergy.com | Contractor’s License # 1008135
May 22nd, 2023
Mr. Brad Chapman
Alliance Companies, Inc
12520 High Bluff Drive, Suite 345
San Diego, CA 92130
Dear Mr. Chapman,
The City of Ceres is interested in evaluating the feasibility of an Energy Efficiency Program, including infrastructure modernization, conservation, and sustainability. The implementation of the program is to be self-funded from energy and operational savings.

City of Ceres will support Alliance Companies in conducting a conceptual evaluation of such a program. More specifically the City agrees to:

1. Provide Alliance Companies with utility bill information.

2. Provide staff for a Technical Engineering review meeting with appropriate department managers.

3. Provide staff for a Financial Engineering review meeting with appropriate department managers.

4. If the project meets the City’s needs and is self-funding through savings over the project’s useful life, then request Council to direct staff to procure via CA4217 for the implementation of the project.

Alliance Companies has already agreed to:

1. Develop a comprehensive utility analysis and project feasibility report for self-funding infrastructure improvements.

2. Conduct staff meetings to determine technical needs and financial requirements.

3. Present findings to the committee.

Alliance Companies agrees to provide the City of Ceres with this analysis at no cost or with any expectation of future compensation. While in the scope development process, the City will not engage with any other energy services companies (ESCO’s) for related work.

City of Ceres Alliance Companies, Inc.

BY: ________________________________ BY: __________________________________ Signature Signature
Print Name: _________________________ Print Name: __Brad Chapman______________ TITLE: ______________________________ TITLE: _____Firm President_______________ DATE: ______________________________ DATE: ________________________________

ATTACHMENT B
ITEM 11

ALLIANCE

COMPAN IES
ITEM 11
Energy
Efficiency
Project
Overview

ATTACHMENT C
ITEM 11

ALLIANCE

COMPANIES
■
PAGE 2
Alliance Companies was founded with a passionate spirit to fulfill one objective: deliver sustainable, leading-edge energy solutions that revitalize workspaces in every community. Our group of energy service leaders has crafted creative, innovative solutions to our customers’ most complex energy problems. We create smart buildings that use the best energy-saving technology to seamlessly connect all systems for superior comfort and safety. We educate our customers to help them understand there’s different, better ways to achieve their goals—even with budget constraints.

We are fast, flexible, and knowledgeable. We self-perform all of our work, giving you one seamless point of contact throughout your entire project instead of juggling tons of subcontractors. We’re product-agnostic, meaning we can offer you the most cost-effective and custom-tailored solutions for your unique situation. Above all, we are transparent. We freely share information with our customers. What you see is what you get. We always honor our original contract price for the scope of work we promised you—no matter what unexpected factors may arise.

The bottom line? Alliance Companies
provides the power today to change
tomorrow for the better.

ITEM 11
PAGE 3
The Alliance Companies
The Alliance Companies were strategically created with the purpose of providing an in house approach to implementing holistic energy efficiency projects to our customers. This approach effectively reducing tiers of markup and creates a more cost effective and streamline dynamic to installing projects.

ITEM 11
■

FUNDING SOLUTIONS ELECTRICAL SYSTEMS

ALLIANCE

COMPANIES

ALLIANCE

RENEWABLE SYSTEMS MECHANICAL SYSTEMS

ALLIANCE

BUILDING SOLUTIONS
PAGE 4
Current Dynamics Within
the Municipal Sector
While the landscape within State and Local Government sector is constantly evolving, there are many hurdles these agencies face while trying to complete capital projects.

Many Cities and Counties are given direction by their governing boards to take on large scale and comprehensive projects, while being short staffed with a lack of necessary resources. Although these facility related improvements are desperately needed, due to a lack of funding or budgetary allocation, these projects aren’t able to be completed.

In the case that an agency elects to move forward with various projects internally, they are faced with: cumbersome timelines, reoccurring change orders, staff time taken away from day to day operations, along with the fiscal impact of having to pay for these projects with budget dollars.

This landscape has created the opportunity for partnerships with design build energy service companies to effectively complete these comprehensive projects. In addition to addressing all of the issues described above, the performance contracting model leverage through a holistic energy savings project, allows agencies to address capital projects through a budget neutral approach.

ITEM 11
Energy Efficiency Project
Benefits

As we see agencies facing significant increases in utility rates throughout the state, this has a direct impact on facility wide energy costs, which can become quite exorbitant and can account for a large allocation of a municipalities over all budget. While energy efficiency projects are able to heavily reduce energy and operational cost, there are many other associated benefits:

Proactively address deferred
maintenance and facility needs
with zero capital outlay
Provide general fund relief
Improve energy management No change orders
Reduce energy consumption
Reduce operational and
maintenance costs
Improve comfort & safety for a
working environment
Operate and manage facilities
more energy efficient
ITEM 11
354
vehicles driven for one year
189,441
gallons of gasoline consumed
3,915
barrels of oil consumed
4,000,485
miles driven
232
homes’ electricity use for one year
To put these energy savings numbers in a perspective that is more relatable, the table below illustrates equivalents that are similar in annual environment benefits. The annual energy reduction of this project is equivalent to removing/reducing:

ENVIRONMENT BENEFIT EQUIVALENTS
In addition these program benefits, ABS projects allow customers to take strides towards reaching climate action goals through investments into clean energy and sustainability.

EMISSION REDUCTION RESULTS
Annual Energy Savings:

Project Location:
2,441,536 kWh
CA
Pollution Affecting Health:

Grenhouse Gasses:

An example of the environmental benefits that can be
reached with 2.4million kWh of savings annually
Sulfur Dioxide
(SO2)
Nitrogen Oxide
(NOx)
Mercury
(HG)
Carbon Dioxide
(CO2)
Methane
(CH
4)
Nitrous Oxide
(N
20)
2,699,177 lbs
441.56 lbs 925.7 lbs 0.005161 lbs
104.04 lbs 12.54 lbs
ITEM 11
The Performance Contracting Model
Performance contracting is a widely used approach to completing capital improvement projects, through a self funding model leveraging realized energy savings over time. Through creative financing methods, agencies will take out debt to finance the project, with the debt service being paid back through energy savings as shown below:

Allows municipalities to address
capital needs through a self funding
model leveraging energy savings to
pay for projects

PROGRAM HIGHLIGHTS
Additional Savings
Savings to Fund
Project
Bill Post Project
Implementation
Bill Before
Project
Implementation
No budget dollars or general fund
contribution needed
Low interest financing with debt
service paid through savings
Design build approach
Energy savings guarantee provided
by Alliance
No change order policy
Working with one firm to complete a
wide range of project measures, with
one point of contact and liability
Can provide positive cashflow outside
of debt service obligation
ITEM 11
PAGE 8

LIGHTING
Lighting plays a major role in all energy projects. We know that the more efficient your lighting is, the more energy savings you’ll have to your bottom line to leverage other upgrades throughout your facilities. Our lighting experts will design and implement a customized solution that suits your unique infrastructure needs.

CONTROLS AND MONITORING
Whether it’s a simple wall thermostat replacement or an agency-wide, customized energy management system leveraging AI technology, ABS has got you covered. Our industry leading building controls solutions provide continuous monitoring strategies that will provide real-time energy usage feedback through all your facilities
HVAC + MECHANICAL
Many of our competitors can only offer their own brand of HVAC equipment to their customers. Alliance is product-agnostic, meaning we aren’t limited to only one brand. Instead, we can offer a large selection of HVAC equipment that suits your agency’s specific needs and budget. Our mechanical experts will develop a design-build solution that perfectly aligns with your energy and operational goals, while also providing maintenance and service contracts following installation.

DISTRIBUTED POWER SOLUTIONS
Clean energy solutions amount to huge savings. That’s why the Alliance Renewables team conducts a comprehensive assessment of your agency to figure out the best renewable solutions for your unique situation. This includes options like Solar Photovoltaic (PV), battery storage, microgrid system development, EV Charging, and other innovative technologies.

Whether your primary goal is to reduce your utility bill or to step up your positive environmental impact, our team will find the most effective, sustainable strategy for you.

WATER AND WASTEWATER INFRASTRUCTURE
Water efficiency is a new focal point for energy cost savings. State and local water providers now offer substantial water grants and rebates to customers who follow effective water conservation practices. Our water/wastewater infrastructure team will work closely with staff to identify potential projects and customize an effective solution that will meet your needs while sustaining or improving your current operational structure.

INDOOR AIR DISINFECTION & MONITORING
Within the wake of the recent pandemic, (municipalities/ or educational) sector are now looking to take proactive measures to improve indoor air quality and ensure the well being of its occupants. Alliance’s indoor air quality division works closely with public agencies with the goal of mitigating the spread of airborne pathogens, future viral outbreaks and many other environmental factors negatively effecting air quality. With our technologies public agencies are implementing another line of defense enhancing their overall sanitation strategy and will be ready for whatever may be next.

Measure of Analysis Overview
ITEM 11
■
....... . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . .... . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .

ALLIANCE-USA.COM
WISE Program – Water Infrastructure
and System Efficiency
ABS has incorporated a tailored Water Infrastructure and System Efficiency (WISE) Program, a resource in helping Cities evaluate their current systems and develop resiliency plans to reduce grid dependence, along with creating a more energy efficient system of operations.

Pump overhaul
Pump sequencing
Variable frequency drives
Storage System
Pump station retrofits
Overall distribution system optimization
Aeration blower improvements
VFDs
DO Controls
Pump efficiency improvements
Optimization of Aerobic Digestion
Optimization of bio-solids mixing
Installation of high efficiency diffusers
Centrifuge operation optimization
WATER SYSTEM IMPROVEMENTS:

WASTEWATER SYSTEM IMPROVEMENTS:

Improvements referenced above are only a few of the
multitude of in-depth strategies ABS provided by the
WISE program.

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.... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . .... . . . .... . . . .... . . . ...... ■
Distributed Power Solutions /
Renewables
With the aggressive climate action goals that have been set at the state level, investments into innovative distributed power solutions has become more important than ever. In addition to building out your climate action compliance strategy, the municipal sector is starting to see significant rate increases from state wide utilities. Renewables are of the most effective ways to offset future utility costs increases, while also providing a sustainable operational dynamic for your facilities. Here at Alliance our long-term goal is to help all of our customers reach a net zero consumption dynamic eliminating carbon emission production.

In addition to the clear environmental benefits of renewable measures, these also become very effective within a holistic energy project approach. These solutions will provide a significant portion of the overall project savings, allowing your agency to leverage these towards lower payback items and ultimately develop a project that will fully fund through savings.

BATTERY STORAGE

MICROGRID
SOLAR

EV CHARGING
Battery Storage allows for effective
strategies such as peak demand shaving,
back up power, and load shifting.

Solar Photovoltaic (PV) allows
agencies to secure long term fixed
energy costs, offsetting effects of
future utility rate increases.

The major shift to electric vehicles is here.

Leverage our EV chargers and software to
build out your future EV infrastructure.

Through combining solar, battery
storage, and innovative real time
monitoring software, agencies can
leverage microgrid systems to provide
a self-sustaining energy production
dynamic, while creating grid resiliency.

ITEM 11
■
ALLIANCE-USA.COM
Indoor Air Quality – Disinfection
and Monitoring Solutions
It is our mission to educate and inform public, private, and regulatory constituents about the importance of air quality and their responsibility to protect the public in all indoor spaces. We believe that every person has the right to better air quality. Through our partnerships with the leading indoor air quality technologies manufacturers, our firm is strategically positioned to deliver the highest level of disinfection available on the market today through our variety of innovative technologies. The Alliance team will work closely with staff to help your agency improve your indoor air quality through delivering disinfection and monitoring technologies that will enhance your overall sanitation strategy.

WELLAIR PROTECT 900
Protect 900 is a Primary Air Disinfection Product leveraging the patented NanoStrike technology inactivating the virus that causes COVID 19 and a wide range of pathogens in
sub-seconds. The protect 900 uses 2 NanoStrike Coils and is ideal for small to medium sized rooms.

UHOO AURA
The Aura is the worlds most comprehensive real time
indoor air quality monitor on the market today. The aura allows the users to accurately measure and monitor the
current indoor air using 13 different sensors, providing a virus index showing how susceptible an environment is at any given time.

AIR GUARDIAN
Is a UVC based technology registered as an FDA Class -1 Disinfection Medical Device proven to kill viruses, mold, bacteria, and fungus. Proven to kill COVID-19 in seconds.

The Air Guardian sits above the ceiling tiles of a room being an out of sight disinfection product.

ITEM 11
... . . . . . . . . . . .
: : : : : : : ... : : : : ... . . . : : : : ... . . . : : : : ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . .. . . . . . . . . : : : ... . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . ■ Project Development Process –
Steps to a Project
.1
.3
.5
.2
.4
.6

EXECUTE LOA
Language explaining the loa

SITE WALKS
Completion of full detailed inventories of
existing energy infrastructure and misc.

PROJECT PRESENTATION AND

APPROVAL
Project is presented and a final scope of
work is decided on

COLLECT UTILITY DATA
Latest months of utility bills / utility
release execution/ facility site list
compilation

PROJECT DEVELOPMENT PROCESS
Alliance will recommend a SOW that
addresses major needs and achieves
goals

CONTRACT EXECUTION AND

IMPLEMENTATION PROCESS
Following Board/ Council approval –
installation timelines will be shown to staff
ITEM 11
ALLIANCE-USA.COM
Design Build 4217 Procurement
Put as simply as possible CA 4217 is a procurement policy in California that allows public agencies to enter a range of services related to infrastructure improvements, energy efficiency, HVAC, lighting, controls, irrigation, plumbing, etc. This policy was passed in efforts to fix many of the issues agencies face when tackling deferred maintenance and capital improvement projects. Allowing for a much quicker timeline, addressing multiple measures at once instead of having to piecemeal every improvement, avoiding restrictions on the type of equipment, having the capability to choose what they deem is the best interest to the agency, and having the ability to co-author a project between the firm and customer.

The cornerstone of 4217 is having the realized savings of the upgrades as the revenue stream to repay the debt service payments. Creating a budget neutral model that helps agencies address a larger scope of improvements without having to leverage capital. While 4217 is heavily based on the realized project savings, Alliance provides a holistic savings guarantee, ensuring that your agency will meet the projected savings.

Design Build 4217
DESIGN BUILD 4217 VS TRADITIONAL BID SPEC
Bid Spec
Oversight and management of
entire process provided by Alliance
4-6 months
1 Company to work with
No change orders
Budget neutral / Funded
through savings
Very flexible for scope/project
changes
Highest quality and efficiency for
all materials, agency’s free range
to select products/manufacturers
Cumbersome staff
involvement dynamic
12-18 months
5-8 different contractors and
consultants
Exorbitant change orders and
additiona costs
Paid for through budget
dollars
Very difficult and cumbersome
to make any changes
Low bid / Low quality
equipment and labor
Staff Involvement
Speed / Timeline
Point of Contact &
Liability
Change Orders &
Additional Costs
Budget Impact
Program Flexibility
Equipment Quality
ITEM 11
ALLIANCE-USA.COM
Alliance Funding Solutions
Through many years of experience, funding expertise, and relations with our financial partners, ABS has incorporated a funding division in house. Alliance Funding Solutions, Inc. was founded to align itself with our electrical and mechanical companies and support public agencies with providing capital for equipment, infrastructure and sustainable energy projects.

Our principals have over 20 years of experience providing tax-exempt and taxable funding solutions to California public agencies. Our financial and industry knowledge enables us to create unparalleled customer value by providing a customized turnkey solution for each client.

Our innovate approach comprises various financing options such as operating and capital leases, power-purchase agreements, and energy-efficiency debt programs.

Alliance Funding Solutions, Inc. has a vast experience of financing renewable energy and energy efficiency projects. Our team has funded over $500 million in capital projects over their careers and have serviced a wide range of customers from School Districts, Cities, and Special Districts. Traditional debt solutions would include capital leases such as (appropriation or abatement structures) or installment purchase agreements for enterprise funds. Alliance also has experience bringing in private investors to capitalize on investment tax credits through structures like Power Purchase Agreements.

Our team works with various investors to provide clients with the most appropriate funding solution. We provide clients with long-term financing solutions that match the financing costs with the annual project savings. Our goal is to provide an energy efficiency solution at no additional cost to the public agency. With our unique approach we can provide clients with a design-build-finance turnkey solution. Additionally, we match local investors with local borrowers to re-investment capital within the local community. Alliance utilizes a third-party firm at no cost to the agency to evaluate our designed project and then search for rebates and grants. Once an incentive or rebate is identified, ABS will perform all procurement and documentation submissions for applications to secure the rebate or incentive. Due to the volatility of these programs, the estimated grant amount will be deducted from the total project price. When compared with a typical timeline of a project of this nature, an incentive or rebate available during the preliminary stages of a project might become no longer available before the work is completed. This results in the customer falling short of funding needed.

Finance Incentives Rebates
Funding Vehicles

ALLIANCE FUNDING SOLUTIONS
Grants Bonds
ITEM 11
■
Why Alliance?

FIRST PARTY CAPABILITIES
Unlike typical ESCO’s that subcontract out every discipline, Alliance is a first party lighting, mechanical, and solar contractor. This allows the customer to avoid multiple tiers of markup, which can then be applied to include more equipment or a lower project price when compared to competitors.

PRIVATELY OWNED
Being privately owned versus publicly traded; we answer to our customers, not shareholders. Instead of being restricted to charging exorbitant profit and overhead margins, we can operate more lean in nature, allowing us to be more price competitive than other providers. This also allows us to be very flexible, quick moving on project lead times, and to have high levels of executive involvement in every project.

PRODUCT / MANUFACTURER AGNOSTIC
While many of our competitors recommend their in house product lines that will equate to higher profit margins and will lock your agency into expensive service contracts. Our team at Alliance will receive staff feedback and input to develop a scope of work that will best fit the current facility needs and fall in line with staff’s preferences.

ENERGY PROJECT EXPERTISE
For nearly half a century, our experienced team of executives, project managers, mechanical engineers, estimators, technicians and installers have been delivering quality energy solutions to satisfied clients throughout California.

TRUST & TRANSPARENCY
At Alliance we pride ourselves on being very transparent and open book with all of our customers. Instead of being profit driven, we strive not only to build trust and respect, but also to build long term client relationships.

