Ceres City Council
August 28, 2023

AGENDA

JOINT REGULAR CITY COUNCIL MEETING AND SUCCESSOR AGENCY TO THE

FORMER CERES REDEVELOPMENT AGENCY, AND THE SUCCESSOR AGENCY

TO THE STANISLAUS-CERES REDEVELOPMENT COMMISSION MEETINGS

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, August 28, 2023 at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER

Mayor Lopez

ROLL CALL

Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers/Members: James Casey (District 1); Rosalinda L. Vierra (District 2); Daniel A. Martinez (District 4)

INVOCATION

Invocation by Tim Giannosa, Big Valley Grace Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/88967012704?pwd=dS9JMExBUzdmYWJuR2ZCZzlYRHRTQT09

Webinar ID: 889 6701 2704; Passcode: 162155; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS ALSO AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING. INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR

WRITTEN COMMENT WILL BE DISTRIBUTED TO THE CITY COUNCIL AND KEPT ON FILE AS PART OF THE OFFICIAL RECORD OF THE COUNCIL MEETING.

*If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at (209) 646-4812 or by email at [email protected].

AGENDA
Joint Regular City Council Meeting and Successor Agency to the Former Ceres Redevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meetings
August 28, 2023

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

None

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages participation in City Council meetings, adopted rules allow no more than 5 minutes (Resolution No. 2007-106) for expression of non- agenda items. Matters under the jurisdiction of the City Council, and not on the posted agenda, may be addressed by the general public; however, California law prohibits the City Council from taking action on any matter which is not on the posted agenda unless it is determined to be an emergency by the City Council. Citizens are entitled to address the City Council on any agenda item subject to the 5-minute provision.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by a single motion unless otherwise requested by an individual Councilmember or public for special consideration.

Otherwise, the recommendation of staff will be accepted and acted upon by roll call vote.

1. Clerks Report of Posting. The agenda of the August 28, 2023 City Council Meeting was Posted on Friday, August 25, 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 for the July 24, 2023 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated August 2, 202 3 through August 9, 2023. (Dias)

5. General Correspondence – Information Only
a. Public Works Monthly Report for July 2023
AGENDA
Joint Regular City Council Meeting and Successor Agency to the Former Ceres Redevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meetings
August 28, 2023

6. Resolution No. 2023 -XXX, Authorizing the Interim City Manager to A pprove a Purchase Order with AVEVA Select California for the Annual SCADA Licensing Agreement. (Royal)

7. Resolution No. 2023 -XXX, Awarding the Design Contract for STPL- 5241 (075) Whitmore Avenue Rehabilitation Project to O’Dell Engineering, a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract. (Waugh)

8. Resolution No. 2023 -XXX, Awarding the Design Contract for CML-5 241 (074) Bike Lane Corridors – Class II to TL Engineering, Authorizing a 10% Contingency, a Budget Amendment, and the Interim City Manager t o Execute the Contract . (Waugh)

9. Resolution No. 2023-XXX, Awarding the Design Contract for Hatch Road Class I Bike Path – Phase V to TL Engineering, Authorizing a 10% Contingency, a Budget Amendment, and the Interim City Manager to Execute the Contract. (Waugh)

10. Resolution No. 2023-XXX, Awarding the Construction Contract for Smyrna Park Improvement Project t o McFadden Construction Inc., Authorizing a 10% Contingency, a Budget Amendment, and the Interim City Manager to Execute the Contract. (Waugh)

11. Resolution No. 2023 -XXX, Approving Fiscal Year 2022- 2023 Carryover Appropriations and Amending the 2023-2024 Budget. (Dias)

12. Resolution No. 2023 -XXX, Approving a Budget Amendment to Transfer Funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund to the General Fund for Impending Purchases . (Collins)

13. Waiver of Second Reading and Adoption of Ordinance No. 2023-XXX, An Ordinance of the City Council of the City of Ceres Amending Title 13 – Water and Sewer, Chapter 03 – Rates and Charges, Section 13.03.020 – General rate provision and rate schedule of the City of Ceres Municipal Code to Add Subsection E – Multiple Users. (Dias)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

AGENDA
Joint Regular City Council Meeting and Successor Agency to the Former Ceres Redevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meetings
August 28, 2023

PUBLIC HEARING

14. Resolution No. 2023 -XXX, Establishing the Annual Assessment Levy for the 2023-24 Fiscal Year on the Businesses in the Downtown Area Defined in the Ceres Downtown Revitalization Area Board (CDRAB) Annual Report for the Activities and Programs of the Ceres Downtown Revitalization Area Board for Fiscal Year 2023-

24. (Spade)

NEW BUSINESS

15. Resolution No. 2023-XXX, Approving and Authorizing Execution of Assumption Agreement with New Owner of the River Crest Apartment Complex . ( City Attorney)

DISCUSSION ITEMS

16. Preliminary Report on the Economic Development Strategic Plan 2023- 2027. (Spade)

COUNCILMEMBER REFERRALS
Councilmembers request to have an agenda item placed on a future agenda (p ursuant to Chapter 2 - City Council Meetings, J-8. City Council Referrals/Determination of Items for Agenda).

REPORTS
At this time, any Councilmember s or City s taff will make an announcement, or report briefly on his /her activities.

• Mayor
• City Council
• City Manager
• City Attorney
• Departments
• County Supervisor

CLOSED SESSION

17. Public Employment, Cal. Gov’t Code §54957(b)(1)
Title: City Manager

18. Public Employee Discipline/Dismissal/Release, Cal. Gov’t Code §54957(b)(1)

AGENDA
Joint Regular City Council Meeting and Successor Agency to the Former Ceres Redevelopment Agency, and the Successor Agency to the Stanislaus-Ceres Redevelopment Commission Meetings
August 28, 2023

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on September 11, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us
and posted at the time and places noted above.

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at t he City Clerk’s Office at City Hall located at 2 220 Magnolia Street, Ceres, CA during normal business hours.

Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538-5731.

Notice regarding Americans with Disabilities Act:

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s office at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Friday, August 25, 2023, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

DRAF

T MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, July 24, 2023 at 6:00 p.m.

Mailing Address: Ceres City Hall, 2220 Magnolia Street, Ceres, CA 95307-3292 Phone: (209) 538-5700 Fax: (209) 538-5780

CALL TO ORDER
Mayor Lopez called the July 24, 2023 regular meeting to order at 6:00 p.m.

ROLL CALL
Mayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosa linda L. Vierra (District 2); Daniel A.

Martinez (District 4)
District 1
Councilmember
Case
y
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Pres ent Present Present

INVOCATION
Invocation by Jerry Swain, New Vision Christian Center

PLEDGE OF ALLEGIANCE
Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
A. Certificate for Skies the Limit Artists
Dan Pangrazio and Diego Valenc
ia accepted the certificates.

B. National Health Cent er Week Proclamation
Golden Valley Health Center Director of Government and Community Affairs, Yamilet Valladolid accepted the proclamation.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

CITIZEN COMMUNICATIONS to the Council on items which have been described in the notice of this Special Meeting (five minutes)

Nasson Sanchez spoke regarding National Night Out.

Miguel Donosospoke regarding City materials being translated to Spanish.

Debbie Martinez with We R La Raza Parents Union spoke r egarding National Night Out and John B. Allard school.

Gene Yeakley spoke regarding the military banner program.

Juan Alanis, Assemblyman, spoke regarding his availability for questions and comments.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

Councilmember Vierra abstained from items 10 – 12.