ITEM 11
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ITEM 11

ALLIANCE

COMPANIES
■

COUNCIL AGENDA REPORT

Joey Chavez, Recreation Manager
[email protected], 209-538-5682
Katie Bergman, Recreation Supervisor
[email protected], 209-538-4164
SUBJECT: Resolution No. 2023-XXX, Authorizing the One Time Use of ARPA Funds in the A mount of $350,000 .00 to Complete the Required Funding Needed to Replace the Whitmore Park Gazebo
RECO
MMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution approving an expenditure of $3 50,000 of ARPA funds and provide authorization to plan and implement the funding needed to complete the redesign and building of the Whitmore Park Gazebo. The gazebo has been a longtime landmark in Ceres with both the City and its residents using and depending on it for successful events that take place year round. The Recreation Department has already secured the additional $200,000 through the Per Capita State Grant to solidify the total funding needed for the Gazebo project.

I. BACKGRO
UND:

The State of California Proposition 68 Per Capita Program through the State Department of Parks and Recreation is available to local governments on a per capita basis for local park rehabilitation, creation, and improvements. Grant recipients are encouraged to utilize these funds to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors. The max amount for the Per Capita grant was awarded to the City in 2022 and due to the increase in repairs, costs for labor, materials and supplies, the original project now requires additional funding. The plans for the new gazebo include for it to be made bigger, be more user friendly, and designed to support the multi-faucet events that are known to take place at Whitmore Park. Recently, the current Gazebo had several emergency repairs made to ensure its safety. However, there are several other repairs and upgrades it will continue to require in order to make it fully reusable and continue serving its purpose in the future.

ITEM 12
II. REASONS FOR RECOMMENDATION:

Financially supporting these additional funds to complete the Gazebo project , would guarantee the stability needed to continue providing all of the successful community events that take place at Whitmore Park. Some of the events include Concerts in the Park, Trunk or Treat, National Night Out, Ceres Street Faire, Rentals for weddings, picnics, family reunions, etc. These events bring thousands of people to downtown Ceres throughout the course of the year.

III. F IS
CAL IMPACTS:

This would be a one-time project upgrade using ARPA and Per Capita Funds. This would have a beneficial impact on the current budget in terms of lowering the maintenance and repairs that the current Gazebo is costing the city.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Livabl
e Community: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLI
CY ALTERNATIVES:

N/A
VI. I
NTERDEPARTMENTAL COORDINATION:

Recr
eation, Public Works, and Engineering will work hand in hand to complete this project.

VII. PUBLIC PARTICIPATION:

Incl
uded in the scope of cost are two (2) public outreaches.

VIII . ENVI
RONMENTAL REVIEW:

N/A
IX
. STEPS FOLLOWING APPROVAL:

Upon appr
oval, staff will plan and implement working with the state on updating paperwork and contractors to move forward with the project.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B
– Budget Amendment
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AUTHORIZING THE ONE TIME USE OF ARPA FUNDS IN THE AMOUNT OF $350,000 .00 TO COMPLETE THE REQUIRED FUNDING NEEDED TO REPLACE

THE WHITMORE PARK GAZEBO

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City of Ceres Annual Budget is an action and financial plan of services to be provided to the citizens of Ceres; and

WHEREAS, the City Council approved the 2022- 2023 budget which included the use of ARPA funds for various projects for the Recreation Department. The transfer of these funds will help fund the Whitmore Park Gazebo; and

WHEREAS, the gazebo has been a longtime landmark in Ceres with both the City and its residents using and depending on it for successful events that take place year round.

WHEREAS, the ARPA funds to be used are directly related to the Recreation department and the City of Ceres Citizens.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the one time use of ARPA funds in the amount of $350,000.00 to complete the required funding needed to replace the Whitmore Park Gazebo.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk
ITEM 12
ITEM 12

ATTACHMENT B
Exhibit A

Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-XXX, dated June 26, 2023
authorizing appropriations to complete the funding needed to replace the Whitmore Park Gazebo
as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA Fund 219 40 800500 350,000

Requested Appropriation $350,000
2022 - 2023 Current Appropriation + 0
Total Appropriation $350,000

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $
2022 - 2023 Current Estimated Revenue +
Total Estimated Revenue $

Fiscal Impact: These are sufficient funds available in the ARPA fund for this project.

ITEM 12
ITEM 12

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 26, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Doug Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT: Resolution No. 2023 -XXX, Authorizing the City Manager to Enter into an Agreement with ClearSource Financial Consulting to Conduct a User and Regulatory Fee Study
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize an appropriation not to exceed $ 40,000 for a comprehensive rate study for a User and Regulatory Fee Study, and direct the Interim City Manager to contract with a qualified consultant for such services.

I. BACKG ROUND:

The City relies on collection of several different types of revenues to provide services and programs to residents. In addition to enterprise fees based upon approved rate schedules, the City also collects fines and fees for services and programs.

Some fee revenues are under the discretion of Council to set and some are not, while others are required to go through very specific and detailed processes in order to change.

Proposition 218 governs the process for rates related to e nterprise fund services. The City conducted a rate study in 2008 to update its enterprise fee rate schedules resulting in rate increases for enterprise customers that were effective September 200 8. Police fines related to items such as speeding and other moving violations are regulated and standardized by the Judicial Council of California.

Council has the discretion to set majority of fees for services and programs. City fees for facilities, services and programs generally are updated every five years and the most recent comprehensive study of these took place in 2010. This means the majority of fees in the City have not increased in almost 12 years. In that time, costs related to simply maintain the status quo in facilities, services and programs have risen. While the City continually institutes cost-saving measures, the fact remains that cost of nearly all goods, especially during the pandemic, have risen each year along with the cost for personnel.

Even if salaries remain static, personnel costs such as workers compensation, minimum ITEM 13
wage, and benefits generally increase annually. Minimum wage alone has increased by five dollars in five years since the last fee study. Cutting expenses can only provide so much relief to offset those increases and revenue sources are limited.

As Council has been informed in past budget discussions, staff struggles to maintain services and programs at current fee levels. At the same time, Council has also expressed a desire to improve facilities and expand programs. With limited options, it is important to take a look at all the City fees to determine if the appropriate amount is still being recovered for each. A User and Regulatory Fee Study would include all the following traditional fees for the City but would not include either the Police fines or Enterprise rates mentioned above.

The following are some of examples of the fees that would be included: business licenses, facility rentals, park rentals, truck parking, equipment rental, swimming pool use/lessons, all recreation classes, other police, fire inspections, animal control, fingerprinting, bicycle li censes, garage sale permits, on- demand services, planning, inspections, maps, building, other permits, engineering, architectural review, development, impact, site plan, easements, and zoning.

Staff has reached out to two other companies for the study , t he Goodwin Group at $45,000 and Gouveia Engineering at $47,000. Both companies were higher in cost than ClearSource Financial Consulting and are unable to meet the timelines the City is proposing.

Given the required person-hours and specialized nature of the study, staff recommends hiring a consultant, as has been done for review of enterprise rates. Working with a consultant that is familiar with cities affords cost savings. It is important to note, after completing a study, the consultant could recommend reducing fees —this is not anticipated but it is possible.

Staff is recommending ClearSource Financial Consulting that has completed numerous studies around the area. ClearSource is familiar with various cities and can complete the study in a timely manner for Council review by December 2023. At that point, Council can make the determination if the fee would take effect in 60 days or wait until July 1, 2024 and implement the fees at that time.

II. RE
ASONS FOR RECOMMENDATIO N:

The User and Regulatory Fees have not been updated for quite some time and the City is not charging the appropriate amount to match the costs being generated by services.

III. F ISCAL IMPACTS :

Based off negotiations with ClearSource, staff recommends that an amount not to exceed $40,000 be authorized for the consultant services required total for the User and Regulatory Fee Study.

Since the User and Regulatory Fee Study touches different funds of the City, it would be appropriate to break the costs down into those funds where the fees are collected. Several of the program areas that would be reviewed currently receive significant support from the General Fund, including Community Center, Recreation, and Animal Control.

ITEM 13
Staff is recommending the cost be encumbered from ARPA funding.

IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

N/A
V. P OLICY ALTERNATIVES :

The Council could decide not to conduct the study.

VI. I NTERDEPARTMENTAL COORDINATION:

City Attorney and City Staff were consulted in the preparation of this proposal.

VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval of the City Council, the Interim City Manager will execute an agreement between the City and ClearSource Financial Consulting to conduct a User and Regulatory Fee Study.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Professional Services Agreement for ClearSource Financial Consulting

4. Attachment D – ClearSource Financial Consulting Proposal

ITEM 13
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH CLEARSOURCE FINANCIAL CONSULTING TO

CONDUCT A USER AND REGULATORY FEE STUDY

THE CITY COUNCIL
City of Ceres

WHEREAS, the City relies on various user fees, which provide services and programs to residents and are set by Council; and

WHEREAS, the last update on such user fees was over 12 years ago; and

WHEREAS, the cost related to facilities, services, and programs that user fees cover has gone up significantly; and

WHEREAS, staff recommends City Council authorize the Interim City Manager enter into an agreement with ClearSource Financial Consulting to conduct a User and Regulatory Fee Study at a cost of $40,000.00; and

WHEREAS, ClearSource Financial Consulting will have a completed study and prepared for Council review by December 2023; and

WHEREAS, once the study is completed Council will make the determination to accept the study and implement the fees stated within the study; and

WHEREAS, staff recommends the cost of the study be covered by ARPA funds.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to enter into an a greement with ClearSource Financial Consulting to conduct a User and Regulatory Fee Study.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26
th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2022 – 2023

Reference Resolution No. 2023-XXX dated June 26, 2023 for ClearSource Financial Consulting to Conduct a User and Regulatory Fee Study.

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No. Appropriation Amount

ARPA Fund

219

60 029900

$40,000.00

Requested Appropriation $ 40,000.00

2022 - 2023 Current Appropriation + -0-

Total Appropriation $ 40,000.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated Revenue
Amt.

Total Estimated Revenue $

2022 - 2023 Current Estimated Revenue +

Total Estimated Revenue $

Fiscal Impact: Funds are available in the ARPA Fund to complete this project.

ITEM 13
ITEM 13

ATTACHMENT C
1 28859.00009\30469806.1

CITY OF CERES

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 27, 2023 by and between the City of Ceres, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 2220 Magnolia Street, Ceres, California 95307 (“City”), and ClearSource Financial Consulting, a California corporation with its principal place of business at 7960 B Soquel Drive, Suite 363, Aptos, CA 95003 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

User and Regulatory Fee Study Project (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. S ervices .

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. C ompensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Forty Thousand dollars ($40,000). This amount is to cover all related costs, and the City will not pay any additional fees for additional expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. b. Per
iodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. A
dditional Work .

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following ITEM 13

ATTACHMENT C
2 28859.00009\30469806.1
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. M aintenance of Records .

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Ti me of Performance .

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

Consultant shall complete the services required hereunder within the schedule identified in the “Activity Schedule” attached as Exhibit C. The Notice to Proceed shall set forth the date of commencement of work.

6. D elays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non - performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non- performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. C
ompliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. S
tandard of Care
ITEM 13

ATTACHMENT C
3 28859.00009\30469806.1
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. A ssignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. I
ndependent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. I nsurance . Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
ITEM 13

ATTACHMENT C
4 28859.00009\30469806.1
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. A utomobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. W
orkers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all sub- consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. P
rofessional Liability (Errors and Omissions)
ITEM 13

ATTACHMENT C
5 28859.00009\30469806.1
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. M
inimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. E
vide nce Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. P
olicy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to ITEM 13

ATTACHMENT C
6 28859.00009\30469806.1
non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub - consultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Q
uali fying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. A
dditional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

ITEM 13

ATTACHMENT C
7 28859.00009\30469806.1
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or C ity will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Su
b -consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub -consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular sub- contractors or sub-consultants.

12. Indem nification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the Ci ty, its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

b. A
dditional Indemnity Obligations . Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers.

ITEM 13

ATTACHMENT C
8 28859.00009\30469806.1

13. C alifornia Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub - consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
b. If the services are being performed as part of an applicable “public works” or “mai ntenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub- consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the durat ion of the Project and require the same of any sub- consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

14. V
erification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. [ reserved]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California. 17 Ter mination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of ITEM 13

ATTACHMENT C
9 28859.00009\30469806.1
such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Terry Madsen as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Li mitation of Agreement .

This Agreement is limited to and includes only the work included in the Project described above.

21. No tice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: City Manager
CONSULTANT:

ClearSource Financial Consulting.
7960 B Soquel Drive #363
Aptos, CA 95003
Attn: Terry Madsen

and shall be effective upon receipt thereof.

22. Thi rd Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. E qual Opportunity Employment.

ITEM 13

ATTACHMENT C
10 28859.00009\30469806.1
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. E
ntire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. S
everability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. S uccessors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. No
n -Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Ti me of Essence
Time is of the essence for each and every provision of this Agreement.

29. C ity’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. P rohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting ITEM 13

ATTACHMENT C
11 28859.00009\30469806.1
from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shal l have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CERES

AND CLEARSOURCE FINANCIAL CONSULTING

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CERES CLEARSOURCE FINANCIAL CONSULTING

By: By:

Doug Dunford
Interim C ity Manager Its: Terry Madsen

P rinted Name:

ATTEST:

By:

Fallon Martin
City Clerk

ITEM 13

ATTACHMENT C
12 28859.00009\30469806.1

EXHIBIT A
Scope of Services

Project Scope
ClearSource will complete a User and Regulatory Fee Study for the City of Ceres. At the completion of this project, Ceres will receive:
• A Study Orientation of know issues that must be addressed by study end, participant roles, expected procedural requirements, schedule and data and collection and development procedures.
• A Financial and Labor Time Inputs study that develops the necessary foundation for subsequent quantitative analysis. In addition, Clear Source will and prepare financial data on:
o Current and historical revenues
o Personnel and Contractor costs
o Adopted line item expenditures
o Forecasted outlays
o Allocated indirect/ overhead costs via existing plan
• A Labor Time Valuation for fully burdened hourly rates in each department. Rates will be built to encompass labor costs, departmental costs, central services or general City costs. Rates will be expressed by function of direct and indirect service within each department. • A Fee Design to conduct a cost of service analysis to see if it is in line with fee structures. Look at prevailing fee structures recommended from that work.
• Cost of Service Analysis – prepare a cost of service model to join fully burdened hourly rates, time estimates associated with current work flow and business processes. Cost of Service informs the maximum fee amount allowed by the State of California, which is framework for establishing user and regulatory fees. The full cost of service includes:
o Direct labor and non-labor costs
o Indirect labor and non-labor costs
o Periodic outlays or investments of direct or indirect benefit o Departmental overhead
o Citywide overhead
• Cost Recovery and Impact analysis – Recommend cost recovery targets for fee based services.

Develop cost recovery policy and practices that optimize the City’s array of funding sources.

Consultants will develop a Master Fee schedule for the City. Consultants will review associated fees practices including waivers, deposit amounts, fee/deposit collection practices and economic practices.
• Reporting, Administrative Record, and Tools – This focuses on the draft and final reports of cost of service findings, including assumptions, critical data, and discussions of expected impacts. • Review, Engagement and Approval - Throughout the study and at its concluding stages, ClearSource will facilitate a meaningful level of interaction between consultants, City personnel, ITEM 13

ATTACHMENT C
13 28859.00009\30469806.1
and City Councilmembers or other City Commissions to ensure applicable and sustainable outcomes and wide understanding of impacts.
• Tools and Reporting - Prepare a road map for the CIty of Ceres to implement the revised fees.

Provide the analytical data in a Microsoft Excel format for future update and management. o Draft final report
o Presentations and summary material
o Assist in staff reports and public
o Document statutory and legal framework
o Discuss best practices
o Training event for the City
 Engagement and Approval - Develop data and provide review points. City Council engagement.

Assistance with public hearings and meetings. Stakeholder outreach as needed.\ Deliverables Tailored to Ceres
Ceres will receive products tailored to meet its needs. The City will receive working, Excel and Word versions of all models and reports developed as part of this study. The models will become property of the City so that it can perform future financial plan and rate updates internally, if desired.

ITEM 13

ATTACHMENT C
14 28859.00009\30469806.1

EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant.

The project budget is $ 40,000. This is a “not -to-exceed” fixed fee that includes all associated fees (i.e. printing costs, attendance at meetings, and travel). The budget assumes 210 project hours billed at $180 per hour. At no time will C learSource request payment in excess of the project budget in order to complete the items identified in the Scope of Services.

ITEM 13

ATTACHMENT C
15 28859.00009\30469806.1

EXHIBIT C
Activity Schedule

Assuming project commencement in July 2023, ClearSource’s proposed timeline assumes presentation of study findings to City staff, interested stakeholders, and the City Council during December 2023 .

Additionally, if the City Council proposes to increase User and Regulatory Fees, there are two options. One option is to implement them within 60 days of approval by the City Council. Option two is to wait until July 1, 2024 and implement them at the beginning of the new fiscal year.

ITEM 13
ITEM 13
sAN
Cost Allocation Plan AND
User & Regulatory Fee Study

CITY OF CERES
ClearSource Financial Consulting
7960 B Soquel Drive, Suite 363
Aptos, California 95003
TERRY MADSEN | PRESIDENT
[email protected]
831.288.0608

ATTACHMENT D
ITEM 13
JUNE 12, 2023

PROPOSAL TO PERFORM CONSUL TING SERVICES
June 12, 2023
Attention: Doug Dunford | Interim City Manager
2220 Magnolia Street
Ceres, California 95307
DIGITAL TRANSMISSION TO: [email protected]
To Mr. Dunford and Other Members of the City’s Proposal Evaluation Team:

Thank you for the opportunity to provide cost allocation, cost of service, and fee consulting for the City of Ceres. ClearSource Financial Consulting is well-qualified, available in the City’s current timeframe, and fully resourced to complete the scope of work envisioned by the City. We bring an open mind for change and exhibit the energy to do the heavy lifting it takes for a fresh look on the wide-ranging cost recovery topics. We commit to the City of Ceres to provide premier service, on time, and within budget:

We routinely demonstrate care
about the details and the
rightful influence of local
conditions. We do the hard
work to achieve modern and
meaningful outcomes that reflect
the way our clients serve their
communities today.

We know time is of the essence
in this work: a key determination
of success and satisfaction for
many of our city clients. All
project reporting will be ready
120 days from project start,
ready then for a thoughtful pace
for approval.

We will finish the scope of
services without change
orders, which is our standard
practice. We do not ask our
clients to bear the risk in
estimating what it takes to do
this work thoroughly and with
successful enactment.

I founded ClearSource Financial Consulting in 2011 to focus on these principles in service solely to California public agencies. As President, I am authorized to negotiate and bind ClearSource contractually under the City’s terms. My signature obligates ClearSource to the commitments in this proposal and confirms that it shall remain valid for a period of 90 calendar days from submittal.

Sincerely,
ITEM 13

FINANCIAL CONSULTING

CITY OF CERES
PROPOSAL: COST ALLOCATION PLAN & USER AND REGULATORY FEE STUDY

PREMIER SERVICE ON TIME WITHIN BUDGET
) .__(-v¼ ~

TERRY MADSEN, PRESIDENT I CLEARSOURCE FINANCIAL CONSUL TING PHONE: 831 .288.0608
EMAIL : [email protected]
7960 B Soquel Drive, Suite 363, Aptos , California 95003 831 .288 .0608 C LEARSOU RCE Fl NANCIAL.COM

TABLE OF CONTENTS
ITEM 13

PROPOSAL CONTENTS
Organizing Information
Title Page--------------------------------------------------------------------------------------------------------- Transmittal Letter ----------------------------------------------------------------------------------------------- Table of Contents ------------------------------------------------------------------------------------------------ Statement of Qualifications
ClearSource Profile----------------------------------------------------------------------------------------------1 ClearSource Experience--------------------------------------------------------------------------------------- 2 ClearSource References--------------------------------------------------------------------------------------- 5 Clea rSo urce Team -------------------------------------------- ----------------------------------- --------------- 6 Scope of Services
Project Understanding----------------------------------------------------------------------------------------10 Project Work Plans-------------------------------------------------------------------------------------------- 12 Project Schedule----------------------------------------------------------------------------------------------- 17 Fee Proposal
Project Budget------------------------------------------------------------------------------------------------- 18

CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I CONTENTS

STATEMENT OF QUALIFICATIONS
We introduce the City of Ceres to ClearSource
Financial Consulting for performance of its Cost
Allocation Plan and User and Regulatory Fee
Study. We look forward to this opportunity to
serve the City’s leaders, service providers, and
constituents.

ClearSource is a privately
owned California-based boutique consulting firm
intentionally sized and structured to emphasize
a highly tailored, high quality study experience
for our public sector clients. ClearSource is
staffed by a four-person team of seasoned
individuals with decades of combined
experience in local government financial
analysis. We are particularly focused on
equitable forms of locally controlled cost
recovery within the challenges and constraints
of the ever-evolving California statutory and
legal environment, informed respectfully and
strategically by the voter driven principles
embedded in Propositions 218 and 26.

Our firm is centered on the philosophy and
principles of ClearSource founder and
President, Terry Madsen, who will lead this
project from start-to-finish. For over 21 years,
Terry has provided financial consulting
services exclusively to local government
agencies. In October 2011, he founded
ClearSource, a firm dedicated to providing local
government agencies with premier financial
consulting, serving with the:
 Energy and enthusiasm to dive deep into
the details,
 Willingness to do the heavy lifting necessary
to implement modernization and lasting
change,
 Exclusive staffing on projects of only tenured
professionals able to enact both the science
and art in these studies, and
 Commitment to on-time delivery and not-to-
exceed consulting fees.

ClearSource provides
professional services to California municipal
agencies, consulting on topics focused on
revenue management through cost of service-
based resources. We specialize in conducting
the following common areas of study and
consultation on a wide cross-section of
governmental services and funds:
 User and regulatory fee studies
 Master fee schedule development and
ongoing management
 Comparative/market analysis
 Cost allocation plans
 Internal service fund rate studies
Our primary focus is on revenue streams linked
to cost of service principles, equity, and local-
government control. Throughout these areas of
expertise, we often work in harmony with
internal and external stakeholders to achieve
successful implementation of the necessary
solutions.

As with
every study of this type, the successful
completion of this project for the City will require
positive, professional relationships with
agency staff, contract service providers,
stakeholders, and the City Council and/or
subcommittees. ClearSource clientele can attest
to our ability to successfully navigate timing,
competing values, and other challenges that
arise when completing multi-faceted projects.

During his career, Terry Madsen has been
commended repeatedly for his integrity, client
service, dedication, and perseverance. His
treatment of agency staff and respect for the
both the challenges they face and the results
they require to successfully accomplish their
goals, results in working relationships that span
multiple years and varied projects.

ITEM 13

CLEARSOURCE PROFILE

SERVICE EXPERTISE I

FIRM HISTORY I

PUBLIC SECTOR DEDICATION I
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL 11

STATEMENT OF QUALIFICATIONS
ClearSource is a
California-based consulting firm working exclusively
for a diverse array of California-based public
agencies on varied topics within the overall question
of locally controlled cost recovery of public services.

Broad service areas within which we have performed
analysis include:
 Community development: planning, land
development, building and safety, environmental
services, and code enforcement
 Public safety: fire prevention, fire operations,
emergency medical services, police, animal
control
 Public works: engineering, infrastructure and
operations, and utilities
 Community services: parks, community spaces,
recreation programs, social services, libraries,
facility rentals, special events, and filming
 Administration and governmental: indirect cost
allocation and rates, direct labor rates, internal
service fund rates, business licensing, and public
records
ClearSource has performed consulting services
within the past 24 months comparable to the City of
Ceres’ scope of work for its User Fee Study for the
sample of California cities and their specific fee/cost recovery-based programs listed in Exhibit 1 on Page

4. This includes identification of trending topics in
California fee design, such as short term vacation
rentals, retail cannabis, electric vehicle charging,
stormwater management and inspections, and
technology enhancement cost recovery.

Our founder, Terry
Madsen, has been commended repeatedly for his
integrity, client service, dedication, and
perseverance. His treatment of agency staff and his
respect for the challenges they face and the results
they require to successfully accomplish their goals,
results in working relationships that span multiple
years and varied projects. Following is a list of
ClearSource clients within the past five years, noting
original contract date through most recent date of
service, emphasizing our long-standing, repeat
service to many of these agencies.
• Azusa (2015-2022)
• Bell (2014-2022)
• Bell Gardens (2020-2021)
• Brawley (2023)
• Calabasas (2023)
• Campbell (2018-2022)
• Cathedral City (2020-2022)
• Costa Mesa (2019-2022)
• Elk Grove (2019)
• Escalon (2017-2022)
• Grover Beach (2021)
• Gustine (2013-2022)
• Hemet (2021-2022)
• Huntington Beach (2018-2022)
• Kerman (2022)
• La Quinta (2012-2022)
• Laguna Woods (2013-2022)
• Lake Forest (2019-2022)
• Larkspur (2016-2022)
• Lawndale (2020-2021)
• Lincoln (2019-2022)
• Long Beach (2017-2020)
• McFarland (2020)
• Milpitas (2018-2022)
• Monte Sereno (2018-2020)
• Moorpark (2022)
• Morro Bay (2022-2023)
• Newport Beach (2022-2023)
• Novato (2019-2022)
• Oakdale (2020-2021)
• Ojai (2016-2019)
• Oroville (2021-2022)
• Oxnard (2018-2019)
• Palm Desert (2023)
• Palos Verdes Estates (2018-2021)
• Pinole (2022)
• Placentia (2021-2022)
ITEM 13

CLEARSOURCE EXPERIENCE

COST RECOVERY TOPICS I

CALIFORNIA CLIENTELE I
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCEPROPOSALl2

STATEMENT OF QUALIFICATIONS
• Rancho Mirage (2019-2021)
• Roseville (2015-2022)
• San Leandro (2016-2022)
• Santa Ana (2019-2022)
• Santa Clara (2020-2022)
• Seal Beach (2019-2022)
• Sebastopol (2019-2022)
• Shafter (2017-2022)
• Solvang (2021)
• Taft (2021-2022)
• Torrance (2017-2022)
• Ventura (2012-2022)
• Wasco (2020-2021)
• Watsonville (2022)
• Wheatland (2018-2020)
• Woodside (2019-2022)
• El Dorado County (2018)
• Kern County (2019-2022)
• Santa Clara County (2021-2022)
• Pleasant Valley PRD (2021-2022)
• Rancho Murieta CSD (2019-2020)
• Rancho Simi PRD (2019-2022)
A sampling of client references begins on Page 5 . ClearSource has enthusiastic references from other public agencies across California. Should additional references or sample reports be desired, we will furnish them immediately upon the City’s request.
(This section continues on the following page.)
ITEM 13
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCEPROPOSALl3

STATEMENT OF QUALIFICATIONS

ITEM 13
Cost of Service Category Sampflng of Cities Served by ClearSource In the Last 24 Months In all cases , ClearSource
delivered publishab le and
working master schedule of fees
and support ing
cost of service mode ls in
Microsoft Excel , enab ing our
clients to manage fees between
comprehens ive stud ies.

Community Development
Planning
Land Development
Building & Safety
Public Safety
Fire P revention & Ope rations
Eme rgency Med ical Services
Police
Animal Cont rol
Public Works
Infrastructu re & Ope rations
Enginee ring
Utilit ies
Community Services
Parks & Community Spaces
Rec reation Programs
Community Cente rs & Libra ries
Facility Use and Rentals
Special Events
Film Pe rmitting
Administration & Governmental
Bus iness Licensing
Cle rk / Pub lic Reco rds
Ind irect Cost Rates & Charges
Fully Burdened Hou rly Rates
Trending Topics
Vacat ion Rentals
Cannab is Retailers
Elect ric Vehicle Charge Stations
NPDES
Technology Enhancement
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CERES - COST ALLOCATION & USER FEE STUDY
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CLEARSOURCE PROPOSAL I 4

STATEMENT OF QUALIFICATIONS
ClearSource submits the following references for our
recent service to these California public agencies
comparable in scale and type of necessary
consulting and analysis requested by the City of
Ceres
Original Contract: 2015 | Recent Update: 2023
Mike Isom, Development Services Director
Phone: 916.774.5285
Email: [email protected]

Citywide Master Fee Schedule, including: building,
planning, public works, and administration, and
special district fees for service. Fees for service have been analyzed for the following functions:
administration, revenue, and finance; utility customer
service and billing; planning, engineering, and
building; encroachment and trench cut; impact fee
deferrals and housing; non-rate electric and
environment utilities; fire and life safety, emergency
medical, police, and animal licensing; special events,
permitting, facilities use, and parks and recreation;
CFD maintenance; and rates for direct labor charges.

ClearSource has also conducted internal service fund
rate studies, development fee comparative
benchmarking, and special cost allocation.

Contract: 2019 | Update: 2023
Nita Wracker, Finance Director
Phone: 916.434.2400
Email: [email protected]

Full cost allocation plan and cost of service analysis
supporting the Citywide master fee schedule for
services including: building, planning, engineering,
public services, code enforcement, special events,
fire prevention, police, library, airport, administration, business licensing, facility rentals, park/field use,
aquatics, and hourly billing.

Contract: 2021-22
Stone James, Economic Development Director
Phone: 760.770.0336
Email: [email protected]

Cost of service analysis and master fee schedule
development for services including: administration,
business license and inspection, cannabis business
licensing and permitting, building and safety, code
compliance, engineering and encroachment, fire
prevention, planning, police, short-term rental
permitting, and hourly billing.

Original Contract: 2022 | Most Recent Update: 2023
Amy Cunningham, Finance Director
Phone: 415.899.8918
Email: [email protected]

Comprehensive fee study including review of
building, planning, public works, police, and
recreation fees. Fee restructuring to enhance
administrative efficiency and allow applicants to more
easily forecast applicable fees. Adopting resolution
included annual fee adjustments to correspond to
regional cost inflation. Review and adoption process
included committee review and feedback and
multiple reviews by City Council
ClearSource has
enthusiastic references from public agencies across
California. Should additional contacts or sample work
products be desired, we will furnish them
immediately upon request.

ITEM 13

CLEARSOURCE REFERENCES
City of Roseville, California

CITYWIDE USER/REGULATORY FEE STUDY
City of Lincoln, California

CITYWIDE USER FEE STUDY & OVERHEAD COST

ALLOCATION PLAN

CERES - COST ALLOCATION & USER FEE STUDY
City of Cathedral City, California

USER FEE STUDY & COST ALLOCATION PLAN
City of Novato, CA

CITYWIDE USER & REGULATORY FEE STUDY

ADDITIONAL INFORMATION I

CLEARSOURCEPROPOSALIS

STATEMENT OF QUALIFICATIONS
In our work with the City
of Ceres, the Cost Allocation Plan and User and
Regulatory Fee Study will be led start-to-finish by
Terry Madsen. As our Project Manager, he will
conduct all meetings, present all reports, and
oversee development of all analysis and outcomes.

Analytical and strategic support will be provided only
by skillful, senior-level professionals: Jeanette Hahn
and David Schroeder, as described by Exhibit 2.

All services
identified in the RFP under the City’s Scope of Work
for the Cost Allocation Plan and User and Regulatory
Fee Study will be completed by ClearSource
personnel. We are entirely qualified and fully
resourced to complete the studies within our existing
firm organization. No services will be subcontracted
to other firms, nor will any subconsultants or
subcontractors be used to supplement ClearSource
staff and capabilities.

We introduce Terry Madsen as our Project Manager
and primary contact person for the City of Ceres.

Terry is highly regarded by his clients. Please reach
the following agency leaders to discuss their
experience working with him:
 Amy Cunningham, Finance Director
Phone: 415.899.8918
Email: [email protected]
 Sheila Poisson, Finance Director
Phone: 310.618.5854
Email: [email protected]
 Will Fuentes, Finance Director
Phone: 408.866.2113
Email: [email protected]
 Derek Tisinger, Division Chief (Fire Dept.)
Phone: 661.330.0218
Email: [email protected]
Phone Terry at 831.288.0608 or email
to [email protected].

40% of Total Project Hours

Terry Madsen is
the President of ClearSource Financial Consulting.

For over 22 years, he has provided financial
consulting services to local government agencies. In
October 2011, Terry founded ClearSource Financial
Consulting, a firm dedicated to providing local
government agencies with premier financial
consulting services. From October 2001 to October
2011 Terry was employed by a competing California
firm, NBS. Terry’s depth of knowledge includes
numerous service areas including user fee studies,
indirect cost allocation studies, internal service fund rate studies, water and wastewater rate studies, and
special financing district administration.

During his career, Terry has served the following
diverse sampling of California agencies, among many
others: the Cities of Costa Mesa, Huntington Beach,
La Quinta, Laguna Woods, Larkspur, Long Beach,
Milpitas, Palos Verdes Estates, Rancho Mirage,
Roseville, San Leandro, Santa Ana, Santa Clara,
ITEM 13

CLEARSOURCE TEAM

TEAM ORGANIZATION I
EXHIBIT 2 I PROJECT TEAM STRUCTURE

SOLE PROVISION OF SERVICES I

PROJECT MANAGER/ PRIMARY CONTACT

CITY OF NOVATO, CA

CITY OF TORRANCE, CA

CITY OF CAMPBELL, CA

COUNTY OF KERN, CA

CONTACT I

CERES - COST ALLOCATION & USER FEE STUDY

TERRY MADSEN

PROJECT MANAGER AND

PRINCIPAL CONSULTANT

PROFESSIONAL EXPERIENCE I
CLEARSOURCEPROPOSALl6

STATEMENT OF QUALIFICATIONS
Sebastopol, Shafter, Torrance, and Ventura; the
Counties of El Dorado and Kern; and special districts
such as Sacramento Regional Transit and Rancho
Simi Recreation and Parks.

Within the past several years, Terry has supported
cost allocation, cost of service, and user/regulatory
fee studies for the following sampling of California
public agencies:
 County of Kern, CA | Project Manager – Fire
prevention fees, fire department indirect cost
rates
 City of Lake Forest, CA | Project Manager –
Citywide user and regulatory fees, formal cost
recovery policy, Citywide indirect cost allocation
 City of La Quinta, CA | Project Manager –
Citywide user and regulatory fees
 City of Long Beach, CA | Project Manager –
Engineering development review fees
 City of Roseville, CA | Project Manager –
Citywide user and regulatory fees, internal
service fund rates
 City of Ventura, CA | Project Manager – Citywide
user and regulatory fees, Citywide indirect cost
allocation, internal service fund rates
Terry has worked closely with every level of the
public body including property owners, community
organizations, City Council/Board members, special
commissions, agency managers, all members of the
agency finance team, directors of every agency
department, management analysts, and the direct
service staff that are the primary contact points for
members of the community, such as inspectors, plan
reviewers, operators, maintenance personnel, and
records staff.

Terry’s experience in performing fee studies includes
all phases of the work, from project initiation to
completion and presentation of final findings. His
efforts include data gathering, conducting interviews
with agency staff, model development, report
preparation, and presentation and delivery of study
narratives. He has analyzed fees for a
comprehensive array of municipal services, such as
planning, land development, building, fire protection,
code enforcement, community services, parks,
recreation, administration, general governmental,
public infrastructure, utilities, and others.

Terry is a member of the California Society of
Municipal Finance Officers. He received his
undergraduate degree (Cum Laude) from Cal Poly,
San Luis Obispo. He was awarded a Bachelor of
Science in Business Administration with a Finance
Concentration and an Economics Minor. He received
his graduate degree from California State University,
San Bernardino. He was awarded a Master of
Business Administration with an Entrepreneurship
Concentration.

Terry is based in Santa Cruz County and serves
ClearSource clientele across California.

Terry will serve as our Project
Manager, responsible for the performance of all
study elements and fulfillment of our agreement with
the City. He will also be the Principal Consultant for
the studies, directing analysis for our staff, performing targeted analysis, troubleshooting, providing quality
assurance, facilitating onsite and remote interaction
with City staff and leadership, and representing our
work in public procedures.

As an intentionally structured small firm that believes our size is integral to the way we provide
personalized and high quality service to our client
communities, ClearSource nonetheless is asked by
agencies about our plans for ensuring continuity of
service if a team member faces personal emergency
disruptive to the project. In fact, this is essential to our business and reputation. In addition to our collegiality and cross-discipline synergy, this is one of the key
reasons our staff is comprised only of seasoned
professionals in this area of expertise.