CONSENT CALENDAR

Action: Motion by Councilmember Martinez , seconded by Vice Mayor Silveira, approving items 1 – 4 and 6 – 8. 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 July 24, 2023 City Council Meeting was Posted on Tuesday, July 18, 2023. (City Clerk)

2. Waive Readings. All Readings of Or dinances and Resolutions are Waived. (Waive readings in full of all ordinances and re solutions 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 for the June 26, 2023 and July 10, 2023 Regular City Council Meetings. (City Clerk)

4. Register of Audited Demand(s) Da ted June 28, 2023 through July 3, 2023. (Dias)

5. Removed for separate consideration.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

6. Resolution No. 2023-83, Approving the Use of American Rescue Plan Act (ARPA) Funds to Purchase the Cellebrite Premium Cellular Forensics Program. (Collins)

7. Resolution No. 2023-84, Approving the Use of American Rescue Plan Act (ARPA) Funds to Pay Bear Electrical Solutions to Pull Electrical Wiring Needed to Install License Plate Readers (LPRs) at Nine (9) City Intersections. (Collins)

8. Resolution No. 2023-85, Approving the Sale of Canine Leo to Officer Kiashira Ortiz and Authorizing the Interim City Mana ger to Execute the “The Agreement Regarding Retirement of Police Canine.” (Collins)

9. Removed for separate consideration.

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5: Removed for separate consideration by Councilmember Vierra

General Correspondence – Information Only
a. Public Works Mont hly Report for June 2023
b. Engineering Services Semi-Annu al Major Project List Report

Councilmember Vierra spoke re garding vandalism and graffiti that was mentioned in the report.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

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

Councilmember
Case
y
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

Item 9: Removed for separate consideration by Councilmember Vierra

Resolution No. 2023-86, Approving a Contract with Capitol Advocacy Partners for Grant Writing Services and Authorizing the Interim City Manager to Execute the Agreement. (City Manager)

Councilmember Vierra spoke regarding how the agreement was being funded, purpose of the agreement, and cost of service.

Mayor Lopez asked for public comment.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

Dana DeBeaumont with Capitol Advocacy Pa rtners spoke regarding the services provided.

Mayor Lopez closed public comment.

Council and staff discussion included the types of grants the consultant seeks.

Action: Motion by Councilmember Martinez, seconded by, Vice Mayor Silveira approving item 9. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Case
y
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

UNFINISHED BUSINESS

None

PUBLIC HEARING

10. Resolution No. 2023-87 , Ordering the Levy and Collect ion of Special Taxes for Fiscal Year 2023/24 within the City of Ceres Community Facilities District No. 1 (Public Services). (Waugh)

Director of Engineering Services/City Engineer, Kevin Waugh, introduced the item.

Sara Mares with NBS Government Finance Group gave the presentation.

Mayor Lopez opened the public hearing. No one spoke. Mayor Lopez closed the public hearing.

Council and staff discussion included what the funds can be used for.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 10. Motion failed 4/0/0/1 by the following roll call vote:

Councilmember
Case
y
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Abstain Yes Yes Yes

11. Resolution No. 2023-88 , Ordering the Levy and Collect ion of Special Taxes for Fiscal Year 2023/24 within the City of Ceres Community Facilities District No. 2 (Public Services). (Waugh)

Director of Engineering Services/City Engineer, Kevin Waugh, introduced the item.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

Mayor Lopez opened the public hearing. No one spoke. Mayor Lopez closed the public hearing.

Council and staff discussion included whet her funds for lighting and landscaping are part of Community Facility Districts.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving item 11. Motion failed 3/1/0/1 by the following roll call vote:

Councilmember
Case
y
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Abstain Yes Yes Yes

12. Resolution No. 2023-89, Approving the Fiscal Year 2023-24 Amended Engineer’s Report and Ordering the Levy of Assessments for the 1987 Landscape and Lighting District for Fiscal Year 2023-24. (Waugh)

Director of Engineering Services/City Engineer, Kevin Waugh, introduced the item.

Sara Mares with NBS Government Finance Group gave the presentation.

Mayor Lopez opened the public hearing. The following members of the public spoke:

Lee Brandt inquired as to how often the Landscape and Lighting District has to go before the council.

Albert Avila spoke regarding his recommendat ion to approve the item as it was presented.

Mayor Lopez closed the public hearing.

Council and staff discussion included Land scape and Light District caps on increases and support of Proposition 13.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 12. Motion failed 3/1/0/1 by the following roll call vote:

Councilmember
Case
y
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
No Abstain Yes Yes Yes

13. Ordinance No. 2023-XXX , Amending Chapter 10, Mobile Food Vending from Motor Vehicles of Title 5, Business Licenses and Regulations, of the Ceres Municipal Code to Amend the Regulations Related to Food Trucks. (Hoem) ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

Community Development Director, Christopher Hoem, introduced the item.

Mayor Lopez opened the public hearing. T he following members of the public spoke:

Miguel Donoso spoke regarding his support of the recommendations.

Marta Villasenor spoke regarding her support of the recommendations.

Debbie Martinez spoke regarding her support of lifting the ban on food trucks.

Gene Yeakley spoke regarding the grub hub location in Modesto.

John Warren spoke regarding the dist ance required between food trucks and schools and City parks.

Ophelia Navarete spoke regarding her s upport of having more food trucks in the City.

Chris (did not provide last name) spoke regarding the restroom requirement.

Juan Vasquez spoke regarding in support of the recommendations being proposed.

Lee Brandt spoke regarding his support of the recommendations with a limit to the types of food being served.

Curtis Hulstine spoke regarding his support of a grub hub location in Ceres.

Eva Alvarez spoke regarding her support of increasing food trucks within the City.

Nick Maynard inquired as to where the ten authorized food trucks are located within Ceres.

Veronica (did not provide last name) spoke regarding her support of adding more food trucks within the City.

Irene Ortiz spoke regarding her support of adding more food trucks within the City.

Mayor Lopez closed the public hearing.

Council and staff discussion included the members that would make up the mobile food vendor committee (Johnny Chavez, Nelson Gomez, and Renee Ledbetter, and two councilmembers), forming the committe e to make recommendations to the Council with an ordinance change, tabling th e item until the committee can look further into the ordinance, how the it em was placed on t he agenda, how much revenue is generated from mobile food vendors.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

Action: Motion by Mayor Lopez , seconded by Councilmember Martinez, approving staff recommendat ions, removing the cap limit on food trucks, create the food vendor committee, appointment of the public me mbers and two councilmembers (Councilmember Martinez and C ouncilmember Vierra) by the Mayor and Council, and adding a Code Enforcement officer.

Motion carried 3/2/0/0 by the following roll call vote:

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

Action: Motion by Mayor Lopez , seconded by Councilmember Martinez, to re-open the item. 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

Action: Motion by Mayor Lopez , seconded by Councilmember Martinez, approving the first reading and introduction of the ordinance and the creation of a committee. Motion carried 3/2/0/0 by the following roll call vote:

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

NEW BUSINESS

14. Resolution 2023-90, Accepting the 2022-23 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy. (Collins)

Police Chief, Rick Collins, introduced the item.

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

Debbie Martinez with We R La Raza spoke regarding John B. Allard school.

Gene Yeakley spoke regarding the purpose and intent of John B. Allard school.

Mayor Lopez closed public comment.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 14. 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

15. Resolution No. 2023-91 , Approving an Amendment to the Department Head Employment Agreements and Au thorize the Interim City Manager to Execute the Agreements. (City Manager)

Interim City Manager, Doug Dunford, introduced the item.

Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Martinez, approving items 15. Motion carried 5/0/0/0 by the following roll call vote:

Councilmember
Case
y
Councilmember
Vierra
Councilmember
Martinez
Vice Mayor
Silveira Mayor Lopez
Yes Yes Yes Yes Yes

DISCUSSION ITEMS

16. City Council Rules & Procedures Workshop. (City Attorney)

Council consensus to table this item to a future meeting.

COUNCILMEMBER REFERRALS

None

REPORTS

 Mayor

Nothing to report.

 City Council

Vice Mayor Silveira stated that July 25, 2023 was the last night for the 2023 series of Concerts in the Park.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 24, 2023

 City Manager

Nothing to report.

 City Attorney

Nothing to report.

 Departments

Nothing to report.

 County Supervisor

Nothing to report.

CLOSED SESSION

17. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager

18. Conference with Legal Couns el – Anticipated Litigation , Initiation of Litigation Pursuant to Cal. Gov. Code §54956.9(d): One (1) potential case

REPORT FROM CLOSED SESSION

Mayor Lopez reported out that direction was given to staff.

ADJOURNMENT

The next regularly scheduled City Council Meeting will be held on July 24, 2023 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the special meeting at 9:35 p.m.

_____________________________
Javier Lopez, Mayor

________________________________
Fallon Martin, City Clerk

Consistent 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 3

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ITEM 4
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ITEM 4
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ITEM 4
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ITEM 4

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: August 28
, 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 July 2023
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

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

FACILIT
Y SERVICES:
 Completed 145 Facilities Maintenance work orders including: 110 service requests for electrical/lighting, plumbing repai rs, HVAC issues, locksmith tasks, general repairs, and 32 preventive maintenance services.
 Requested three quotes from Johnston Controls, Trane and American Chiller to replace/upgrade the HVAC c ontrols for PD, Fire Station 15 and the Community Center.
 Event support in co-operation with Parks and Recreation for the Concert in the Park series. Concerts were held July 11th, 18th and the 25 th. Event is well attended.
 Requested three proposals from Crown Painting, Lancaster and Joaquin Painting for exterior painting at Legion Hall.
 Concluded the custodial RF P and walk through for Janitorial services at the Community Center. Site visit was at tended by Environmental Control and JaniTek Janitorial.
 Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

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

FLEET SERVICES:

Completed 104 work orders

Fleet, Department 20
 Install new Tommy gate on facilities Ford Ranger
 Annual fleet aerial/crane/lift equip inspections completed  John Deere skip loader had joy stick/controller unit replaced

Fire, Department 15
 N/A

Police, Department 10
 Unit 112 returned to service from dealer warranty repairs  Unit 203 Sgt Tahoe back in service from warranty repairs  Unit 106 removed from service pending building of new replacement Unit.

• Install new LPR systems in patrol units, license plate readers.

Install new computers in 2 code enforcement pickups

Streets, Department 30
• Patch truck back in service from dealer warranty work

Water, Department 35
 N/A

Parks, Department 40
 Service tractor plus new drive tires

Wastewater, Department 25
 New Kubota spray tractor arrived in, 22/23 budgeted item

Facilities, Department 41
 New transit van back fr om dealer warranty work

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

LANDSCAPE MAINTENANCE:

Completed a total of 490 service requests in the following categories:
 Bike Path Repairs: 0
 City Grounds Maintenance: 32
 Park Landscape and Maintenance: 281
 Parks Landscape chemical usag e: 1034 gallons Parks / Grounds ITEM 5a
 Playground and Equipment Repairs; Severa l playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow delivery; still pending delivery.
 Playground and Equipment Inspections: 3
 Right of Way (ROW) Irrigation Repairs: 95 sprinklers  Park Trees: 32 Trimmed
 Tree Customer Requests (Tree or Li mb Down, Trims or Removals): 47  Total Graffiti Vandalism & Repair cost is $3842.00 for the month of July alone.

Parks sprinklers repaired or replaced:

 Barry Grove – 2 maintenances
 Costa Fields – 6 maintenance, 2 valves replaced
 Don Pedro – 8 maintenances
 Independence – 6 vandalisms
 Dog Park – 1 maintenance
 Neel Park – 5 maintenances
 Persephone – 0
 Redwood – 0
 Riverbluff – 11 maintenances
 Riverview – 3 maintenances
 Roeding Heights – 25 maintenances
 Sam Ryno – 2 maintenances 2
 Smyrna – 7 maintenances
 Strawberry – 6 maintenances
 Whitmore – 5 maintenances 1 new heads for dry areas

Parks General Maintenance/Repairs:
 Serviced all park irrigation wells and blew out drives  Power washed Covered areas at Sm yrna tables and River Bluff parks  Graffiti removal at Sam Ryno (2), Strawberry (3), River Bluff (5), Roeding (3), Neel (2), Ochoa (2), Persephone (3), Smyrna (10) Don Pedro (2), and Independence Park (1)

Grid Prune by West Coast Arborists (WCA)
 Grid # 3 2020-2021 100% - Completed with 2, 343 trees pruned  Gird # 4 2021=2022 99% - Comple ted with 2,450 trees pruned so far  Grid # 2 2022 – 2023 Started in July 2023 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

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. Sending list in for replacement area
 River Road; backflow devices stolen and pending replacement. Turned off water at River and Canyon Falls.

ITEM 5a
 Morgan roundabout; the artificial grass inside the inner circle to be readjusted by park staff. Need possible crane to lift boulders and reset  Re-staked 4 trees along Eastgate, 3 on Brown and 2 trees along Fowler Road

Parks
Sam Ryno:
 Temporarily closed off 2-5 age (small child) playgrounds due to vandalism, repaired same issues with staircase twic e; it is pending in stallation by staff scheduled for August.
 Swings broken, waiting on parts for repair.

Smyrna Park:
 Re-staked 4 trees along Presidential walkway due to vandalism  Two are dead and need to be replaced in fall of this year Neel Park:
 Existing tree near playground wa s defaced, staff is monitoring the condition of the tree.
 Using water truck for new planted trees
Berry Grove Park
 Prep work for tree removal and concrete work for bench and trash can next to playground for Rotary Club. Trees were removed and stump grinded.  Prepping for concrete pad
Riverview Park:
 6-12 age Playground equipment damaged by fire was replaced this month.  Prep work for installing pad for Rotary Club bench and trash can.

River Bluff Park:
 Playground area - replaced 3 sprinklers due to vandalism.  Gate still closed to Lower Bluff due to erosion along riverbank caused by flood.

Lower Bluff will be closed until further not ice; preparing to address all safety concerns before opening the park; fences cut 5 times to lower area.  4 trees fell over, removed by parks crew.
 Trimmed 5 trees along soccer fields.
 Brush hogged Lower area dirt areas.

Guillermo Ochoa Park:
 Brush hogged entire park
Lions Park:
 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 July 2023  Residential…………………….… 1160.22 tons
 Commercial……………………… 1617.14 tons
ITEM 5a
 Illegal dump (code enforcement) 148.20 tons, 201 locations  Illegal dump (Bertolotti) ………. .54, 6 locations  Bulky items…………………….… 35.94 tons, 129 locations
 Leaf/limb (illegal).…………….… 4.19 tons
 Street Sweep………………….… 32.20 tons
 Residential Organics…………… 452.27 tons
 Commercial Organics…………. 327 tons
 Residential Recycle………….… 174.07 tons
 Commercial Recycle …………… 3.87 tons
 C&D (Construction/Demolition Debris) 0 tons
 Used oil…………………………… 415 gallons
 Used oil filter……………...……… 62

 There were 3 garbage cart storage vi olation notices issued in July.  There were 20 organic cart contami nation violations issued in July.

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

STREETS SERVICES:
 Staff responded to a total of 45 customer service requests  Responded to 168 Underground Service Alerts (USA) markings  Repaired 16 streetlights
 Repaired DI inlet and ring at 1830 E Hatch Road
 Removed and replaced 40’ of curb, gutter and sidewalk at 1830 E Hatch Road  Repaired section of chain link fence at storm drain pond on Rose AVE due to vehicle accident
 Patched numerous potholes
 Repaired 2 sinkholes
 Performed excavation with vacuum truck at River Bluff Park for water leak City Streets Division maint enance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, six (6) Streets Main tenance 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 6 customer service requests and 29 sewer problems, during working hours and after hours.
 Staff responded to 6 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 – 11
o WWTP Equipment – 14
o Main line sewer plugs – 0
o Aerators – 0
 Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.