Our consultants are each two or more decades into
consulting careers rich with successful project
management, direct project performance, and
accomplished public engagement for successful
implementation of outcomes. For the City of Ceres, in
the unlikely event our Project Manager Terry Madsen
became unable to complete these services, fellow
team member Jeanette Hahn will step into his place,
able to perform at equal level, effectiveness, and
achievement to Terry.

ITEM 13

PROJECT ROLE I
Continuity of Service
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 7

STATEMENT OF QUALIFICATIONS
We introduce the following professionals who will be
assigned to the City of Ceres for specific elements
within the overall project.

20% of Total Project Hours

Jeanette Hahn is
a Senior Consultant for ClearSource Financial
Consulting. She has over 22 years of experience
advising municipal agencies on equitable and
effective costs of service, cost recovery, and
strategic financial planning.

Jeanette has analytical and policy expertise in the
following subject matter:
 Cost of service analysis and cost allocation for
cost recovery opportunities, including user fees,
regulatory fees, and contracts/partnerships
 Water, wastewater, reclaimed water, and storm
water/drainage utility rates and fees
 Development impact fees and capacity charge
nexus analysis/justification
 Economic feasibility/decision analysis
 Long-range financial planning
 Benchmarking
Prior to becoming part of the ClearSource team in
2017, Jeanette succeeded at competing consulting
firms. She was Director of Financial Consulting for
California-based NBS from 2007 to 2011 and served
progressive roles at FCS GROUP from 1997 to 2007,
including California Regional Manager from 2004 to
2007. Jeanette stepped down from these executive
roles in 2011 to balance family needs.

Jeanette has performed over 250 separate
engagements for public agencies of diverse size and
situation throughout the Western United States,
including in California, Washington, Oregon, Idaho,
Nevada, Utah, Montana, and Alaska. She is articulate
and agile when working within the legal framework of
rate and fee-setting across these states, with
particular emphasis on California’s Proposition 218
and the state’s Mitigation Fee Act.

As an accomplished and highly regarded speaker,
Jeanette has earned a reputation for crafting
effective and persuasive messages for attaining
legislative and public approval of financial plans and
accompanying rates and fees. Her skills have been
deployed frequently in municipal work to defuse
contentious or actively contested matters.

Furthermore, she has been repeatedly invited to
present in educational and industry forums, such as
the California Society of Municipal Finance Officers,
League of California Cities, Association of California
Water Agencies, and California Special Districts
Association, among many others.

Within the past several years with ClearSource,
Jeanette has support cost allocation, cost of service,
and user/regulatory fee studies for the following
sampling of California public agencies:
 City of Milpitas, CA | Senior Consultant –
Citywide indirect cost allocation plan, Citywide
fully burdened hourly labor rates
 County of Kern, CA | Senior Consultant – Fire
department indirect cost rates
 City of Santa Clara, CA | Senior Consultant –
Citywide indirect cost allocation plan, parks and
recreation cost recovery public outreach
 Rancho Murieta Community Services District, CA
| Senior Consultant – recycled and raw water
rates, indirect cost allocation plan
 City of Huntington Beach, CA | Senior Consultant
– Citywide user and regulatory fees, indirect cost
allocation plan
 City of Ventura, CA | Senior Consultant –
Citywide indirect cost allocation plan
Jeanette holds a Bachelor of Arts in Economics with
a Public Finance concentration from the University of
Washington, Seattle.

Jeanette will provide senior level
analysis, including framework of quantitative models,
strategic positioning in targeted subjects, and quality assurance/quality control. Jeanette is also well able
to ensure our team’s continuity of service
commitments for overall project management.

ITEM 13

SUPPORT STAFF

JEANETTE HAHN

SENIOR CONSULTANT

PROFESSIONAL EXPERIENCE I

CERES - COST ALLOCATION & USER FEE STUDY

PROJECT ROLE I
CLEARSOURCE PROPOSAL I 8

STATEMENT OF QUALIFICATIONS

40% of Total Project Hours

David
Schroeder is a Senior Consultant for ClearSource
Financial Consulting. He has served the public sector
for more than 17 years, focusing on recovery of
municipal service costs, particularly within the varied structures of California special financing districts used by cities, counties, and special purpose districts
across the state.

David’s technical expertise is centered on large-scale
and complex database analysis on multiple platforms,
geographic information systems and science (GIS),
and auditing of records and systems. Project areas in
which David applies these skills for public sector
clients have included:
 Special financing district administration,
formation, annexation, auditing, and continuing
disclosure reporting.
 Advanced GIS, including design and analysis to
support district formation, annexation,
Proposition 218 procedures, rate studies, and
development impact fee analysis.
 Solutions generation for complex issues facing
municipal clients, including fund close-outs,
independent auditing of special financing
districts, design and administration of refund
programs, and data-driven public outreach.

David’s expertise has supported a variety of public
services including: lighting and landscaping, public
safety, public facilities and maintenance services, and other municipal activities spanning general and
special benefit. He is conversant in and has trained
client agencies on GIS, including systems such as
ESRI ArcGIS and the creation and usage of GIS web
applications on the platform.

Within the past several years with ClearSource, David
has support cost allocation, cost of service, and
user/regulatory fee studies for the following sampling
of California public agencies:
 City of Santa Ana, CA | Senior Consultant –
Citywide indirect cost rates and charges, internal
service fund rates
 City of Lincoln, CA | Senior Consultant – Citywide
user/regulatory fees, indirect cost allocation
 City of Placentia, CA | Senior Consultant –
Citywide user/regulatory fees, indirect cost
allocation
 City of Solvang, CA | Senior Consultant –
Citywide user/regulatory fees, indirect cost
allocation
 City of Hemet, CA | Senior Consultant – Citywide
user/regulatory fees, indirect cost allocation
 City of Seal Beach, CA | Senior Consultant –
Citywide user/regulatory fees, indirect cost
allocation, budget analysis of labor allocations
David earned a Bachelor of Science in Business
Administration, concentrating in Accounting
Information Systems, from California State University
San Bernardino. He is also certified from the
University of West Florida’s Graduate Geographic
Information Science program.

David will provide large scale
data analysis, financial modeling, and research in
support of analytical tasks in both cost allocation and fee-oriented cost of service efforts.

ITEM 13

DAVID SCHROEDER

SENIOR CONSULTANT

PROFESSIONAL EXPERIENCE I

CERES - COST ALLOCATION & USER FEE STUDY

PROJECT ROLE I
CLEARSOURCEPROPOSALl9

SCOPE OF SERVICES
The City of Ceres is engaging a consultant to
conduct a Cost Allocation Plan and User and
Regulatory Fee Study. This type of study is focused
on the ethic of “the costs to serve” as the essential
justification for fees in California to be enacted
through action by the local governing body. Broadly
speaking, the cost of service-based fee study
answers:
 What are the costs of indirect services
supporting service provision to the community
which may be reasonably recovered across
various available mechanisms, including fees and
other charges/direct billing? (This is the chief
purpose of the Cost Allocation Plan element of
study.)
 What are the full costs of direct services
provided to the community, which currently have
or may be eligible for a user or regulatory fee?
 What are the cost recovery targets or policies of
the agency as to the amounts that should be
paid for those who request or cause these
services?
 What structure of fee ensures a reasonable
relationship between a fee amount paid and the
underlying costs to serve?
 What is the impact to the source funds of
changes to user/regulatory fees?
From our experience with similarly situated agencies
seeking these services, we believe the City expects
its selected consultant to deliver a comprehensive
review of the City’s cost recovery structure with the
goal of establishing a consistent and objectively
based fee and rate structure meeting the needs of
the City and residents. The resulting fee and rate
system must comply with all applicable laws and
regulations and be compatible with the City’s
financial system.

ClearSource expects that the fee-related services
under review in this study will focus on direct
services eligible for user fee methodology, as well as
identification during this study of any relevant
additions for services performed without a fee or for
under-quantified or ineffectively structured fees.

Within the participating departments, this can
encompass activities that generally may include:
 Regulatory activities, such as review, approval,
and inspection of land development,
construction/building, and improvements to
infrastructure, and other areas of code review,
compliance, and enforcement
 Permitting, such as special events and use of
public facilities, infrastructure, and services
 Facility rentals and use of public spaces
 Program participation
 Operations and services of individual
benefit/request or in response to individual
action
 Licensing, billing, records management, and
administrative service
 Hourly rates for direct-billing City staff time
(Revenue streams excluded from this study due to differing authority, implementation and analytical methods, and approval procedures are: utility rates and other property-related fees subject to Proposition 218 proceedings, assessments,
development impact fees, in-lieu fees, fees intended and codified more as “taxes,” punitive fines/penalties, and general taxes.) While cost recovery for the above listed direct
services are the focus of the User and Regulatory
Fee Study, the Cost Allocation Plan focuses on cost
recovery for the “indirect” services of the agency
Indirect services represent City budget units
commonly found in (but not necessarily exclusive to)
the General Fund that might include, as allowed:
 Legislative and general governmental activities
 Organization-wide management and
administration
 Central services outside of internal service funds
ITEM 13

PROJECT UNDERSTANDING
Nature of the Project
City Objectives for Study

CERES - COST ALLOCATION & USER FEE STUDY
Fee-Based and Other Services
Expected for Study
CLEARSOURCE PROPOSAL I 10

SCOPE OF SERVICES
ClearSource follows several guiding principles as we
approach this subject matter for our clients:
 Create cost allocation outcomes, user/regulatory
fees, and associated practices that are
understandable, implementable, and
maintainable.
 Care about the details. Documentation matters.

Communication with internal and external
stakeholders matters.
 Identify estimated reasonable costs of service
and use this information to set a coordinated and
mutually consistent system of fees, internal
charges, and associated policies.
 Balance the additional effort required for
ongoing administration and maintenance when
attempting to achieve a greater degree of
accuracy.
 Consider legality, existing systems, resource
capacity, and staff and community preferences
when determining the best course of action.

The following fundamental components are
embedded in the ClearSource approach to a cost
allocation and user fee study for California
municipalities:
 Adherence to the state’s legal boundaries:

Article XIIIC of the California Constitution,
Proposition 218, and Proposition 26, which direct
fees be set according to the estimated
reasonable cost of service and bear a fair and
reasonable relationship to the payer’s burdens
on or benefits received from agency service.
 Development of a dynamic indirect cost
allocation model, capable of iterations based on
cost recovery venue: either a “full cost plan” .for
application in locally-controlled revenues
versus a more constrained “federal” plan (OMB
2 CFR Part 200).
 Development of a functionally layered “full cost
of service” to represent the maximum limit for
fees and cost recovery, inclusive of direct and
indirect costs of service from participating
agency divisions and centralized agency
services.
 Valuation of agency time in providing direct
services, serving as the basis for fee structures
or for direct billing.
 Development of cost recovery policy and
practices, which optimize the agency’s array of
funding sources considering public and private
benefits, market sensitivity, compliance and
behavior modification, and fiscal constraints.
 Remodeling of fee structures where cost profiles
or agency operations necessitate change for
improved recovery or more efficient or accurate
collections.
 Full support and flexibility to complete the
administrative record and pursue successful
adoption/implementation of fee proposals.
 Identification of interfund charges for service
important to budget development and indirect
cost rates useful in ongoing program/project cost
accounting.
 Reflection of local values, including internal
perspectives and practices and existing
legislative policy or common direction.
 Adherence to committed schedule as a critical
factor in supporting City priorities and fostering
broad satisfaction with the project.
 No limit on number and format of events
needed to bring the project within this identified
Scope of Services to successful completion.
 Delivery of tools designed to be used actively
and essential to the City’s ongoing successful
update and maintenance of user fee and indirect
cost outcomes.

ClearSource expects to spend 210 hours over a 120-
day timeframe performing service for the City of
Ceres. Our efforts across both elements – the Cost
Allocation Plan and the User and Regulatory Fee
Study – will focus in the following key areas:

ITEM 13
ClearSource Guiding Principles
General Approach to Study
ClearSource Solutions
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 11

SCOPE OF SERVICES
 Remodeled Fee Structures and Service
Categories (as merited)
 Financial Foundation for the Costs of Service:
revenues, personnel costs and organization,
operating costs, and allocated
administration/central services
 Annual Service Time
 Individual Unit Service Time
 Volume of Applications, Permits, and Service
Population (as feasible)
 Cost Allocation Plan: full cost iteration for internal uses, such as interfund charges for service and
indirect cost rates for direct billing scenarios
 Fully Burdened Hourly Rates: by
department/division, by functional classification,
by staffing classification, and/or by individual
 Activity Costs of Service: by individual fee-related
service, by broad service category, and/or by
functional program
 Cost Recovery Policy: how much of the costs of
service should be recovered by a fee?
 Regional Fee Comparison: does the market
influence the City’s decision-making?
 Master Fee Schedule for 2023-24 fiscal year,
including tools for annual updates
 Project Fee and Revenue Impacts
 Departmental Interaction: project
commencement, onsite data development, and
interim review points
 Stakeholder Interaction (as necessary)
 City Council Interaction: presentation of findings
and public hearing
 Project Owner Interaction: training for future
upkeep of project outcomes and delivered tools
 Reporting: draft report, summary presentation,
staff report, and final report
 Tools: cost allocation model, fully-burdened
hourly rate models, activity costs of service
models, master fee schedule, and reporting

ClearSource presents the following work plan to complete the scope of services envisioned by the City of Ceres for the Cost Allocation Plan element of the overall Project. The City’s required services and deliverables are included in task descriptions.

ClearSource will generate common understanding of objectives, known issues to be addressed by study end, participant roles, expected procedural requirements, schedule and pre-established dates, and data collection and development measures. We will assess prevailing cost allocation models, methods, and applications, including annual procedures, internal opinions, impacts, and workload balance contrasted with the requirements of the City’s varying uses for overhead reimbursement. We will review readily available budgetary documents to gain a working knowledge of City structure and accounting practices. We will determine a plan for generating current indirect cost allocations for the host of uses identified by the City. This will likely include development of a new Excel-based model in alignment with current needs but may include modification of existing tools if City personnel prefer to sustain existing tools.

Meeting with City project management team; meeting with any applicable stakeholders

ITEM 13

DEVELOPMENT AND DOCUMENTATION OF

CRITICAL INPUTS

DEVELOPMENT AND DOCUMENTATION OF

QUANTITATIVE ANALYSIS

ENGAGEMENT AND APPROVAL

DELIVERABLE TOOLS
WORK PLAN: COST ALLOCATION PLAN
Task 1. Study Orientation

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

EVENTS:

CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 12

SCOPE OF SERVICES
ClearSource will develop the necessary foundation for quantitative analysis, with focus on necessary data and documentation of assumptions as required by the application of plan outcomes (e.g., 2 CFR 200) We will access organizational and line-item detail to support costs, allocation factors, workload metrics, and accounting structure in the cost allocation model. We will acquire and parse statistics useful as bases for distributing costs and, where necessary, develop and document alternate data sets. We will conduct targeted engagement with representatives from support services departments to influence data accessibility and relevance in the plan, such as labor time, work order records, inventories, and other volumetric or organizational tools.

Meetings, as needed, with City support services personnel

ClearSource will generate the quantitative model in Microsoft Excel to allocate indirect costs Citywide. The model will be built to accommodate change in the organization: the ability to add or remove direct and indirect costs and to adapt to a range of activities, from simple to complex.

The model is expected to identify: Citywide fund and accounting structure and fiscal year data for allocation outcomes, allocable indirect service centers, allocation bases and related distribution factors for indirect service centers, direct service centers, primary and secondary allocations, resulting annual cost allocations, resulting Citywide and departmental indirect cost rates, and resulting interfund transfers. The model will provide for future in-house or consultant updates by accommodating any “true-up” adjustment, utilizing annual inflators, or revising underlying assumptions for fiscal year basis and/or allocation metrics. ClearSource will generate a comparison of outcomes under the updated Cost Allocation Plan to prior year outcomes, including explanation for substantive differences.

Editable Microsoft Excel spreadsheet-based model

ClearSource will provide the formal documentation of the Cost Allocation Plan, as well as deliver the editable tools developed throughout the study for the City’s ownership and future use. We will include a narrative description of the Plan, describing key data and assumptions, and impacts; summary infographics; and the complete quantitative analysis as the justification for resulting Citywide and departmental indirect cost rates and interfund transfers. In compliance with OMB 2 CFR Part 200, reporting will include a description of each allocated service, identification of the units rendering services and the units receiving services, items of expense included in allocated costs, method used to distribute costs to benefitted units, schedule showing the allocation of each service to the specific benefitting units, and organizational charts. Draft reporting issued will be revised and reissued as final upon City review and input. ClearSource will provide a training session and appropriate documentation for the City’s future maintenance of the Plan.

Microsoft Excel-based and editable analytical model to allocate costs; comprehensive report identifying detailed cost allocations, interfund transfers, indirect cost rates for direct billing, impact on revenues in total and by fund/department/division, and comparative outcomes; training for City staff in future management of fees and deliverable models

Throughout the study and its concluding stages, ClearSource will facilitate a meaningful level of interaction between consultants, City personnel, and if needed, City Councilmembers, to ensure ITEM 13
Task 2. Financial and Organizational Inputs

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

EVENTS:

Task 3. Cost Allocation Model

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

DELIVERABLE :

Task 4 . Reporting and Deliverable Tools

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

DELIVERABLES:

Task 5. Review and Engagement

CLEARSOURCE

PLANNED

ACTIVITIES
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 13

SCOPE OF SERVICES
applicable and sustainable outcomes and wide understanding of impacts. ClearSource does not impose limits on number of engagements within our defined work plan and to usher study outcomes to successful implementation.

Meetings with City project management team; meeting with any applicable stakeholders; meeting with City management; meeting with City Council and/or subcommittee, as necessary

ClearSource presents the following work plan to complete the scope of services envisioned by the City of Ceres for the User and Regulatory Fee Study phase of the overall Project. The City’s required services and deliverables are included in task descriptions.

ClearSource will generate common understanding of objectives, known issues that must be addressed by study end, participant roles, expected procedural requirements, schedule and pre- established dates, and data collection and development processes. Most significantly, we will examine prevailing fees for known issues and to discuss initial and potential modifications to fee structures, practices, and policies. We will assess prevailing fees and methods to understand effectiveness of current structures, including perceived cost recovery, perceived equity, alignment of fee categories with the manner in which work is performed, perceived competitiveness in the region, and feasibility or accuracy of billing within current capabilities. We will draft initial user/regulatory fee structures, where remodeling is predicted, to direct down- stream data development steps.