ITEM 5a
 Staff performed pond discing and rippin g for weed abatement and pond rehabilitation
 Staff checked on force main to Turlock.
 Staff cleaned 9,404 feet of sewer main line.
 Staff CCTV inspected 1, 998 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 assisted contractor to insta ll & program 2 new lift station panel.  Staff removed and sent in for repairs 1 lift station pump.  Staff repaired broken manhole ring, lid and cone, and a lamp hole cover  Staff worked on preparing all roads in t he treatment plant for upcoming paving & resurfacing
 Staff assisted with palm tree pruning clean up
 Staff checked & marked 213 USA tickets, which took 30 hours; preventing contractors from damaging City sewer lines.
 Turlock sewer use charges $77,190.64 for the month of June.  Modesto sewer use charges $131,624.33 for the month of June.  Biochemical Oxygen Demand (BOD) 129 mg/L
 Treated and disposed of 71.89 MG of wa stewater with an average of 2.32 MGD Ceres Wastewater System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (2) Operator-in- Training. There are two (3) open Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35
 July 2023 well production was 235.9 million gallons
 Average water use for June was 7.6 million gallons per day  Water staff responded to 23 customer service requests  Water staff responded to 152 Underground Service Alerts (USA) markings  Meter statistics and repairs:
o Meters in water distribution system: 11,835
o Meters/radios serviced: 17

o Meters replaced: 40
o Meters upgraded from ¾”, 5/8” to 1”: 2
o New meter installations: 0
o Meters tested for accuracy: 0
 Total valves in water distribution system: 4,402 of which 49 were exercised  Blow-offs and hydrants flushed: 12
 Water main leaks: 1
 Service line leaks: 2
 Service lines have been replaced: 0
 Hydrants replaced: 0
 Water leak/service line replaced at Central and Evans ITEM 5a
 Water staff attended generator training fo r River Bluff tank and performed system walk through
 Water staff completed site vi sit to permit River Bluff tank

Water Conservation, Department 36
July 2023 calculated residential gallons used per person per day: 113.29  Annual average is 83.51 gallons per person per day
 Responded to 20 water conservation service requests
 Water portal has 0 residents registered
 Issued courtesy notifications: 2
 Performed 0 water audits
 Delivered 27 water waste warnings, issued 2 water waste fines and 229 excess consumption fines
 Rebates Issued: Dishwasher: 0, Smart Ir rigation: 0, ULF Toilets: 1, Washing Machine: 1, and Turf Replacements: 0
Total Rebates YTD: 22
The graph below shows our production num bers for 2020 in blue compared to 2022 in purple with the water reduction target of 15% in red. For July 2023, we had a decrease of

3.98% from the July 2020 production numbers.

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

Approved by: ___________________
Douglas D. Dunford
Interim City Manager
ITEM 5a
ITEM 5a

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: August 28, 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. 2023- XXX, Authorizing the Interim City Manager to Approve a Purchase Order with AVEVA Select California for the Annual SCADA Licensing Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends Council authorize the Interim City Manager to approve a purchase order with AVEVA Select California for the purchase of the annual licensing agreement for an amount not to exceed $30,495.00.

I. BACKGROUND:

The City of Ceres Water & Wastewater utilities rely on the Supervisory Control and Data Acquisition (SCADA) for oversight, control, historical recording of operational activities, and operator call outs for emergencies. The current licensing is set to expire 10/24/2023.

Payment will need to be made in order to maintain the high functionality that SCADA demands.

II. REASONS FOR RECOMMENDATION:

The City’s critical infrastructure depends on a responsive SCADA system for process control which interacts directly with valves, pumps, and sensors; data monitoring, gathering, and processing in real time. The stormwater system and parks irrigation systems also depend on SCADA for proper operational control and oversight. These processes can be viewed onsite or remotely. Alarm systems alert operations staff when processes and controls are working outside of preset parameters or in critical fail allowing corrections to be made onsite or remotely.

An efficient and reliable SCADA system is used to make process and operational control decisions and reduce critical infrastructure downtime. The SCADA software processes, distributes, and displays the data, helping operators and other employees analyze the data and make important decisions. The SCADA server is a highly functional device that ITEM 6
is for computer -to-computer contact, can store a significant amount of data, run and process data very quickly, and is designed to never shutdown. The SCADA server takes the data in the field, processes it, records it historically, and makes the data available to the operators on handheld devices or computers.

III. FISCAL IMPACTS:

The Fiscal Impacts for the purchase and installation, programming setup, and process start up shall not exceed $30,495.00. This cost is shared and included in the 2023- 2024 Wastewater Budget 567.25.029900 for 60% ($18,297.00) and Water Operations Budget 527.35.029900 for 40% ($12,198.00).

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Ensure that the community has adequate, well-maintained infrastructure (including water, sewer, storm drains, and parks) that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The alternative to this proposal is to not move forward with the purchase of the A VEVA Select Californi a licensing and technical support and leave the SCADA system non- accessible or operable causing the possibility of failing to meet the operational needs of the City’s utility infrastructure.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The Finance Director to make the accounting entries to execute the purchase order.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Quote

ITEM 6

ATTACHMENT A

RESOLUTION NO. 2023-XXX

AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE A

PURCHASE ORDER WITH AVEVA SELECT CALIFORNIA FOR THE

ANNUAL SCADA LICENSING AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres utilities rely on the Supervisory Control and Data Acquisition (SCADA) for oversight, control, historical recording, and operator callouts for emergencies; and

WHEREAS, the SCADA software processes, distributes, and displays data helping operators analyze and make important decisions to meet the City’s utility infrastructure needs; and

WHEREAS, the licensing agreement is renewed annually, with the current license set to expire on October 24, 2023; and

WHEREAS, the cost is shared and included in the 2023/24 Wastewater budget for $18,297.00 from account 567.25.029900 and Water Operations budget for $1 2,198.00 from account 527.35.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to approve a purchase order with AVEVA Select California for the annual SCADA licensing agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28
th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_____________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6
06/26/2023
AVEVA Flex Renewal Exp 10/24/2023
Attn: Jeff Burrows
CCERES
Direct
126 Mill Street
Healdsburg, CA 95448
(866) 966-3376
QUOTE 306695.1
Delivered
Bill To:
2220 MAGNOLIA STREET
ATTN: FINANCE DEPARTMENT
CERES, CA 95307-3216
Ship To:

CITY OF CERES
direct (925) 366-5396
fax
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]

CITY OF CERES

CITY OF CERES
2220 HACKETT ROAD
CERES, CA 95307
Thank you for the opportunity to offer you this quote. Here is the information you requested.

SITE ID: 125374, City of Ceres, 2200 Hackett Road, Ceres CA 95307 AVEVA Flex Credits:

Consumable credits that can be redeemed for a variety of subscription tiers:
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Included with AVEVA Premium Customer First Program are thefollowing services:
• Security fixes, patches, updates and Hotfixes (*Only available while the CF contract Is valid) • New Releases of Software
• Upgraded licenses to current version of software (*Only available while the CF contract is valid) • Emergency 24/7/365 Technical Telephone Support
• AVEVA Direct Technical Support: Access to technical resources at both the local distributor and directly from AVEVA • Access to the AVEVA Global Customer Support Website Access: Search for answers to your questions andlog and track cases • Access to the Customer FIRST Mobile Support App
• Software Asset Manager – Identify and manage software versions and licenses • Online Training Webinars: Access to library of eLearning webinars If you have any questions, please do not hesitate to call. _______________________________________________________________________________________________________________ Wonderware solutions are now AVEVA solutions: Learn more about this exciting change here:https://sw.aveva.com/wonderware Interested in additional training? Please visit our website and view our events schedule athttps://california.avevaselect.com Access the status of your order on our Online Order Status system!! Just click on the link contained in your order confirmation to begin the login process. Once signed up you can access via https://california.avevaselect.com
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Net 30 Days
Prepaid and Add
1 of 3 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 ITEM 6
06/26/2023
AVEVA Flex Renewal Exp 10/24/2023
Attn: Jeff Burrows
CCERES
Direct
126 Mill Street
Healdsburg, CA 95448
(866) 966-3376
QUOTE 306695.1
Delivered
Bill To:
2220 MAGNOLIA STREET
ATTN: FINANCE DEPARTMENT
CERES, CA 95307-3216
Ship To:

CITY OF CERES
direct (925) 366-5396
fax
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]

CITY OF CERES

CITY OF CERES
2220 HACKETT ROAD
CERES, CA 95307
Please note:
* Any order resulting from this quote automatically incorporates the below special terms and conditions, listed here, for Flex Subscription purchases:
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- The quoted number of credits is expected to cover the following selections, but if different or additional subscription selections are made, the purchase of additional credits may be necessary:

AVEVA InTouch HMI Unlimited; Qty 1; 1000 Credits
Includes InTouch Tag Server with maximum supported tags ( currently 60K), InTouch WindowMaker, Includes redundant configuration, Supports 1 InTouch Application, Includes OPC UA Server Unlimited RDS/web, historian desktop clients suggested max 40 concurrent RDS clients, Includes Standard Communication Driver with redundancy, Includes 100K Tag Historian with redundancy and Reports for Operations Server AVEVA Insight - Standard - 1 year; Qty 1; 600 Credits
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5 second max data rate,
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2 standard users included
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2 of 3 Remit to: E&M, Inc. 126 Mill Street, Healdsburg, CA 95448 ITEM 6
06/26/2023
AVEVA Flex Renewal Exp 10/24/2023
Attn: Jeff Burrows
CCERES
Direct
126 Mill Street
Healdsburg, CA 95448
(866) 966-3376
QUOTE 306695.1
Delivered
Bill To:
2220 MAGNOLIA STREET
ATTN: FINANCE DEPARTMENT
CERES, CA 95307-3216
Ship To:

CITY OF CERES
direct (925) 366-5396
fax
direct
fax
main
(707) 473-3176
(707) 473-3190
(866) 966-3376
From: Ty Brown
[email protected]

CITY OF CERES

CITY OF CERES
2220 HACKETT ROAD
CERES, CA 95307
PriceQuantity ExtensionAvailability* TaxPart Number/Description 1 $30,495.00 $30,495.00N1-2 WeeksEstimated1
Aveva Flex Subscription - 1900 Credits;
Premium Support - 1 Year, CF101768, Exp
10/24/2024
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FLEXCR-01-P1
Base Quotation Pricing Summary
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$30,495.00
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This quote is valid for 30 days.

Net 30 Days
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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: August 28, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2023-XXX, Awarding the Design Contract for STPL- 5241 (075) Whitmore Avenue Rehabilitation Project to O’Dell Engineering, Authorizing a 10% Contingency, and Authorizing the Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the Council to award the design contract for the Whitmore Avenue Rehabilitation project to O’Dell Engineering in the amount of $222,334.00, a ten percent contingency of $22,200.00, and authorize the interim City Manager to execute the contract.

I. BACKGROUND:

The Project proposes to perform pavement rehabilitation on Whitmore Avenue, a classified minor arterial roadway, from Crows Landing Road to Morgan Road, approximately 1.0 mile. The Project includes areas of failure of the existing pavement, reconstruction of curb ramps to meet ADA compliance, removal and replacement of damaged curb & gutter, pavement marking & striping, traffic detector loops, utility cover adjustments, storm drainage improvements, and other associated improvements necessary to improve the roadway condition.

The approximate centerline of Whitmore Avenue from Crows Landing to Morgan Road is the right of way boundary for the City of Modesto, County of Stanislaus, and the City of Ceres. A memorandum of understanding will be prepared and led by the City to organize cooperation for the rehabilitation of the roadway.

II. REASONS FOR RECOMMENDATION:

A deflection study on Whitmore Avenue was conducted in June 2019 and identified the segment between Morgan Road and Crows Landing Road as being in need of rehabilitation. Currently, the roadway has severe asphalt cracking, rutting, and structural deficiencies that will only worsen with continued use and future rain events. Delaying ITEM 7
improvements to Whitmore Avenue will impact driver and pedestrian safety and access.

Additionally, the Storm Drain Master Plan draft noted that the existing dry wells within this segment are exhausted and recommends new improvements throughout.

The request for design proposals was solicited to our non-federal on call Civil and Traffic Engineer’s on March 29th, 2023, with proposals due on April 27th, 2023. Two consultant’s submitted proposals to the City for consideration, and upon review, staff negotiated the scope and cost with the highest ranked firm, O’Dell Engineering.

III. FISCAL IMPACTS:

This project was included and programmed in the Capital Improvement Program Budget in account number 277.95.8005. The contract amount for design services is $222,334.00, plus $22,200.00 for contingency, totaling $244,534.00.

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 proposal and re-post the project or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

The City will coordinate with the City of Modesto and the County of Stanislaus.

VIII. ENVIRONMENTAL REVIEW:

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

The project is a NEPA Categorical Exclusion as per Section 23 CFR 771.117 (c)(26).

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract with O’Dell Engineering, issue a Notice to Proceed, and conduct a pre-design conference.

Approved by: _______________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Project Agreement
ITEM 7

ATTACHMENT A

RESOLUTION NO. 2023-XXX

AWARDING THE DESIGN CONTRACT FOR STPL-5241 (075) WHITMORE AVENUE REHABILITATION PROJECT TO O’DELL ENGINEERING,
AUTHORIZING A 10% CONTINGENCY, AND AUTHORIZING THE INTERIM

CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the design contract for STPL -5241 (075) Whitmore Avenue Rehabilitation were due April 27th, 2023; and

WHEREAS, the proposal selected was from O’Dell Engineering, in the amount of $222,334.00; and

WHEREAS, a design contingency in the amount of ten percent or $22,200.00 is necessary and appropriate to accommodate any unforeseen costs bringing the total design authorization to $244,534.00; and

WHEREAS, the design of Whitmore Avenue Rehabilitation project was programmed in the Capital Improvement Budget in account number 277.95.8005; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the design contract for STPL- 5241 (075) Whitmore Avenue Rehabilitation Project to O’Dell Engineering, authorizes a 10% contingency, and authorizes 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 28
th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
O'DELL ENGINEERING INC.

Consultant – Professional Consultant (2023-24)

PROJECT AGREEMENT No. #2

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Civil Engineering

Providing: General professional consulting services to develop plans, specifications, cost opinion, SWPPP, attendance to project meetings, and pre-construction services expressed in Exhibit A

Civil Engineering Consultant Services
City of Ceres Engineering Services
Whitmore Avenue Rehabilitation
STPL-5241 (075)

This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and O’Dell Engineering Inc. a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS

A. Following a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on February 13th, 2023.

B. City seeks to hire an independent contractor to perform civil engineering consultant services to assist the City with the Whitmore Avenue Rehabilitation (the “Project”).

C. Consultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth i n this Agreement , the Master Agreement, and the Amendment.

D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

ITEM 7
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
O'DELL ENGINEERING INC.

E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreeme nt and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Servi ces (“ Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($222,334.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice ITEM 7
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
O'DELL ENGINEERING INC.

to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Section 8. Time of Performance. Consultant warrants that it will commence per formance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including , but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Scope of Services

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom not ices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written ITEM 7
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
O'DELL ENGINEERING INC.

notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: O’Dell Engineering Inc.
1165 Scenic Drive, Suite A
Modesto, CA 95350
Attention: Mike Persak, P.E.

Tel: (209) 494-4061
[email protected]

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Section 14. General Provisions

14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

ITEM 7
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
O'DELL ENGINEERING INC.