Meeting with City project management team; meeting(s) with individual direct service departments overseeing fee categories under review

ClearSource will develop the necessary foundation for subsequent quantitative analysis, with focus on preparing the body of data that will inform every downstream element of the fee study.

To develop financial inputs, we will gather and model financial data including: current and historical fee revenues, personnel and contractor costs and organization, adopted line-item expenditures, forecasted periodic outlays, and allocated indirect costs via new or existing plan.

To develop and test labor time inputs, based on prevailing and future business processes, we will gather and develop expressions of time by utilizing any existing labor time-tracking data; conducting interviews to estimate a distribution of annual time across core functions of service; developing service time questionnaires linked to remodeled fee structures to estimate average or range of service times for fee-based services; applying industry experience to populate under- developed or unavailable time estimates; analyzing any existing data sets that inform workload/activity/use levels and project profiles; and reconciling annual time, service time estimates, and service volumes to test reasonableness of critical assumptions.

Meetings with individual direct service departments to develop critical inputs

ClearSource will develop fully burdened hourly labor rates in each department/division participating directly in the provision of services associated with a fee under review. Rates will be built to encompass labor costs, non-labor operating costs, departmental and/or divisional administration, Citywide central services/general administration, and periodic investments. Rates ITEM 13

AND CITY

SCOPE OF
SERVICES:

EVENTS:

WORK PLAN: USER AND REGULATORY FEE STUDY
Task 1. Study Orientation

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

EVENTS:

Task 2. Financial and Labor Time Inputs

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

EVENTS:

Task 3. Labor Time Valuation

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 14

SCOPE OF SERVICES
will be expressed by function of direct and indirect service within each department/division, where applicable and to enable cost recovery considerations for certain fee categories. Rates may be expressed as composite for the department/division, for the position class, and/or by individual position.

ClearSource will apply the outcomes from Tasks 1 and 2 – an assessment of existing fees and interaction with City staff to understanding current practices and work flow – to ensure cost of service analysis aligns with the fee structures recommended from that work, which may include elements of prevailing fees, recommendations based on prevailing business processes, system capabilities, and relevant market or industry practices applicable to City work flow. We will prepare a working model of a master fee schedule to guide subsequent analysis.

ClearSource will prepare a cost of service model to join fully burdened hourly labor rates, time estimates associated with current work flow and business processes, and existing or any redesigned fee structures, in order to calculate the full unit cost of service associated with each fee category and layers within them. The full cost of service informs the maximum fee amount allowed under California framework for establishing user/regulatory fees by City Council action.

The full cost of service at the fee or programmatic level is composed of direct labor and non-labor costs, indirect labor and non-labor costs, periodic outlays of direct or indirect benefit, departmental overhead, and Citywide overhead. Analysis will include modeling of activities with under-developed or no fee imposed but where one is warranted and practical to improve the City’s cost recovery from private benefit activities.

ClearSource will recommend cost recovery targets for fee-based services or work with City staff in developing cost recovery policy to inform final fee amounts, particularly where full cost recovery is deemed unfeasible. Development of cost recovery policy and practices will optimize the City’s array of funding sources considering public/private benefits, market sensitivity, compliance and behavior modification, and fiscal constraints. We will review and recommend where warranted associated fee practices, including waivers, discounts, deposit amounts, fee/deposit collection practices, and economic incentive practices.

ClearSource will develop a publishable master fee schedule for the City, useful in presenting proposals, as well as communicating fee descriptions, fee amounts, and charge bases to the public and to other City departments, who may have responsibility for maintaining Citywide schedules of fees. The master fee schedule developed can also include a tool for subsequent annual inflationary adjustments to the established fee structures between comprehensive cost of service studies. To the extent existing data systems enable it, revenue estimates from proposed fees based on historical or projected performance will be attempted, and we will compare prior fees in targeted service categories to assist in explaining impacts of notable changes.

ClearSource will prepare a comparison of fees to other municipalities in targeted service categories as needed, likely by creating profiles for an array of “typical” uses in addition to one- for-one comparisons.

ITEM 13

SCOPE OF
SERVICES:

Task 4 . Fee Design

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

Task 5. Cost of Service Analysis

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

Task 6. Cost Recovery and Impact Analysis

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 15

SCOPE OF SERVICES
ClearSource will prepare the administrative record for pursuing implementation of revised fees.

This focuses on the draft and final reports of cost of service findings, including assumptions, critical data, and discussion of expected impacts. Analytical detail will be included, as well as executive summary and infographics useful in public presentation and legislative processes. We will deliver the editable analytical models used to develop fees, including the detailed working master fee schedule and its streamlined, user-friendly publishable version. ClearSource will also provide presentation/summary materials for communicating proposals and assistance with both the staff report and public hearing noticing. ClearSource will provide a training session and appropriate documentation for the City’s future maintenance of master fee schedule.

Citywide Master Schedule; Microsoft Excel-based and editable analytical models to calculate cost of service based fees; comprehensive report identifying detailed full costs of service (direct and indirect), current and recommended cost recovery, revenue impacts of recommended fees, and comparison of fees to other cities; report in bound paper copies and digital file; training for City staff in future management of fees and deliverable models

Throughout the study and at its concluding stages, ClearSource will facilitate a meaningful level of interaction between consultants, City personnel, and City Councilmembers or other City Commission(s) to ensure applicable and sustainable outcomes and wide understanding of impacts. ClearSource does not impose limits on number of engagements within our defined work plan and to usher study outcomes to successful implementation.

Meetings with City project management team; meetings with individual direct service departments with fees under review, meeting with any applicable stakeholders; meetings with City Council and/or other City commission or committee); public hearing(s)

(This section continues on the following page.)

ITEM 13
Task 7. Reporting, Administrative Record , and Deliverable Tools

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

DELIVERABLES:

Task 8. Review, Engagement, and Approval

CLEARSOURCE

PLANNED

ACTIVITIES

AND CITY

SCOPE OF
SERVICES:

EVENTS:

CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 16

SCOPE OF SERVICES
ClearSource forecasts to deliver final draft reporting
for the Cost Allocation Plan and User and
Regulatory Fee Study 120 days from project
commencement. These reporting documents will
enable final presentation, final edits based on
management and/or legislative review and input, and
any necessary public procedure thereafter along the
City’s timeline and legislative priorities.

Exhibit 3 illustrates a timeline for consulting task
completion, delivery of reports, and approval
procedures. As a sample timeline, if efforts begin by
August 2023, reports will be ready for approval
stages by the end of November 2023. Outcomes
can then inform the City’s budget development
process through the winter and spring, follow a
thoughtful pace of legislative review and approval,
and upon completion of a public hearing along the
City’s agenda at the time, approved user fees can
become effective 60 days later, possibly by April 1,
2024 or concurrent with the new fiscal year by July 1,
2024.

1 | Study Orientation n/ a n/ a
2 | Financial & Organizational Inputs n/ a n/ a
3 | Cost Allocation Model n/ a n/ a
4 | Reporting & Deliverable Tools n/ a n/ a
5 | Review & Engagement +0-30 Days n/ a
1 | Study Orientation n/ a n/ a
2 | Financial & Labor Time Inputs n/ a n/ a
3 | Labor Time Valuation n/ a n/ a
4 | Fee Design n/ a n/ a
5 | Cost of Service Analysis n/ a n/ a
6 | Cost Recovery & Impact Analysis n/ a n/ a
7 | Reporting, Admin. Record, & Tools n/ a n/ a
8 | Review, Engagement, & Approval +30-60 Days +60 Days Data Development, Analysis, and Reporting Tasks Event (Actual timing and agenda to be determined. No limits on number.) Timing at City's Discretion Draft and Final Deliverable Reports, Master Fee Schedule, and Other Deliverables ITEM 13

PROJECT SCHEDULE
EXHIBIT 3 I STUDY TIMELINE BY CLEARSOURCE WORK PLAN TASK Project and Major Task
in ClearSource Work Plan
Study and Final Report Due for Approval Process
mllllllliri..+rl ■■
Cost Allocation Plan
-- - --User and Regulatory Fee Study
- --
Sample Calendar Timing Aug 2023 Sep 2023 Oct 2023 Nov 2023 Dec~~~- Jan 7/l;i.024 or ~
■
■
A
*
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 17

FEE PROPOSAL
ClearSource has developed the
work plans and schedule described earlier and
designed to deliver a successful Cost Allocation
Plan and User and Regulatory Fee Study to the
City of Ceres. To complete that project,
ClearSource proposes a total maximum cost for
this contract at $37,800.

This maximum consulting
fee is distributed to each element of the overall
project as summarized in Exhibit 4.

ClearSource commits
to finish the project as described in our work plans
without change orders. This is our standard
practice. We do not request contract
amendments for additional meetings, extra
analytical scenarios, or any extended work to aid
City staff or Council consideration. These are
normal occurrences in these types of studies and
part of the standard effort required to usher study
findings to successful conclusion. Our proposed
price is set to accomplish the work thoroughly
without upward risk to the City.

The maximum
consulting fee presented here is based on the
ClearSource team’s experience with other similarly
scoped and scaled California cities in past studies:
careful review of the City of Ceres’s existing
potential fee categories for study, service
provisions, organizational structure, and apparent
financial performance, noting the breadth of City
services that will fall under review in this effort. Our proposal ensures that all user/regulatory fees
eligible for the prescribed methodologies can be
analyzed without shortcuts or explanations for
non-analysis and that the process is carried
through to successful implementation of feasible
outcomes.

Exhibit 5 on the following page illustrates the
detail behind our presented maximum price for the
Cost Allocation Plan and User and Regulatory Fee
Study. This includes our estimated consultant labor
time paired with hourly billing rates by task
described in the ClearSource work plans.

The proposed
consulting fee presented is based on assumed
time to complete the scope of services paired with
hourly billing rates for ClearSource consultants.

The schedule of hourly billing rates for all positions
contemplated in this project is as follows:
 Rates fixed through June 30, 2024:
- Project Manager: $180 per hour
- Principal Consultant: $180 per hour
- Senior Consultant: $180 per hour
ClearSource does not bill
clients for ordinary direct expenses, such as travel
and document production. All costs incurred by
ClearSource to complete the City’s project as
currently scoped are embedded in our
professional rates. The City’s project does not
contemplate and include extraordinary expenses
such as mailing or polling as part of the
consultant’s required deliverables; therefore, no
cost above the billed time of our professionals is
proposed in our consulting fee.

Should the City seek an amendment to the
contract to add consulting services it did not
contemplate in its original scope of services as of
this submittal date, ClearSource will estimate an
Cost Allocation Plan 50 9,000 $
User and Regulatory Fee Study 160 28,800 $
ITEM 13

PROJECT BUDGET
Maximum Price

TOTAL COST I

COST BY ELEMENT I
EXHIBIT 4 I MAXIMUM CONSUL TING FEE

BY PROJECT ELEMENT
Project Elements
■Ill
..

ALL ELEMENTS NOT TO EXCEED 210 $37,800

NOT-TO-EXCEED FEE I
Consulting Fee Detail

CONSULTANT FEE BY TASK I

CERES - COST ALLOCATION & USER FEE STUDY

PROFESSIONAL RATES I

DIRECT EXPENSES I
Rates for Additional Services
CLEARSOURCE PROPOSAL I 18

FEE PROPOSAL
additional consulting fee using the professional
rates listed above.

As emphasized earlier, ClearSource will not
request contract amendments to compensation
to handle normal fluctuations in the scope of
services already defined, such as unplanned
meetings, scenarios, or elongated review
processes. An example of a situation when “added
services” would apply is adding an internal service
fund rate study to the project.

ClearSource will issue monthly progress reports to
the City. Accompanying monthly invoices will be
based on progress recorded to the project
following the major tasks described in the Work
Plans. We will not invoice for tasks not yet
completed, and we will not submit a final invoice
for the study until work is completed. Total
invoices issued over the course the study will not
exceed the maximum price presented here.

1 | Study Orientation 1 2 0 3 540$
2 | Financial & Organizational Inputs 1 4 4 9 1,620$
3 | Cost Allocation Model 0 10 10 20 3,600$
4 | Reporting & Deliverable Tools 2 8 0 10 1,800$
5 | Review & Engagement 2 6 0 8 1,440$
1 | Study Orientation 4 0 4 8 1,440$
2 | Financial & Labor Time Inputs 10 0 10 20 3,600$
3 | Labor Time Valuation 4 0 8 12 2,160$
4 | Fee Design 8 0 6 14 2,520$
5 | Cost of Service Analysis 20 4 24 48 8,640$
6 | Cost Recovery & Impact Analysis 12 2 10 24 4,320$
7 | Reporting, Admin. Record, & Tools 6 2 8 16 2,880$
8 | Review, Engagement, & Approval 12 0 6 18 3,240$
ITEM 13
Manner of Payment
EXHIBIT 5 I CONSULTANT TIME BY PROJECT ELEMENT AND FEE BY STUDY TASK Project Element and Major Task
ClearSource Labor
Project
Manager
Madsen
Senior
Consultant
Hahn
Senior
Consultant
Schroeder
Professional Hourly Rates, Actual: $180 $180 $180
Cost Allocation Plan
Total Project
Labor
Hours
Consulting
Fee
Subtotal for Single Element 6 30 14 50 $ 9,000
User and Regulatory Fee Study
Subtotal for Single Element 76 8 76 160 $ 28,800
SUBTOTAL NOT TO EXCEED 82 38 90 210 $ 37,800
CERES - COST ALLOCATION & USER FEE STUDY CLEARSOURCE PROPOSAL I 19

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 26, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Tamra Spade, Redevelopment/Economic Development Manager [email protected], (209) 538-5773
SUBJECT: Resolution No. 2023-XXX, Approving an Expenditure of $180,000 to the National Fitness Campaign to Construct an O utdoor Fitness Center Using American Rescue Plan Act Funds
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution approving a $180,000 expenditure to the National Fitness Campaign for the construction of an outdoor fitness center at either Whitmore Park or River Bluff Regional Park using American Rescue Plan Act Funds.

I. BACKGROUND:

The National Fitness Campaign builds public-private partnerships that help fund, design, and promote outdoor Fitness Courts, which are now open in more than 400 cites. The need for physical activity and the associated mental and economic cost is a problem. An outdoor Fitness Gym would offer a range of exercise equipment and facility designed specifically for outdoor use.

II. REASONS FOR RECOMMENDATION:

In today’s fast paced world, maintaining a healthy and active lifestyle has become increasingly important. Moreover, an outdoor fitness gym would promote physical activity in a scenic and invi ting environment. Exercising outdoors has been proven to boost mental well-being and reduce stress levels, offering a holistic approach to fitness that encompasses both physical and mental health. Financially supporting the National Fitness Campaign would address the need for a convenient, affordable, and inclusive fitness option in our community. By leveraging the benefits of outdoor exercise, we can provide a unique and engaging experience that promotes physical and mental well-being for all. We propose using $180,000 of ARPA funding to cover the one- time construction expense. The outdoor gym would enhance our downtown area by providing additional activities, or it could be placed in River Bluff Regional Park where there are existing walking trails, a river, and other outdoor activities available.

ITEM 14
III. FISCAL IMPACTS:

The $180,000 construction cost would be funded from the first tranche of the American Rescue Plan Act (ARPA) funds that the city received. The city has been awarded a $30,000 grant to help pay for the total cost of the project, which is $210,000. A budget amendment and resolution are attached to this staff report.

Due to the time limitations connected to the grant funding, the City must decide to fund the project by the end of June 2023. For this reason, this project is being presented prior to the comprehensive ARPA discussions planned this, Summer.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

1. Community Engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.
a. C oll
aborate with community groups to achieve mutual goals.

V. POLICY ALTERNATIVES:

The City Council could choose not to fund this National Fitness Campaign.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The public can offer comments.

VIII. EN
VIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval, staff will move forward with expenditures of $1 80,000 and provide funds in addition to the $30,000 awarded grant to the National Fitness Campaign to start and complete development.

Approv
ed by: __________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B
– Budget Amendment
ITEM 14

ATTACHMENT A
RESOLUTION NO.
2023-XXX
APPROVING AN EXPENDITURE OF $180,000 TO THE NATIONAL FITNESS

CAMPAIGN TO CONSTRUCT AN OUTDOOR FITNESS CENTER USING AMERICAN

RESCUE PLAN ACT FUNDS

THE CIT Y CO UNCIL
City of Ceres, California
WHEREAS, the C ity of Ceres A nnual Budget is an action and financial pl an of services to be provided to the citizens of Ceres; and
WHEREAS, the City Council approved the 2022-2023 budget which included the use of general funds for various projects. The $180,000 expenditure will help fund and build the National Fitness Campaign outdoor gym; and
WHEREAS, the National Fitness Campaign outdoor gym will bring a positive , holistic approach to fitness that encompasses both physical and mental health to the City of Ceres community; and
WHEREAS, the expense to support this campaign is intended and planned to have a positive impact on the City supporting physical and mental well-being for all; and WHEREAS, a budget amendment is proposed to pay from the first round of ARPA funds account for 219.60.800500 for construction and implementation of the National Fitness Campaign.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an expenditure of $180,000 to the National Fitness Campaign to construct an outdoor fitness center using American Rescue Plan Act funds.

BE IT FURTHER RESOLVED the Fiscal Year 2022- 23 Budget Amendment, as set forth in “Exhibit A,” is attached hereto and incorporated herein by reference, and the Director of Finance is hereby authorized and directed to record the appropriate account entries.

PASSED AND ADOPTED by
the Ceres City Council at a regular meeting thereof
held on the 26th day of June 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_____________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14

ATTACHMENT B
Budget Amendment No.