14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligate d, which such breach would have a material effect hereon.

14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full f orce and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. Entire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any an d all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

14.7. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations , whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

ITEM 7
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
O'DELL ENGINEERING INC.

14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a s eparate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.12. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and inst ruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 7
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND
O'DELL ENGINEERING INC.

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

Dated: ______________________, 2023 Dated: ______________________, 2023 CITY OF CERES, a municipal corporation
By_______________________________
Signature
Doug Dunford, Interim City Manager
Name and Title

CONSULTANT
By_______________________________
Signature
Dylan Crawford, Principal
Name and Title

APPROVED AS TO FORM
__________________________________
Nubia I. Goldstein, City Attorney
August 8
ITEM 7

PROPOSAL OF SERVICES

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

1 August 1, 2023
City of Ceres - Whitmore Avenue Rehabilitation / M3723

Project Description
The Project proposes to perform pavement rehabilitation on Whitmore Avenue, a classified minor arterial roadway, from Crows Landing Road to Morgan Road, approximately 1.0 mile. The Project includes areas of failure of the existing pavement, reconstruction of eleven (11) curb ramps on the south side of Whitmore to meet ADA compliance, removal and replacement of damaged curb & gutter, pavement marking & striping, replacement of traffic detector loops in kind, utility cover adjustments, and other associated improvements necessary to improve the roadway condition. A pavement deflection study completed in 2019 indicated that the roadway requires a significant overlay and ultimately recommends a reconstruction. Based on our team’s review of the site, the pavement along Whitmore Avenue is in very poor condition with severe alligator cracking, block cracking, rutting and disbonding. Poor drainage is evident along the alignment where ponding water within the roadway shoulders and adjacent driveways/sidewalks is present. As indicated in the 2019 deflection study, roadway reconstruction is considered the most appropriate rehabilitation strategy. However , based on conversations with the City , we understand the City would like to proceed with the mill & overlay approach, with limited sections of reconstruction in the areas with very poor existing pavement. The City will delineate these area for reconstruction during the initial site walk/pre-design meeting.

Also, the City would like to add some French drains to the existing underperforming drain inlets/drywells along the south side of the road to improve drainage performance. These locations will also be identified by the City during the initial site walk/pre-design meeting

The project also involves the following special aspects:

A. This project involves working adjacent UPRR Ceres Whitmore Avenue crossing and remote locomotive operation station.

B. The approximate centerline of Whitmore Avenue from Crows Landing to Morgan Road is the right of way boundary for the City of Modesto, County of Stanislaus, and the City of Ceres. A memorandum of understanding will be prepared and led by the City to organize cooperation for the rehabilitation of the roadway before project commences The Consultant is expected to be open to attending meeting discussions and providing design clarification to meet other jurisdictional design standards. No contract execution with other entities will be required of the Consultant.

C. Pedestrian traffic and business access are critical along the street during the normal workweek and these issues should be addressed during the design and construction process by providing detailed contract specifications for Public Safety and Convenience to a followed by the contractor.

D. This project improvements shall incorporate the City masterplan goals mentioned in the Citywide Active Transportation Plan, General Plan 2035, Whitmore Avenue Corridor Plan, and other master plans as necessary, within the limits of the project budget.

E. There are three existing bus stops along this section of roadway and the design will need to include the appropriate striping & signage.

ITEM 7

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

2 Scope of Work
Task 1: Project Management & Coordination
• Attend a pre -design kick-off meeting/site walk with the City staff to discuss the overall project goals and scope of work, project phasing, project schedule, and budget. We will also discuss and document the City’s expectations. The site walk portion of the meeting will be to pinpoint the limits of work and will include verification of all visible potential conflicts. • Prepare a project schedule and update as needed throughout the project life. • Prepare monthly progress reports for the City.
• Coordinate with public agencies, including the City of Ceres, City of Modesto, and Stanislaus County. • Prepare and process a permit application with Union Pacific Railroad (UPRR). This will include a traffic control detail for the work within the UPRR right-of-way.

DELIVERABLES:
 Meeting Notes, in PDF
 Updated Project Schedule, in PDF
 Monthly Progress Reports, in PDF
 UPRR Permit Application, in PDF

Task 2: Topographic Survey
• Topographic Survey and Mapping
o Perform cross-section survey of roadway at 75-foot intervals. o Perform topographic survey of all hardscape and softscape, including: grade breaks, high points, low points. In flat areas, measure spot elevations in a grid pattern at 50-foot intervals. o Locate surface-visible utility features and improvements, such as: signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA markings, vaults, valves, meters, boxes, pedestals, cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, and standpipes. o Trees 6” in diameter or larger will be located.
o At manholes and accessible structures measure invert elevation of all gravity storm drains and sewer pipes. Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O’Dell Engineering shall indicate by notation on the mapping deliverable. o Draft client-provided utility records and incorporate into topographic map. o Prepare topographic map at a 1” = 20’ scale.

DELIVERABLES:
 Digital copy of the topographic survey drawing in AutoCAD Civil 3D 2020 format.  PDF copy of topographic survey on O’Dell title block.

• Subsurface Utility Research and Base Mapping
o Compile a list of utility companies who may have facilities in the vicinity of project. o Request copies of existing maps, GIS data, improvement plans, as-builts, record drawings, etc. from each utility operator that shows their existing subsurface infrastructure within the project limits.
o Use compiled records together with field observed surface evidence to prepare a subsurface utility base map drawing, and incorporate the information into the topographic survey. o Where possible, existing utility meta information will be annotated on the base mapping to reflect available details extracted from the provided utility drawings.

ITEM 7

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

3 o This task is intended to be consistent with Utility Quality Level C as described in Section 5 of the publication CI/ASCE 38-02 (Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data).

DELIVERABLES:
 Digital copy of the utility facility mapping in AutoCAD Civil 3D 2020 format.  PDF copies of utility as-built plans used to create utility facility mapping.

• Conceptual Boundary Base Mapping
o Prepare a conceptual property boundary/road right-of-way linework base map drawing covering the subject mapping limits area. Linework will be based solely on record information from filed survey maps, recorded documents, and any other client-provided information, then placed relative to other deliverables using a limited amount of physical evidence. o This is not a resolved boundary; no boundary analysis or adjustment will be performed. The following limitations apply:
 Excludes setting of monuments or filing maps/corner records.  Excludes review of adjoining property deeds or resolution of conflicting title evidence.  Excludes obtaining a title report. However, if one is provided it will be reviewed and any applicable exceptions will be plotted from record where possible.  Plotting of easements or other encumbrances is limited to readily available information obtained by or discovered throughout the process of researching relevant maps, documents, and title reports (if provided). Additional encumbrances may exist. No guarantee is made as to the completeness of said information. o This item is conditional on finding sufficient corners set by previous surveys. If property corner monuments of record have been destroyed, do not fit, or were never set, then pursuant to the Professional Land Surveyors’ Act, additional surveying and a “Record of Survey” or a “Corner Record” may be required to resolve the boundary. If additional surveying is necessary, a briefing with the Client will be arranged, and work will proceed only after authorization from the Client.

DELIVERABLES:
 Digital copy of the conceptual boundary linework drawing in AutoCAD Civil 3D 2020 format.  Subsurface Utility Research and Base Mapping

• Traffic Control and Permits
o Obtain encroachment permit from City of Ceres.
o Coordinate with qualified traffic control contractor to provide safe work zone for field survey crews where necessary.

DELIVERABLES:
 Encroachment permit

Task 3: Environmental Compliance & Geotechnical Investigation • Prepare SWPPP, including permit registration documents, risk assessment, site specific SWPPP approved by QSD, site maps, and NOI for LRP review (Fees provided by Client). • Geotechnical Investigation:
o Coordinate with the design team to discuss the project design needs, goals, and schedule. o Visit the site to mark our boring locations for USA North 811.

ITEM 7

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

4 o Obtain the required Encroachment Permits.
o Subsurface Exploration: To measure the existing structural pavement sections (HMA and AB), Crawford & Associates will perform pavement cores across all lanes of Whitmore Ave at intervals of approximately 1,000 linear feet. An Engineer/Geologist will direct the coring and sampling. At each core location, Crawford will use a diamond tipped core bit 4 to 6 inches in diameter to core through the existing pavement. The existing pavement sections (HMA and AB) will be measured, and subgrade samples will be collected. Cores will be backfilled with sand and topped with dyed black quick setting concrete to match the existing road. Hot mix asphalt patching is not included in our scope of services since the road will be rehabilitated soon. We will work with the City of Ceres encroachment permit department on the traffic control requirements; however, we expect lane shifts will be sufficient. Crawford will also perform infiltration rate testing at 3 locations along the south side of Whitmore Avenue within the planned French drain improvement areas. The infiltration rate tests will be located 5 to 7 ft below existing grade. Crawford will utilize hand auger equipment to excavate the infiltration rate test locations. An engineer or geologist from our office will perform the infiltration rate tests in the field using the constant head or falling head test methods in an uncased borehole.
o Laboratory testing: Samples of the subgrade soil will be tested to determine the R Value for our pavement design.
o Perform engineering analysis and prepare a Pavement Report addressing:
 Project description;
 Scope of work;
 Subgrade R-value test results;
 Existing pavement condition;
 Results of our pavement coring, presence of overlays and fabric (if present), and current traffic index;
 New pavement section recommendations based on the traffic index provided by the Design Team;
 Rehabilitation options considering mill and overlay (if possible)  Infiltration rates
 R-value test results; and
 Vicinity map, site plan, core logs, and core photos.

DELIVERABLES:
 SWPPP, in PDF
 Draft Pavement Report, in PDF
 Final Pavement Report, in PDF

Task 4: Research
• Review any as-built plans and utility maps provided by the City. • Based on the project research and the topographic survey, perform an analysis to determine if there are any potential utility conflicts.
• Prepare a complete list of all existing utilities (underground and above ground) in the project area.

DELIVERABLES:
 List of all Utilities & Facilities in Project Area, in PDF

ITEM 7

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

5 Task 5: Design Services
D rainage Design
• Based on the recommendations in the geotechnical report and consultation with the City, prepare a design for French drains along the south side of the roadway in the designated locations. 3 0% Design
• Preliminary Design Drawings : Prepare preliminary design drawings (20’ scale) based on the topographic survey showing all existing utilities identified, the site constraints, and input provided by the Client.
• Prepare 30% improvement plans and submit to the City. 60% P S&E
• Based on the City’s review comments from the 30% submittal, we will produce and deliver 60 % improvement design drawings, for evaluation by City Staff. This will be a complete set of drawings for work to be performed, including the following:
o Cover Sheet
o General Notes
o Construction Details
o Horizontal Control Plan (20’ scale)
o Grading & Paving Plan (20’ scale)
o Striping Plan
o Erosion Control Plan
• Prepare Technical Specifications
• Prepare an Engineer’s Estimate
100% PS&E
• Based on the City’s review comments from the 60% submittal, we will produce and deliver 100% improvement design drawings, technical specifications, and engineer’s estimate for review and approval by City Staff.

Final PS&E
• Upon approval of the 100% PS&E, we will produce and deliver the Final PS&E package for bidding.

DELIVERABLES:
 30% Preliminary Design Drawings, in 24”x36” format
 60% PS&E, in PDF format
 100% PS&E, in PDF format
 Final PS&E, electronic copies in PDF and ACAD format

Task 6: Construction Period Services
• Review and provide responses to civil related RFIs during the bid and construction period. • Assist City with preparing any addenda during the bid period. • Review civil related technical submittals during the construction period. • Assist City with review of any contractor change order requests. • Attend one up to two (2) site meetings during construction.

DELIVERABLES:
 Response to RFIs
 Response to technical submittals
 Meeting notes

ITEM 7

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

6 Additive Option:
• Addition of curb, gutter, and sidewalk replacement in design. • Addition of curb ramp replacement in design. (This is over and above the eleven which are included in the original scope of the project.)

Client to Provide:
• Boilerplate of front-end documents.
• City utility base maps.
• As-built plans, if available.
• Inspection and construction management.
• All agency fees.
• USA requests, if required.

Limitations:
• Excludes environmental/technical studies such as clean air analysis, environmental site assessment, hazardous materials assessment, historical review, noise abatement, traffic study, etc. If required, such studies can be performed for additional cost once the scope of work is determined. • Excludes assessment of condition of existing pipes.
• Excludes Record-of-Survey and legal descriptions.
• Excludes underground utility locating service.
• Plans will be based on City of Ceres Improvement Standards, Standard Specifications, and Caltrans Standard Plans and Specifications.
• Excludes public outreach or correspondence with property owners. • Excludes encroachment permit (by contractor).
• Excludes traffic control plans (by contractor).
• Excludes dust control plan, permit
• Excludes Storm Water Quality Control Plan.
• Excludes construction staking
• Excludes preparation of as-built plans.
• Scope does not include additional mobilizations to capture additional potholing, USA markings, or any site work performed after field surveys are complete.
• Survey deliverables will be based on the NAD83 horizontal datum and the NAVD88 vertical datum using City of Modesto benchmarks. A survey control statement will be provided, including: the location, elevation, and description of the benchmark utilized, as well as a horizontal survey coordinate table with the point number, northing, easting, and description for at least three (3) points. • Obstructed or inaccessible areas may not be mapped.
• Scope does not include mapping of small trees, shrubs, or other minor vegetation. • Scope does not include research, mapping, potholing, locating, or any other form of subsurface utility investigation or verification.
• A conceptual boundary is a planning level tool and is not a fully resolved parcel boundary. It does not include the review of adjoined parcel deeds, analysis of physical features along parcel boundaries, or resolution of conflicting title evidence.

ITEM 7

PROPOSAL
O’Dell Engineering
p:209.571.1765 | f:209.571.2466
1165 Scenic Drive, Suite A, Modesto, CA 95350 | www.odellengineering.com

7 • If sufficient property corner monuments cannot be located with a reasonable level of effort, it may not be possible to provide the conceptual boundary linework on the same coordinate system as the topographic survey deliverables without additional costs.
• Scope does not include land title research needed to establish right-of-way ownership, or right-of-way status as a fee ownership or easement right.
• Scope does not include setting of property corner monuments or other marks on old or new property lines.
• Scope does not include preparation of a record-of-survey map or corner record.

ITEM 7
Version: 1.0
8/1/2023
Project Fees by Task
PROJECT #: M3723
PROJECT: Whitmore Avenue Rehabilitation
CLIENT: City of Ceres
DATE: 8/1/2023
Subcons.