Fiscal Year 2022 - 2023

Reference Resolution No. 2023-XXX, dated June 26, 2023 authorizing appropriations for the expenditure of $180,000 first round of American Plan Act(ARPA)funds as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA Fund 219 60 800500 $180,000

Requested Appropriation $180,000
2021 - 2022 Current Appropriation 0
Total Appropriation $180,000

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue $0
2022-2023 Current Estimated Revenue +0
Total Estimated Revenue $0

Fiscal Impact: $180,000 from first round of ARPA Fund

ITEM 14
ITEM 14

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James
Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 26, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Doug Dunford, Interim City Manager
[email protected], (209) 538-5751
SUBJECT: Resolution No. 2023 -XXX, Authorizing the City Manager to Enter into a Professional Services Agreement with Harris and Associates to Conduct an Impact Fee Study
RECOMMENDED COUNCIL ACTION:

St
aff recommends City Council authorize an appropriation not to exceed $65 ,000 for a comprehensive rate study on Impact Fees and direct the Interim City Manager to contract with Harris and Associates for those services.

I. BACKGROUND:

Th
e City relies on the collection of several different types of revenues to provide services and programs to residents. In addition to enterprise fees based upon approved rate schedules, the City also collects fines, and fees for services and programs.

Council has the discretion to set the majority of fees for services and programs. City fees for facilities, services and programs generally are updated every five years and the most recent comprehensive study of these took place in 2008. This means the majority of fees in the City have not increased in over ten years. In that time, the cost related to maintain the status quo in facilities, services and programs have risen. While the City continually institutes cost-saving measures, the fact remains that cost of nearly all goods, especially during the pandemic, have risen each year along with the cost for personnel. Even if salaries remain static, personnel costs, such as workers compensation, minimum wage, and benefits generally increase annually. Minimum wage alone has increased by five dollars in five years since the last fee study. Cutting expenses can only provide so much relief to offset those increases and revenue sources are limited.

As Council has been informed in past budget discussions, staff struggles to maintain services and programs at current fee levels. At the same time, the Council has also expressed a desire to improve facilities and expand programs. With limited options, it is ITEM 15
important to look at the City Impact Fees to determine if the appropriate amount is still being recovered.

The following are some examples of the impact fees that would be included in the study:
general government, police, fire, parks, water, and sewer. This year staff is asking to include a new column of Traffic Impact Fees. In addition, the City is currently looking at multiple developments possibly coming into the City. Staff believes it would be appropriate to include the traffic impact fee study as well to cover the additional costs of traffic.

Given the required person-hours and specialized nature of the study, staff recommends hiring a consultant, as has been done in the past. Working with a consultant that is familiar with the City affords cost savings. It is important to note that, after completing a study, the consultant could recommend reducing fees—this is not anticipated but it is possible.

Staff is recommending Harris and Associates, which is the same firm that completed numerous studies for various surrounding cities. Harris and Associates is familiar with the City and can complete the study in a timely manner and have it prepared for Council review by January 2024. At that point, Council can make the determination if the fee would take effect in 60 days or wait until July 1, 2024 and implement the fees at that time.

II. REASONS FOR RECOMMENDATION:

The Impact Fees have not been increased in several years.

III. FISCAL IMPACTS:

Based off negotiations with Harris and Associates, staff recommends that an amount not to exceed $65,000 be authorized for the consultant services required total for the Impact Fee Study.

Staff reached out to Gouveia Engineering and the Goodwin Group. Both organizations were higher at 75,000 and 80,000 respectfully and the timelines were longer by three months.

The costs also include adding the Traffic Study Fee to the project. Harris and Associates would be starting from scratch on developing this Impact Fee. However, the benefit to having these fees is the City will be better prepared for traffic volumes in the future with the interest in developments increasing.

Staff is recommending that since the Impact Fee Study involves various areas of the City, it would be appropriate to take the costs of the entire project out of the ARPA funds.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

The City Council could decide not to conduct the study.

ITEM 15
VI. INTERDEPARTMENTAL COORDINATION:

The City Attorney and City Staff were involved in the preparation of the item.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLL OWING APPROVAL:

Upon council approval, staff will finalize the execution of the agreement and begin the fee study.

Approv
ed by: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B
– Budget Amendment

3. Attachment C – Professional Services Agreement for Harris and Associates

4. Attachment D – Harris and Associates Proposal
ITEM 15
ITEM 15

ATTACHMENT A
RESOLUTION NO. 2023-XXX

AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND

ASSOCIATES TO CONDUCT AN IMPACT FEE STUDY

THE CITY COUNCIL
City of Ceres
WHEREAS, the City relies on the collection of several types of revenues to provide services and programs to residents; and
WHEREAS, Council has the discretion to set the majority of fees for services and programs; and
WHEREAS, comprehensive studies on program fees and services are generally conducted every five years; and
WHEREAS, the last study conducted for the City was 15 years ago; and WHEREAS, the cost of goods and services have significantly increased; and WHEREAS, staff recommends the Council authorize entering into an agreement with Harris and Associates in the amount not to exceed $65,000.00 to conduct an Impact Fee Study; and
WHEREAS, Harris and Associates will have a completed study for the Council to review by January 2024.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the City Manager to enter into a Professional Services Agreement with Harris and Associates to conduct an Impact Fee Study.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 15
ITEM 15

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2022 – 2023

Reference Resolution No. 2023-XXX dated June 26, 2023 for Harris and Associates to Conduct an Impact Fee Study.

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No. Appropriation Amount

ARPA Fund

219

60 029900

$65,000.00

Requested Appropriation $ 65,000.00

2022 - 2023 Current Appropriation + -0-

Total Appropriation $ 65,000.00

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated Revenue
Amt.

Total Estimated Revenue $

2022 - 2023 Current Estimated Revenue +

Total Estimated Revenue $

Fiscal Impact: Funds are available in the ARPA Fund to complete this project.

ITEM 15
ITEM 15

ATTACHMENT C
1 28859.00009\30469806.1

CITY OF CERES

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of June 27, 2023 by and between the City of Ceres, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 2220 Magnolia Street, Ceres, California 95307 (“City”), and Harris and Associates, a California corporation with its principal place of business at 22 Executive Park, Suite 200, Irvine, CA 92614 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Impact Fee Study Project (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. S
ervices .

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. C ompensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Sixty Five Thousand Dollars ($65,000). This amount is to cover all related costs, and the City will not pay any additional fees for expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. b. P eriodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. A
dditional Work .

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a ITEM 15

ATTACHMENT C
2 28859.00009\30469806.1
statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. M aintenance of Records .

5. Ti me of Performance .

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).

6. D elays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non- performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. C ompliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. S tandard of Care
ITEM 15

9. A ssignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and wit hout legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and sub-consultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. I ndependent Consultant
Consultant is retained as an independent contractor and is not an employee of City . No employee or agent of Consultant shall become an employee of City . The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

ATTACHMENT C
4 28859.00009\30469806.1
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City , and provided that such deductibles shall not apply to the City as an additional insured. b. A utomobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City , its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City , the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. W orkers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

d. P
rofessional Liability (Errors and Omissions)
ITEM 15

Combined Single Limit
Commercial General Liability $1,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. E
vidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25 -S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. P
olicy Provisions Required
(i) Consultant shall provide the City a t least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to ITEM 15

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non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the ef fective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages , except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub - consultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Q
ualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. A
dditional Insurance Pr ovisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

ITEM 15

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(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Su b -consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub -consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular sub- contractors or sub-consultants.

12. Indem nification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City ), indemnify and hold the City , its officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims’) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys ’ fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

ITEM 15

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13. C alifornia Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub - consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.
b. I f the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub- consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub- consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

14. V
erification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all sub- consultants and sub-sub-consultants to comply with the same.

15. [ reserved]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any acti on is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California. 17 Ter mination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed pri or to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of ITEM 15

19. Organization
Consultant shall assign Terry Madsen as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Li mitation of Agreement .

This Agreement is limited to and includes only the work included in the Project described above.

21. No tice

CITY:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: Interim City Manager
CONSULTANT:

Harris and Associates
22 Executive Park, Suite 200
Irvine, CA 92614
Attn: Alison Bouley

and shall be effective upon receipt thereof.

22. Thi
rd Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. E qual Opportunity Employment.

ITEM 15

25. S
everability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

27. No
n -Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Ti me of Essence
Time is of the essence for each and every provision of this Agreement.

29. Cit y ’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

ATTACHMENT C
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from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City , during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
ITEM 15

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CERES

AND HARRIS AND ASSOCIATES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CERES HARRIS AND ASSOCIATES

By: By:

Doug Dunford
Interim C ity Manager Its: Alison Bouley

P rinted Name:

ATTEST:

By:

Fallon Martin
City Clerk

ITEM 15

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EXHIBIT A
Scope of Services

TASK 1 – PROJECT KICK-OFF AND PROJECT MANAGEMENT
Harris will participate in a kick -off meeting via conference call to discuss the project, timeline, and desired outcomes. Harris will also review the methodologies used in 20 08 and discuss whether there is better information for any of the fee areas and/or if any new facilities have been built since 2008. Harris will discuss new bills that were just signed and changes that will need to be made to the study to bring the fee into compliance As part of this task, Harris will also coordinate wit h the traffic consultant and will prepare and send monthly invoices and project reports. It is assumed the project duration will be 5 months.

Harris will attend calls with the City during the initial phases of the project to help keep the project on track. It is assumed that four calls will be attended as part of updating the PFIF.

Harris will update the land use information that was used in the 20 08 PFIF update to account for changes in the growth projections and growth that has occurred since 2018.

Harris will gather other assumptions such as persons per household, existing city population and employment, and future population and employment. Harris will prepare a summary of the assumptions for City approval prior to moving forward with the calculations.

TASK 2 – STAFF INTERVIEWS AND INFORMATION GATHERING
We will review all available information and based on our understanding of the City’s intentions we will consider and suggest applicable assumptions for our analysis. Study locations will be suggested, and we will identify any remaining concerns that we may have in a summary letter to the client. We will attend one video meeting to discuss our work.

Task 3 – LAND USE ASSUMPTIONS
Harris will review the City’s General Plan, Housing Element, and / or Master Plans and work with City Staff to gather information regarding future development in the City.

Development Impact Fees may only be assessed on development projects that increase the demand for public infrastruction needs. Harris will gather other assumptions such as persons per household, existing city population and employment/ Harris will prepare a summary of the assumptions for City approval prior to moving forward with the calculations.

TASK 4– DRAFT DEVELOPMENT IMPACT FEES
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Harris will work with the City to review the list of infrastructure from the 20 08 fee study to discuss any necessary changes. Harris will incorporate any new infrastructures from the Ceres Master Plan into the required infrastructure and address It is anticipated the following changes will be made:

1. Add an in-lieu fee for parks.

2. Incorporate the new traffic fee.

3. For Level of Service Fees, update the existing facility inventory, fund balance, and values.

4. For planned infrastructure fees, update project costs by ENR, CPI or other available information.

5. Add infrastructure from the Specific Ceres Master Plan as appropriate.

6. Add land cost to any future well projects.

7. Update Implementation and Administration section to incorporate recent changes such as online reporting requirements.

Harris will calculate the recommended fee for each land use type in compliance with the requirements of Section 66000 of the Government Code. An administrative fee will also be calculated that will fund this impact fee study, annual administration and reporting requirements, and future fee updates
Harris will also prepare a comparison of surrounding jurisdictions. Up to six jurisdictions will be included.

Harris will provide the fee calculation and comparison to City and will meet with the City during one of our coordination meetings to discuss and address any concerns.

TASK 5 – DEVELOPMENT IMPACT FEE STUDY
Once all parties agree on the fees, Harris will update the PFIF study. The study will make the required nexus findings, discuss annual fee update procedures and outline the required administrative procedures. The study will contain all required legal and technical documentation. Harris will meet with the City during one of our coordination meetings to discuss the report and any concerns. Harris will incorporate any comments received into the document and prepare a final draft.

TASK 6 - STAKEHOLDER MEETINGS
Harris will prepare and make presentations on the methodology, findings, and implications of the revised impact fees at two stakeholder meetings to facilitate their understanding of the PFIF update. The presentations will be prepared in a clear and ITEM 15

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EXHIBIT B

Task 1 Project Kick off and Project Management ------------------------------------$9,395

Task 2 Staff Interviews and Information Gathering------------------------------------$9,260

Task 3 – Land Use Assumptions --------------------------------------------------------------$4,760

Task 4 - Draft Development Impact Fees------------------------------------------------$18,090

Task 5 – Development Impact Fee Study------------------------------------------------$15,840

Task 6 – Stakeholder Meetings----------------------------------------------------------------$7,200

Total --------------------------------------------------------------------------------------------------$65,000 ITEM 15

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EXHIBIT C
Activity Schedule

Harris has prepared the following schedule based on our experience on similar projects. Harris and Associates have targeted the second meeting in January 2024, if the City wishes to have the fees effective by April 1, 2024. If the City desires, it can wait and implement the fees on July 1, 2024.

Task 1 – Public Facilities Impact Fee Update – June – Mid- January 2024 Task 2 – Staff Interviews and Information Gathering – July through Mid-August Task 3 – Land Use Assumptions – Late July through Late August 2023 Task 4 – Draft Development Impact Fees- Mid August through October 1, 2023 Task 5 – Development Impact Fee Study – October thru Mid – November 2023 Task 6 – Stakeholder Meetings – Mid – November thru January 2024.

ITEM 15
3620 American River Drive, Suite 175, Sacramento, CA 95864  p: 916.970.8001  f: 866.356.0998  www.WeAreHarris.com August 26, 2022
June 12, 2023
Doug Dunford
Interim City Manager
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Re: Proposal for Development Impact Fee Study
Dear Mr. Dunford:

Harris & Associates (Harris) appreciates the opportunity to provide a proposal to perform a Development Impact Fee Study for the City of Ceres (City). Harris has worked with agencies throughout California to prepare and update Development Impact Fee Studies in compliance with Assembly Bill (AB) 1600, also known as the Mitigation Fee Act, and associated legislation. We understand the challenges faced by our communities today in balancing a multitude of financial demands and look forward to the opportunity to assist the City in maximizing its revenue stream through a defensible and comprehensive impact fee program. The attached proposal describes our team’s qualifications for providing these services and our approach to completing the project successfully.

Founded in 1974, Harris specializes in serving the professional service needs of public agencies and institutions in the Western states. We provide expertise from project conception through occupancy in the municipal, transportation, water, and education market sectors. Harris offers our clients expertise and assistance in municipal and district finance, engineering, program and construction management, affordable housing, urban planning, and environmental services. With 220+ employees, Harris is sized to keep your project a priority and be personally vested in its success.

The Harris team offers the City the following benefits:

Project Commitment. We understand the importance of completing a Development Impact Fee Study on time and communicating with City staff regularly regarding any project issues. Having worked closely with many agencies on similar projects, we understand that time is money when it comes to impact fee updates. Harris has developed a schedule designed to move this project forward quickly. We know that City staff members have many priorities and we understand the need to use your time wisely. We will work with you to determine the best methods for communication and decision-making. Holding regular meetings will confirm that decisions are made in a timely manner and all parties follow through on action items to keep the project moving forward while keeping all parties in the loop.

Competence, Technical Ability, and Experience. Our team understands the requirements of AB 1600 and the issues related to the adoption of impact fee programs. We also keep up on current case law, such as the San Clemente Beach Parking case, which highlights the importance of making proper five-year findings, as well as AB 602 which mandated several new requirements for impact fees. Because we are involved in the formation of studies as well as in their implementation, we have a well-informed perspective of implementing successful

ATTACHMENT D
ITEM 15
= Harris & Associates

2 impact fee programs and will use that expertise in making sound, long-term decisions for the City to complete this impact fee program on budget and on schedule. We will leverage our experience working for a variety of different agencies to help formulate the best possible infrastructure funding strategy for the City.

Engineering and Financial Expertise. As registered engineers with comprehensive experience in developing fee programs, we will make sure that there is a solid link between the identified infrastructure, cost estimates, and impact fees. We will work with you to develop a thorough, long-range solution to the City’s development- related infrastructure needs, while balancing the economic implications that can result from setting impact fees too high. As financial experts, we are aware of the challenges facing California today and the emerging trends with the implementation of development impact fee programs including affordable housing, accessory dwelling unit fees, and scalable fee programs.

Team Experience

Harris’ Municipal District Finance team provides our clients with a broad range of public financing and assessment engineering services. Our unique combination of being engineers and financial experts allows us to provide a host of services to our clients resulting in reduced City staff time on projects. Harris provides our clients with the technical expertise and knowledge needed to develop and implement sound financial strategies that will provide your community with the services and facilities needed to meet the needs of new residents and workers. Our proposed project team members are experts with AB 1600 Development Impact Fees and keep up to date on recent legislation such as recently passed AB 602. In addition, we have extensive experience with special benefit analyses and have extensive knowledge of State codes and funding mechanisms relating to special financing districts, including Article XIIID of the California Constitution (Proposition 218) and related legislation. Our services have included:

• Development Impact Fees in compliance with AB 1600, Utility User Fees and other types of Fee Programs • Feasibility and rate studies to determine the best financing options • Maintenance fee establishment per the Health and Safety Code • Maintenance Assessment Districts, such as the California Landscape and Lighting Act of 1972 and Benefit Assessment Act of 1982, Fire Suppression and Charter City assessment district formation and administration services
• Assessment district formation and administration under California’s 1911 Act and 1913/1915 Act • Community facility district formation and administration under California’s Mello-Roos Community Facilities District Act
• Benefit nexus studies and ballot preparation pursuant to Article XIIID of the California State Constitution • Tax formulas for special tax districts
• Cost Reimbursement Review
• Presentations to public agencies and communities
• Affordable Housing and Commercial Linkage Fees
• Parking-in-lieu fees
• Community Revitalization Investment Areas (CRIA)
• Tax Increment Analysis
• Business Improvement Districts
• Fiscal and Economic Analysis
• Market Studies
ITEM 15
B I Harris & Associates

3 In developing Impact Fee Programs in accordance with the Mitigation Fee Act (AB 1600), as engineers, Harris is able to review Master Plans and other technical documents to determine the impact fee eligible projects, develop the projected costs of facilities, and develop strategies to ensure that new development is paying for only their fair share. This experience and knowledge helps ensure that the recommended fees will provide the revenues needed to construct the facilities necessary to serve new development.

Project Approach and Understanding

The City wishes to update their existing Development Impact Fee Study (Study) . Currently the City collects fees for Police, Fire Protection, Municipal Facilities and Equipment, Wastewater, Parks and Recreation, Community Facilities, Transportation, Drainage, Information Technology, and Water.

The Nexus study must meet the requirements of the Mitigation Fee Act (Act) and be developed such that the City can administer, update, and maintain the program over time while providing the funding for new facilities. The Mitigation Fee Act, common ly known as AB 1600, was enacted by the state of California in 1987 and created Section 66000 et. seq. of the California Government Code. AB 1600 was enacted to ensure that new development mitigates its impact on the agency’s infrastructure. The Act sets requirements for establishing the fee as well as annual reporting requirements. In addition, every five years the agency must make findings that demonstrate the continuing need for the fee and show that there is an expenditure plan for all fee revenues. Additional legislation has been passed in recent years in an attempt to increase transparency and alleviate the housing crisis that California is experiencing. One of the most significant changes is the passing of AB 602, which was enacted by the State of California in 2021. AB 602 set a number of new requirements, including the requirement that agencies adopt a Capital Improvement Program (CIP) along with their nexus studies and fees on residential units will be collected on a per square footage basis unless the agency provides adequate justification as to why collecting fees on a square footage basis is not appropriate for their jurisdiction. Harris’ scope includes additional work related to these new requirements.

Key Personnel

Harris has assembled an experienced team with the ability to develop an Impact Fee Program that will stand up to legal scrutiny and balance the City’s financial and economic goals. Harris has provided financial engineering services to local communities for more than 20 years and is proud to serve as our clients’ trusted advisor. As a testament to this, Alison Bouley, PE, will serve as the project director on this project. She leads Harris Municipal + District Finance Team and has over 23 years of public finance experience. Project manager, Megan Quinn, has over 16 years of experience with similar projects and her history of high-quality service to local municipalities will translate directly to her role on this project. Our team members are both civil engineers and financial experts; a unique combination that minimizes the time commitment of the City, since our staff are able to understand and process the technical components of the various background documents.

Megan Quinn will lead the Harris team as project manager and will be the City’s first point of contact. She will be supported by Connie Fife, Adam Marston, Joel Nagamine, and Alexa Ludke, who will serve as technical support on the project and will prepare tables, calculations, cost estimates, and the impact fee study. Alison Bouley will serve as project director, providing QA/QC, and confirming that the project runs smoothly.

ITEM 15
B I Harris & Associates

4 Alison Bouley, PE  Project Director

Alison is the head of our Municipal and District Finance team and has 23 years of experience in managing the programming and financing of infrastructure improvements. Financing for these improvements includes Assessment Districts, Mello-Roos Community Facilities District bonds, and development impact fees in accordance with AB1600. Alison has been responsible for preparing development impact fee reports, budget and cash flow reports, development agreements, staff reports, and council presentations. Alison has also assisted with verifying and determining eligible reimbursements due to developers for construction of facilities financed through the bond proceeds. She is a true team-player, thriving in environments where she can accomplish the challenges presented by her clients.

RELEVANT EXPERIENCE
• City of Oxnard, Development Impact Fee Update, Affordable Housing Fee, Impact Fee Annual Reports, Downtown Parking In-Lieu Fee. Project Director.
• Mountain House Community Services District, Community Facilities Fee Update, Transportation Improvement Fee Update, and Annexation Fee Development. Project Director/Project Manager. • City of Stockton, Master Plans and Development Impact Fee Update. Project Director. • City of Rancho Cordova, CFD Formation and Administration and Zone 11a Storm Drainage Fee, Project Director. • City of Tracy , Citywide Master Plans and AB 1600 Fee Studies and Ongoing Program Management . Project Manager/Project Director.
• City of Lodi, Master Plans and Development Impact Fee Update. Project Manager/Project Director. • City of Millbrae, Comprehensive Development Impact Fee Study. Project Director. • City of Gustine. Public Facilities Impact Fee Update, Project Director.

Megan Quinn  Project Manager

Megan specializes in guiding clients through municipal funding challenges. With over 17 years in the field, she excels at creating solutions related to public finance, real estate economics, land use planning, and financial analysis. Megan has helped multiple public and private entities identify financing structures to fund both infrastructure and operations. The knowledge and experience she’s gained from these diverse projects inform her work on a range of economic and policy analyses for small- and large-scale projects spanning urban, suburban, and rural settings at the local, regional, and statewide levels. Megan’s broad-based background enables her to perform a breadth of financial, economic, and policy analyses. Megan has managed numerous projects related to assessing public facility needs, including public facility financing plans, AB 1600 nexus studies, fiscal impact analyses, due diligence related to development impact fees, financial feasibility studies, and land- secured financing options, among other areas.

RELEVANT EXPERIENCE
• City of Sacramento, North Natomas, Delta Shores, Panhandle, and Railyards Finance Plan Cost Updates.

Project Manager.
• Mountain House Community Services District, Community Facilities Fee and Transportation Improvement Fee Updates. Project Manager.
• City of Sacramento, Public Facilities Financing Plan and Nexus Study. Project Manager.

ITEM 15
B I Harris & Associates

5 • City of Millbrae, Comprehensive Development Impact Fees Study. Senior Analyst. • City of Stockton, Master Plans and Development Impact Fee Update. Project Manager. • City of Tracy, Tracy Infrastructure Master Plan (TIMP) Impact Fee Nexus Study. Project Manager. • Rancho Cordova, Zone 11a Storm Drainage Fee Study. Project Manager. • City of Cathedral City, Development Impact Fee Update. Project Manager. • City of Moorpark, Development Impact Fee Update. Project Manager.

Connie Fife  Senior Project Analyst
Connie has held various positions and roles over the past 7 years within local government agencies and has a strong foundation in local government policies and practices. Knowledgeable in municipal procedures and able to strategically approach problems with a broader perspective, Connie has been the point-person entrusted to modernize longstanding processes and move large projects forward. Connie has experience in administering and implementing development impact fee programs, drafting nexus studies, and performing reimbursement audits. Connie is a committed team player and can adapt to meet the challenges of constantly evolving field of municipal district financing.

RELEVANT EXPERIENCE
• City of Tracy, Annual AB 1600 Report, Project Manager. • City of Moorpark, Development Impact Fee Update, Deputy Project Manager. • City of Tracy, Tracy Infrastructure Master Plan (TIMP) Nexus Study, Senior Project Analyst. • City of Cathedral City, Impact Fee Update, Senior Project Analyst. • City of Manteca, Government Buildings Fee Update, Senior Project Analyst. • City of Chula Vista, Development Impact Fee Administration, Senior Project Analyst.

Adam Marston Senior Project Analyst
Adam has eight years of experience and has been involved in preparing finance and implementation plans, calculating development impact fees, preparing fee credit calculations, and performing reimbursement audits. He has also been involved in a number of utility undergrounding master plans and funding studies. Adam has direct experience working as an integral part of a City’s Community Development Department. He is a versatile team-player, focused on connecting with clients and stakeholders alike to deliver a final product reflective of a collective vision of the community.

RELEVANT EXPERIENCE
• City of Gustine, Public Facilities Impact Fee Update, Project Manager. • City of Costa Mesa, Development Impact Fee Update. Project Manager. • City of Lodi, Development Impact Fee Update. Project Manager. • City of Cathedral City, Development Impact Fee Update. Senior Project Analyst. • Rancho Cordova, Zone 11a Storm Drainage Fee Study. Senior Project Analyst. • City of Tracy, Northeast Industrial Fee Study. Senior Project Analyst.

ITEM 15
B I Harris & Associates

6 Joel Nagamine, PE Project Engineer

Joel has five years of experience working directly with impact fee updates. He is a project engineer with experience in cost estimating. He has been assisting with the credit calculations, Finance and Implementation Plans, and updating development impact fees in accordance with AB1600 requirements. He has also been assisting on various acquisition audit projects by reviewing the bid documents and change orders, reviewing invoices and proofs of payment submitted by the developer, and performing the cost/reimbursement analyses.

RELEVANT EXPERIENCE

• City of Sacramento, North Natomas Finance Plan Update. Project Engineer. • City of Sacramento, North Natomas Development Area. Project Engineer. • City of Sacramento, Railyards Finance Plan Cost Peer Review. Project Engineer. • Mountain House Community Service District, Mountain House Annexation Fee, Community Facilities Fee, and Transportation Improvement Fee. Project Engineer.
• City of Tracy, Program Management Services. Project Engineer.

Alexa Ludke Project Analyst

Alexa has over 5 years of experience in statistical and financial analysis. She is experienced at conducting policy, legislative, and financial research. She is experienced at working with large datasets and synthesizing data for analysis.

Alexa has been assisting with credit calculations, Finance and Implementation Plans, and updating development impact fees in accordance with AB1600 requirements. She is passionate about the data pipeline from collection to presentation and is deeply invested in connecting with stakeholders and communities in order to provide the highest quality of service possible to clients.

RELEVANT EXPERIENCE
• Mountain House Community Services District, Community Facilities Fee and Transportation Improvement Fee Study Comprehensive Update. Project Analyst.
• City of Novato, Annual AB1600 Reports. Project Analyst. • City of Tracy, Tracy Infrastructure Master Plan (TIMP) Impact Fee Nexus Study. Project Analyst. • City of Escondido, Development Impact Fee Analysis. Project Analyst. • City of Oxnard, Annual Impact Fee Report. Project Analyst. • City of Moorpark, Development Impact Fee Update. Project Analyst. • Cathedral City, Development Impact Fee Update. Project Analyst.

ITEM 15
B I Harris & Associates

7 Scope of Service

Harris has prepared the following scope of work to prepare a Development Impact Fee Study for the City. This scope of work includes the following current and potential fee categories:

• Police Fee
• Fire Protection Fee
• Municipal Facilities and Equipment Fee
• Water Connection Fee
• Wastewater Connection Fee

• Parks and Recreation Fee
• Community Facilities Fee
• Transportation Fee
• Drainage Fee
• Information Technology Fee

Task 1 – Project Kick-off and Project Management

Harris will review the City’s available documentation and participate in a kick-off call to discuss the goals for the project, communication protocols, and the project schedule. Harris will discuss the information that is needed for the update, potential fee categories, and a strategy for obtaining the information.

As part of this task, Harris will regularly update the City on the progress of the project through our monthly check- in calls, monthly progress reports and regular emails. It is anticipated that the duration of the project will be 8 months.

Task 2 – Staff Interviews and Information Gathering

Harris will participate in calls with individual members of City staff to gain an understanding of the purpose and use of the fees and the projects that each department wishes to fund with the development impact fees. It is anticipated that up to six (6) calls will be required.

Harris will review the existing fee studies and background documentation including ordinances and resolutions, any Master Plans, the City’s general plan, and any other available studies that identify the City’s goals and required infrastructure needs. The goal of this task is to better understand the needs and goals of the City for each impact fee category and to gather the information that will serve as the basis for the fees. One of the new requirements of AB 602 is that the City include a CIP as part of the nexus study. If the projects are not readily available through adopted studies or existing CIP’s we will need staff guidance in developing this list and cost estimates. If staff is unable to provide this support additional master planning may be required that is outside of this scope of work.

Once all documentation has been reviewed, Harris will participate in a call with staff to discuss the overall fee approach given the supporting documentation that is available. Harris will also discuss the requirements of AB602.

If new categories of fees are identified outside this scope or documentation to support the fees is not available, a scope amendment may be necessary

Task 3 – Land Use Assumptions

Harris will review the City’s General Plan, Housing Element, and/or Master Plans and work with City staff to gather information regardin g future development in the City . Development Impact Fees may only be assessed on development projects that increase the demand for public infrastructure needs. Harris will gather other assumptions such as persons per household, existing city population and employment, and future population and ITEM 15
B I Harris & Associates

8 employment. Harris will prepare a summary of the a ssumptions for City approval prior to moving forward with the calculations.

Task 4 – Draft Development Impact Fees

Harris will work with City staff to understand the facilities and supporting infrastructure (i.e. equipment and vehicles) needed to serve future development. We will develop the project lists and update cost estimates utilizing the City’s existing plans, discussions with City staff, and level of service analysis. In some cases, where future facilities can not be able to be determined, such as with public safety facilities, a level of service analysis can be completed that sets funding at levels that maintain the City’s existing level of service (i.e., square feet of Fire Stations per resident).

When the land use assumptions and the identification of the needed facilities are completed, Harris will determine the methodology to allocate the infrastructure costs in each fee category to the various land uses based on the additional residents and employees that these new developments generate.

Harris will calculate the recommended fee for each land use type in compliance with the requirements of Section 66000 of the Government Code. An administrative fee will also be calculated to fund impact fee studies, annual administration, City staff administration, and reporting requirements.

Harris will prepare a comparison of the development impact fees from surrounding jurisdictions. Up to six jurisdictions will be included and will be based on input from the City as to which cities are to be included.

Harris will prepare the draft fees and fee comparison for review with the City. Harris will participate in a call with the City to discuss any comments on the fees before moving to Task 5.

Task 5 – Development Impact Fee Study

Once all parties agree on the fees, Harris will prepare the Nexus Study. The Nexus Study will be prepared in an organized fashion with an executive summary and will contain all required legal and technical documentation including additional information required under AB602. The study w ill include all background information, the methodology used to determine the fees, all supporting information, calculations that demonstrate the legal nexus between the recommended fees and the impact created by new development, the relationship between the fee’s use and the type of project on which the fee would be imposed, the purpose of the fee, how the fees would be used, and a description of the relationship between the need for any additional facilities and the type of development project on which the fee would be imposed. In addition, the report will discuss annual fee update procedures, credit and reimbursement policies and will outline the required administrative procedures including online reporting requirements required under Senate Bill (SB) 148 3. We will also incorporate the legal methodology for calculating fees for accessory dwelling units.

Harris will participate in a call with the City to discuss the report and incorporate one set of consolidated comments to create the final draft report.

Task 6 – Stakeholder Meetings

Harris will prepare and lead a virtual meeting with the BIA, development community and other stakeholders.

Obtaining the development community’s support is best achieved when their input is included in the fee analysis.

Harris will discuss any recommendations that come out of this meeting with the City and incorporate relevant feedback into the study.

ITEM 15
B I Harris & Associates

9 Harris will prepare and make presentations on the methodology, findings, and implications of the proposed impact fees at up to two City Council and/or planning commission meetings to facilitate the understanding of the impact fee analysis. The presentations will be prepared in a clear and concise manner. Harris will answer any questions and document any concerns or requested changes. Only one meeting is required for adoption, but most agencies prefer two meetings.

Harris will review the City’s draft staff report, resolution, and ordinance for City Council adoption. An automatic inflation factor will be included in the resolution. It is assumed that the City will prepare the staff report and resolution, notice all meetings and provide a legal review of the documents. Revisions to the report will be completed based on input received from the City Council and the final report provided to the City.

Responsibilities of City

• Provide requested background information including but not limited to land use information, fund balances, planned CIP projects, existing valuation of facilities, Master Plans, and existing fee program documentation.
• Attend meetings and provide input on key decisions.
• Review documents in a timely manner.
• Notice public meetings and prepare required documents including staff report, resolution, and ordinance.
• Provide Legal Counsel review of documents.

Project Schedule

Harris has prepared the following schedule based on experience in performing these types of studies. Harris will work with the City to modify the schedule as needed to meet the City’s needs. City responsiveness to data requests and review of documents greatly affects our ability to maintain the project schedule.

Development Impact Fee Study
Task 1: Project Kick-off and Project Management
Task 2: Staff Interviews and Information Gathering
Task 3: Land Use Assumptions
Task 4: Draft Development Impact Fees
Task 5: Development Impact Fee Study
Task 6: Stakeholder Meetings
Meetings, tentative timing shown (actual timing to be determined at project commencement) Deliverable
Fee Effective Date (60 days after City Council Approval) AprilFebruary MarchJuly August September October November December January ITEM 15
B I Harris & Associates

10 Proposed Fees

Harris has prepared the following not to exceed fee proposal for this work. The fee includes all indirect expenses such as travel, meals, and reproduction. The fees assume the work will start in 2023 and be completed in 2024.

Thank you for considering our team. Please contact me at 949-536-2513 or [email protected] with any questions. We look forward to the opportunity to work with the City of Ceres.

Sincerely,

Harris & Associates, Inc.

Alison Bouley, PE
Vice President, Municipal District Finance
949.536.2513  [email protected]

Project
Manager Total Harris To tal Harris
$280/hr $245/hr $1 85/hr $135/hr Estimated Estimated
Hours Hours Hours Hours Hours Fee
Task 1: Project Ki ck-off and Project Management 4 30 5 0 39 9,395$ Task 2: Staff Interviews and Information Gathering 2 16 20 8 46 9,260$ Task 3: Land Use Assumptions 1 4 16 4 25 4,760$
Task 4: Draft Devel opment Impact Fees 6 16 50 24 96 18,090$ Task 5: Devel opment Impact Fee Study 6 16 32 32 86 15,840$ Task 6: Stakehol der Meeti ngs 6 18 6 0 30 7,200$
Total: 25 100 129 68 322 64,545
Project
Director
Senior
Analyst /
Pr
oject
Engineer
Project
Analyst
ITEM 15
B I Harris & Associates

COUNCIL AGENDA REPORT

CITY COUNCIL

Resolution No. 2023-XXX, Approving Amendment No. 1 to a Landscaping Maintenance Services Contract with EMTS, Inc. to Perform Landscape Maintenance Services for Smyrna Park, River Bluff Park, and City Rights-of-Way, and Authorizing the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve Amendment No. 1 of a Maintenance Services Contract with EMTS, Inc. to perform landscape maintenance for Smyrna Park, River Bluff Park, and City rights-of-way for one year with a total of $279,300.00 for fiscal year 2023/2024, with an option to renew in fiscal year 2024-2025.

I. BACKGROUND:

The city has approximately 1.3 million square feet of rights -of-way that must be maintained, including landscaping and janitorial maintenance of Smyrna Park, River Bluff Park, and City rights-of-way is currently being performed EMTS Inc.

II. REASONS FOR RECOMMENDATION:

EMTS Inc. is currently performing landscape maintenance for the parks and rights -of- ways for the City of Ceres. The one- year contract agreement for the amount of $279,300.00 will expire on June 30, 2023, with the option to renew for two additional one- year terms.

Staff recommends that Council renew the landscape maintenance contract to EMTS, Inc. for an amount not to exceed $279,300.00 for fiscal year 2023/2024.

ITEM 16
III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2023/24 Contract Services in various account numbers: 100.4 0.029900 & 292.40.029900 in the amount of $268,800.00, and 679.41.029900 in the amount of $10,500.00.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The landscape maintenanc e agreement is in c onformance with the first priority of the Strategic Plan to ensure the community has adequate well-m aintained city rights-o f-way and park facilities.

V. POLICY ALTERNATIVES:

Council can choose not to renew the contract to EMTS, Inc. and not maintain the city parks & city rights-of-way.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the Interim City Manager will renew the contract with EMTS, Inc.

A
pproved by: ___________________
Douglas D. Dunford,
Interim City Manager
A
ttachments:

1. Attachment A – Resolution

2. Attachment B – Amendment No. 1

3. Attachment C – Original Agreement with EMTS, Inc.

ITEM 16

ATTACHMENT A
RESOLUTION NO. 2023-XXX
APPROVING AMENDMENT NO. 1 TO A LANDSCAPING MAINTENANCE
SERVICES CONTRACT WITH EMTS, INC. TO PERFORM LANDSCAPE

MAINTENANCE SERVICES FOR SMYRNA PARK, RIVER BLUFF PARK,

AND CITY RIGHTS-OF-WAY, AND AUTHORIZING THE INTERIM CITY

MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres
WHEREAS, EMTS, Inc. is currently performing landscape maintenance for S myrna Park, River Bluff Park, and City rights-of-way; and
WHEREAS, the current contract agreement is for one year and will expire on June 30, 2023, with option to renew for two additional years; and WHEREAS, the existing annual co st f or t he landscape maintenance se rvices w ith EMTS, Inc. is $279,300.00 budgeted in FY 22/23; and
WHEREAS, the same annual amount of $279,300.00 is budgeted for FY 23/24; and WHEREAS, the landscape maintenance services for Smyrna Park, River Bluff Park, and City rights-o f-way was programmed in the FY 2023/24 Contract Services in various account numbers: 100.40.029900 & 292.40.029900 in the amount of $268,800.00, and 679.41.029900 in the amount of $10,500.00; and
NOW THEREFORE BE IT HEREBY RESOLVED by the City Council of the City of Ceres does hereby authorize the Interim City Manager to renew a Landscape Maintenance Services contract for Smyrna Park, River Bluff Park, and City right s-of-way to EMTS, Inc. in the amount of $279,000.00 for one year with the option to renew in FY 24/25 and authorizes the Interim City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 26th day of June 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
____
_________________________
Javier Lopez, Mayor
ATTEST:
____
_________________________
Fallon Martin, City Clerk
ITEM 16
ITEM 16

ATTACHMENT B
AMENDMENT NO. 1 TO AN EXISTING CONTRACT WITH EMTS, INC.

FOR LANDSCAPE AND JANITORIAL MAINTENANCE SERVICES FOR SMYRNA PARK,

RIVER BLUFF PARK, AND CITY RIGHTS-OF-WAY

RECITALS

1. Pursuant to Ceres City Council Resolution No. 2022- 66 the City of Ceres (CITY) and EMTS, Inc. (CONTRACTOR) entered into a contract June 27, 2022 , for the provision of landscape and janitorial maintenance for Smyrna Park, River Bluff Park, and City rights-of-way.

2. The term of the June 27, 2022 contract was agreed upon an anticipated completion date ending on June 30, 2023, with a provision to renew for two (2) additional terms of one (1) year each. The CONTRACTOR and CITY have agreed to extend the contract to June 30, 2024 with this Amendment No. 1 to Term of Agreement.

3. C ompensation for services provided to not exceed the annual limit of $279,300.00 without additional authorization from the City Council.

NOW THEREFORE, the parties agree as follows:

1. Grand total of annual amount not to exceed $279,300.00 according to contract Exhibit B – Compensation.

2. All of the remaining terms and conditions of the contract shall remain unchanged.

3. This Amendment shall become effective only upon its approval by the City Manager of the City of Ceres.

IN WITNESS WHEREOF, the parties have executed this FIRST AMENDMENT TO CONTRACT on the dates indicated below.

Dated: ___________________, 2023 Dated: ___________________, 2023

CITY OF CERES, A Municipal Corporation CONTRACTOR, EMTS, Inc.

By: ___________________________ By: _____________________________ Douglas D. Dunford Derik Jacusz, EMTS, Inc.

Interim City Manager

APPROVED AS TO FORM:

______________________________
Nubia Goldstein, City Attorney
ITEM 16
ITEM 16

ATTACHMENT C
ITEM 16

AGREEMENT
FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres , State of California , this 27th day of June 2022, by and between the CITY OF CERES, a municipal corporation of the State of California , hereinafter referred to as "CITY" , and EMTS, Inc. hereinafter referred to as "CONTRACTOR".

NOW, THEREFORE , in consideration of this Agreement , and the mutual promises , covenants , and stipulations hereinafter contained , the parties agree as follows:

1. SCOPE OF SERVICES/ PLANS AND SPECIFICATIONS
In compliance with all terms and conditions of this Agreement , the CONTRACTOR shall provide the contracted services specified in the "Scope of Work" attached hereto as Exhibit "A" and incorporated herein by this reference , which services may be referred to herein as the "services " or "work" hereunder . As a material inducement to the CITY entering into this Agreement , CONTRACTOR represents that it is a provider of work and services consistent with the standards of care, diligence and skill ordinarily exercised by contractors in similar circumstances in accordance with sound construction practices and that CONTRACTOR is experienced in performing the work and services contemplated herein. CONTRACTOR covenants that it will follow sound construction practices and standards in performing the work and services required hereunder and that all work product will be of good quality , fit for the purpose intended .

2. COMPLIANCE WITH LAW
All services rendered hereunder shall be provided in accordance with all ordinances , resolutions, statutes , rules , and regulations of the CITY and any Federal , State , or local governmental agency having jurisdiction in effect at the time service is rendered.

ITEM 16

3. LICENSES, PERMITS, FEES, & ASSESSMENTS
CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties, and interest , which may be imposed by law and arise from or are necessary for the CONTRACTOR 'S performance of the services required by this Agreement, and shall indemnify , defend and hold harmless CITY against any such fees, assessments , taxes, penalties, or interest levied, assessed , or imposed against CITY hereunder.

4. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that
CONTRACTOR: (a) has thoroughly investigated and considered the scope of services to be performed ; (b) has carefully considered how the services should be performed; and, (c) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing , prior to commencement of services hereunder. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed except at CONTRACTOR'S risk until written instructions are received from the Contract Officer.

5. FURTHER RESPONSIBILITIES OF PARTIES
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments , prepare all docume nts, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified , neither party shall be responsible for the service of the other.

ITEM 16

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONTRACTOR , incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement , which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the Contract Officer. Any greater change , taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein . CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more cost ly or time consuming 1 than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore .

7. TERM OF AGREEMENli
This Agreement shall be effective J!!!y_i, 2022 and will continue in effect until June 30, 2023 with an option to renew for two (2) terms of one (1) year each, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

9. COMPENSATION
For the services rendered pursuant to this Agreement , the CONTRACTOR shall be paid as provided in Exhibit B.

ITEM 16
---- -:::;;,;----

10. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services , General Building Cleaning Services, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR , other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, if the extension is determined , in the sole discretion of the Contract Officer, to be jU1stified and reasonable . The Contract Officer's decision shall be final.

12. FORCE MAJEURE
The time period(s) specified in the Schedule of Performance for performance of the work rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather , fires , earthquakes, floods , epidemics, quarantine restrictions , riots, strikes, freight embargoes , wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for perform ing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclus ive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused , CONTRACTOR 'S sole remedy being extension of the Agreement pursuant to this Section.

ITEM 16

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits , qualifications and approvals legally required to conduct business . CONTRACTOR warrants that he has all of the necessary professional capabilities and experience , as well as all tools, instrumentalit ies, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

14. SUBCONTRACTING
Should the CONTRACTOR elect to engage any subcontractor(s) to perform any portion of the work , CONTRACTOR shall provide the CITY written notice of the name, address, telephone number, and State contractor's license number of each such subcontractor, together with proof of workers' compensation coverage for each such contractor. CONTRACTOR shall remain fully responsible for all acts or omissions of said subcontractors , their employees, agents or assigns .

15. INTEREST OF CONTRACTOR
CONTRACTOR warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect , which would conflict in any manner or degree with the performance of services required to be performed under this Agreement.

ITEM 16
The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records . Such records shall be maintained for a period of four (4) years following completion of the services hereunder , and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement , for CITY or CONTRACTOR to modify the scope of work provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost shall be memoriali.zed in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, CITY will not be responsible to pay any charges CONTRACTOR may incur in performing such additional services , and CONTRACTOR shall not be required to perform any such additional services .

18. INDEPENDENT CONTRACTOR
All acts of CONTRACTOR, his agents, officers , and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents , officers , or employees of CITY. CONTRACTOR, by virtue of this Agreement , has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR . It is understood by both CONTRACTOR and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer -employee relationship or a joint venture .

CONTRACTOR, his agents, officers and employees are and, at all times during the term of this Agreement , shall represent and conduct themselves as independent contractors and not as employees of CITY.

ITEM 16
CONTRACTOR shall determ ine the method, detail s and means of performing the work and services to be provided by CONTRACTOR under this Agreement. CONTRACTOR shall be responsible to CITY only for the requirements and results spec ified in this Agreement and , except as expressly provided in this Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement. CONTRACTOR has control over the manner and means of performing the services under this Agreement.

If in the performance of this Agreement any third persons are employed by CONTRACTOR , such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages , working conditions, discipl ine, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any
entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever .

As an independent contractor , CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested ) mail . Each such notice shall be sent to ITEM 16
the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time in writing.

FOR CONTRACTOR: Name: EMTS, Inc.

FOR CITY:

Address: 2972 Larkin Avenue
Clovis, CA 93612
Attention: Derik Jakusz
Phone: (209)499-8901
Name:

Address:

Attention:

Phone:

CITY of Ceres
2720 Second St.

Ceres, CA 95307
Sam Royal
(209) 538-5617

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit C.

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this Agreement or materially breach any of his provisions, at its option CITY may terminate this Agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section , material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction of CITY'S property by CONTRACTOR , dishonesty or theft.

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions , at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section , material breach of this Agreement ITEM 16
shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided , willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Paragraph, CONTRACTOR shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR'S work on the project.

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 16
percentage of work completed on the termination date , this percentage shall be determ ined by CITY in its sole discretion . If the Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of CONTRACTOR , CONTRACTOR understands and agrees that CITY may, in CITY'S sole discretion , refuse to pay CONTRACTOR for that portion of CONTRACTOR'S services which were performed by CONTRACTOR on the project prior to the terminat ion date and which remain unacceptable and/or not useful to CITY as of the terminat ion date .

22. INDEMNITY
CONTRACTOR shall indemnify , defend and hold harmless CITY and its officers , officials and employees from and against all claims , damages , losses and expenses including reasonable attorney fees arising out of the performance of the work described herein , caused in whole or in part by any act or omiss ion of the CONTRACTOR , any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except whe re caused by the active negligence , sole negligence , or willful misconduct of the CITY.

CONTRACTOR'S obligation to defend , indemnify , and hold CITY, its agents , officers , and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107 . In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR 'S proposal are controlling and are deemed accepted by ITEM 16
CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals , offers and communications relative to this Agreement , whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms , conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

25. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid , void, or unenforceable , the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

26. WAIVER
The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports , contract records , contract documents, contract files, and personnel necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

CONTRACTOR agrees to retain reports, records , documents , and files related to charges under this Agreement for a period of four (4) years following the date of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

28. CONTRACT BONDS
CONTRACTOR shall provide in accordance with Sections 3247 and 3248 of the California Civil Code a payment bond for not less than 100% of the contract price.

CONTRACTOR shall also provide a faithful performance bond for not less than 100% of the contract price . All bonds must be executed by a corporate surety licensed to conduct business in the State of California, and approved by the CITY.

ITEM 16

29. PAYMENT OF REVAILING WAGES
CONTRACTOR shall pay to all persons performing work under this Agreement the general prevailing rate of per diem wages as determined by the Department of Industrial Relations of the State of California.

30. WARRANTY
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

Should the CITY give written notice to the CONTRACTOR of any defects in the work of improvement within the said one year period, CONTRACTOR shall cause all necessary repairs or replacements to be made without cost to the CITY. Should CONTRACTOR fail to make the required repairs or replacements within thirty (30) days from receipt of notice from the CITY, the CITY may cause the repairs or replacements to be made by contract with a third party or by use of CITY forces . The cost of such repairs or replacements shall be paid by the CONTRACTOR. Should CONTRACTOR fail to make payment for the cost of said repairs or replacements , in addition to the cost of said repairs or replacement CONTRACTOR shall pay the CITY's actual cost of litigation including at witness fees.

31. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry , physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the ITEM 16
California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract.

32. GOVERNING LAW
This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws or the State of California .

Legal actions concerning any dispute , claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of California , or any other appropriate court in such county , and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

33. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

34. CITY BUSINESS LICENSE
CONTRACTOR will have a CITY of Ceres business license , as required.

35. ATTORNEYS'FEES
If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding , in addition to any other relief which may be granted , whether legal or equitable , shall be entitled to reasonable attorneys' fees.

Attorneys' fees shall include attorneys ' fees on any appeal , and in addition a party entitled to attorneys ' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation . All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

ITEM 16
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated l \\ '\ , 2022
CITY OF CERES , a municipal corporation
By ~
Alex Terrazas, Interim City Manager
mallinan, City Attorney
A al ·WIiii '9 ·11 , Ii ,te i, 1 City Clerk
~ \\CM MAv-\i "''
Dated __ J_u_ne_ 2 _____ , 2022

CONTRACTOR
Derik Jakusz - VP of Business Development
Typed name/title
CONTRACTOR 'S Federal ID#:
26 - 0860415
CONTRACTOR 'S CA State License
Board# :
911565
ITEM 16
, 1 ..
1 SCOPE OF SERVICES
The successful Bidder shall furnish all labor, materials, and equipment required to satisfactorily perform the Landscape Maintenance of the City's Landscaped Right of Ways, Median's, and Planter Areas.

Planter Area
includes:

Maintenance Standards
Ground Cover Keep ground cover pruned a minimum of 6” away from inside of curbs and away from shrubs
Fertilize Ground Cover in Spring and Fall
Hard Surface Blow
Down
Blow debris and leaves off sidewalks, parking spots. This shall be done as needed to maintain clean paths of travel
Haul away all debris, weed materials, and trash from service areas Irrigation Check for broken/vandalized irrigation heads, risers and controllers.

Send notice to Park’s Supervisor advising of any areas of malfunctioning irrigation system
Repairs will be done by the City unless Contractor has prior written permission for sprinkler repairs and costs
Shrubs Shrub pruning as needed to maintain 6” distance between shrubs Fertilize shrubs in Spring and Fall
Haul away all debris, weed materials, and trash from service areas ITEM 6
ITEM 16
CITY cm.JNCIL
Javier Lopez, Mayo r
James Casey, Dist.1
VACANT, Dist. 2
Bret Silv,eira, Dnst 3
Mike Klline, Dist 4

2 Trees Keep trees pruned not less than 8’ over sidewalk and not less than 12’ over street. Keep tree limbs 10’ away from streetlight pole, sign pole, street name sign or similar signs

Trim Palm trees and remove seed pods twice a year

Fertilize Trees in Spring and Fall.

Haul away all debris, weed materials, trash from service areas

Weed Control
Weeds primarily controlled by chemical. If weeds are larger than 3” in height, they must be mechanically taken down then chemicals shall be applied. All areas shall be weed-free or sprayed before moving to the next area. (See General Information, #10 for Chemical guidelines.) Contractor shall clean up all weed material at the time of cleaning.

RIVERBLUFF PARK
3761 E. Hatch Road

1. Scope of Work performed daily:

1.1 Keep clean out 24 planter beds.

1.2 Trim all shrubs and grasses not to exceed beyond sidewalks in all areas.

1.3 Remove any undesired vegetation from all planter beds.

1.4 Clean up the walk path behind soccer field and clear out embankment with overgrown weeds.

1.5 Chemically treat all planter boxes and overgrown weeds regularly.

1.6 Maintain the entry roundabout in clean condition.

1.7 Clean up debris in both parking lots.

1.8 Trim back field grass that exceeds fence lines.

1.9 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms and dining areas and replace liners.

1.10 Pickup litter in front of the storm basin.

2. Scope of Work for Janitorial work:

2.1 All debris on grounds cleaned up daily.

2.2 Deep Cleaning once weekly in all bathroom areas or as needed.

2.3 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms daily.

2.4 Clean indoor bathroom areas and restock amenities as needed daily.

3. Scope of Work performed once per month:

3.1 Regular pesticide and fertilize applications.

3.2 Power wash concrete areas at bathroom and dining table areas.

ITEM 6
ITEM 16

3 ROSE GARDEN
2650 Fowler Road

1 Scope of Work performed weekly:

1.1 All debris on grounds cleaned up daily

1.2 Sweep, blow and clean walkway and areas.

SMYRNA PARK
2650 Fowler Road

1 Scope of Work performed daily:

1.1 Shopping Cart removal.

1.2 Bulky Items left at dumpsters.

1.3 Clean up debris in both parking lots.

1.4 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms and dining areas and replace liners.

2 Scope of Work for Janitorial work:

2.1 All debris on grounds cleaned up daily

2.2 Deep Cleaning once weekly in all bathroom areas or as needed.

2.3 Perform waste disposal of 24 placed garbage cans as well as receptacles in restrooms daily.

2.4 Clean indoor bathroom areas and restock amenities as needed daily.

WORK SCHEDULE

All work shall be in accordance with the City of Ceres requirements. All work shall be scheduled between 6:00 AM and 4:00 PM Monday through Sunday for Smyrna Park and River Bluff Park; and Monday through Friday for City Right-of-Ways, excluding all City holidays.

There shall be no working days on City of Ceres holidays without special permission.

INVOICING AND PAYMENT

Contractor shall invoice the City for services performed monthly. All invoices shall be sent following a meeting held on the first Wednesday of each month.

1. This meeting is to discuss any concerns or needs of the City or the Contractor.

Ceres City CouncilJune 26, 2023

Ceres City Council
June 26, 2023