Principal - Dylan
Crawford
Senior Civil Engineer -
Mike Persak
Senior Engineer 1 -
Kristen Scheidt
Assistant Engineer 1 -
Angel Mariscal
Utility Engineer -
Dennis Wann
Survey Manager -
Scott Roberts
Senior Surveyor 2 - Bill
Koch
Surveyor 2 - Jakeob
Cooper/Luke Wynn
CADD Operator 2
Survey Crew 2-man
(Prevailing Wage) -
Ryan Andersen & Silas
Pyle
Admin - Alyssa
Cabrera
Reimbursables
R
eproduction Costs
Crawford & Associates
(Geotechnical)
Hours
Task Subtotal
Task Total Fee
$280.00 $215.00 $185.00 $130.00 $135.00 $205.00 $190.00 $150.00 $115.00 $396.00 $96.00 129 $22,154 $22,154

1.1 Pre-Design Kick-Off Meeting and Site Walk with the City 3 3 1 7 $1,296 $1,296

1.2 Project Schedule 2 8 12 22 $3,062 $3,062

1.3 Monthly Progress Reports 4 8 8 20 $3,108 $3,108

1.4 Coordination with Agencies 12 20 32 $6,280 $6,280

1.5 UPRR Permitting 8 32 8 48 $8,408 $8,408
268 $62,634 $63,379

2.1 Topographic Survey and Mapping 1 6 8 18 98 68 2 201 $44,120 $44,120

2.2 Subsurface Utility Research and Base Mapping 1 3 8 10 22 $3,125 $3,125

2.3 Conceptual Boundary / Monument Preservation 2 8 20 8 4 42 $7,434 $7,434

2.4 Traffic Control for Field Surveys 1 2 $7,450 3 $7,955 $8,700 24 $40,806 $44,553

3.1 SWPPP 4 20 24 $3,340 $3,340

3.2 Coordination, Field Preparation $6,191 0 $6,191 $6,810

3.3 Subsurface Exploration $15,565 0 $15,565 $17,122

3.4 Laboratory Testing $2,610 0 $2,610 $2,871

3.6 Engineering Analysis and Pavement Design Report $13,100 0 $13,100 $14,410 34 $5,270 $5,270

4.1 Review As-Built Plans and Utility Maps Provided by City 4 4 $860 $860

4.2 Prepare List of all Utilities & Facilities in Project Area 4 4 $540 $540

4.3 Maintain Coordination with Utility Companies 2 4 20 26 $3,870 $3,870 482 $70,838 $70,838

5.1 Drainage Design 4 20 20 12 56 $8,540 $8,540

5.2 30% Improvement Design Drawings 8 40 60 60 168 $23,820 $23,820

5.3 60% Improvement Design Drawings 8 32 50 50 140 $19,890 $19,890

5.4 60% Technical Specifications 2 16 8 26 $4,158 $4,158

5.5 60% Engineer's Estimate 1 4 4 9 $1,475 $1,475

5.6 100% Improvement Design Drawings 4 24 20 20 68 $10,200 $10,200

5.7 100% Technical Specifications 2 8 10 $1,910 $1,910

5.8 100% Engineer's Estimate 1 2 2 5 $845 $845
84 $16,140 $16,140

6.1 Review and Provide Responses to Bid Period RFIs 4 16 20 $3,820 $3,820

6.2 Assist with Bid Period Addenda 2 4 6 $1,170 $1,170

6.3 Review and Provide Responses to RFIs During Construction Period 4 24 28 $5,300 $5,300

6.4 Review Civil Related Technical Submittals During Construction Period 2 12 14 $2,650 $2,650

6.5 Assist with Review of Change Order Requests 4 4 8 $1,600 $1,600

6.6 Meetings (Assumes 2 meetings) 4 4 8 $1,600 $1,600
1 85 289 176 24 10 19 48 258 72 39 7450 0 1021
$280 $18,275 $53,465 $22,880 $3,240 $2,050 $3,610 $7,200 $29,670 $28,512 $3,744 $7,450 $0 $37,466 $217,842 $222,334 $745 $0 $3,747
$280 $18,275 $53,465 $22,880 $3,240 $2,050 $3,610 $7,200 $29,670 $28,512 $3,744 $8,195 $0 $41,213 $222,334GRAND TOTAL Tasks
TASK 6 - CONSTRUCTION PERIOD SERVICES
CONSULTANT MARK-UP 10%

TOTAL HOURS

TOTAL COST
TASK 1 - PROJECT MANAGEMENT & COORDINATION
O'Dell Engineering
TASK 5 - DESIGN SERVICES
TASK 4 - RESEARCH
TASK 2 - TOPOGRAPHIC SURVEY
TASK 3 - ENVIRONMENTAL COMPLIANCE & GEOTECHNICAL INVESTIGATION

TASK/DESCRIPTION
O'Dell Engineering
EST-2023-08-01-M3723 Ceres Whitmore Ave Rehab
ITEM 7

K:\CONTRACTS\Fee Schedules\Fee Schedule (July 2022).doc

O’Dell Engineering

FEE SCHEDULE
July 2022

Classification: Regular Hourly Rate:

Principal $280
Senior Civil Engineer $215
Senior Engineer 2 $200
Senior Engineer 1 $185
Engineer 2 $180
Engineer 1 $170
Assistant Engineer 2 $145
Assistant Engineer 1 $130
Senior Landscape Architect 2 $200
Senior Landscape Architect 1 $180
Landscape Architect 2 $170
Landscape Architect 1 $160
Landscape Designer 3 $155
Landscape Designer 2 $145
Landscape Designer 1 $135
Planner $175
Assistant Planner $140 Dry Utility Project Manager 2 $170
Dry Utility Project Manager 1 $150
Utility Engineer $135 CADD Operator 2 $115
CADD Operator 1 $95
Surveyor Manager $205
Senior Land Surveyor $195
Senior Surveyor 2 $190
Senior Surveyor 1 $170
Surveyor 2 $150
Surveyor 1 $140
Assistant Surveyor 2 $130
Assistant Surveyor 1 $115
Survey Crew 2-man/1-man $320/$180
Survey Crew 2-man/1-man (Prevailing Wage) $396/$225
Administrative $96
Outside Services & Reproduction: Actual cost plus 10%
Cost of services and expenses charged to O’Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project.

Travel: Actual cost plus 10%
Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant.

ITEM 7
ID Task Name Duration Start Finish Pred e
1 Task 1 - Project Management & Coordination Mon 9/18/23 2 1.1 Pre-Design Kick-Off Meeting and Site Walk with the City 1 day Mon 9/18/23 Mon 9/18/23 3 1.2 Project Schedule 81 days Mon 10/16/23 Mon 2/5/24
4 1.3 Monthly Progress Reports 81 days Mon 10/16/23 Mon 2/5/24 5 1.4 Coordination with Agencies 101 days Mon 9/18/23 Mon 2/5/24 6 1.5 UPRR Permitting 81 days Mon 10/16/23 Mon 2/5/24
7 Task 2 - Topographic Survey
8 2.1 Topographic Survey 11 days Mon 9/25/23 Mon 10/9/23 9 2.2 Utility Research 15 days Tue 9/19/23 Mon 10/9/23
10 2.3 Prepare Topographic Base Map 11 days Mon 10/9/23 Mon 10/23/238 11 Task 3 - Environmental Compliance & Geotechnical Investigation 12 3.1 SWPPP 16 days Mon 10/16/23 Mon 11/6/23
13 3.2 Field Preparation and Permits 21 days Mon 9/18/23 Mon 10/16/23 14 3.3 Subsurface Exploration 11 days Mon 10/16/23 Mon 10/30/2313 15 3.4 Laboratory Testing 6 days Mon 10/30/23 Mon 11/6/23 14 16 3.5 Engineering Analysis and Draft Pavement Report 11 days Tue 11/7/23 Tue 11/21/23 15 17 3.6 Final Pavement Report 6 days Mon 11/20/23 Mon 11/27/2316 18 Task 4 - Research
19 4.1 Review As-Built Plans and Utility Maps Provided by City 6 days Mon 10/9/23 Mon 10/16/23 20 4.2 Prepare List of all Utilities & Facilities in Project Area 6 days Mon 10/16/23 Mon 10/23/2319 21 4.3 Maintain Coordination with Utility Companies 100 days Tue 9/19/23 Mon 2/5/24 22 Task 5 - Design Services
23 5.1 Drainage Design 14 days Wed 11/22/23 Mon 12/11/2316 24 5.2 30% Improvement Design Drawings 21 days Mon 12/11/23 Mon 1/8/24 23 25 City Review of 30% Design Drawings 11 days Mon 1/8/24 Mon 1/22/24 24 26 5.3 60% PS&E 21 days Mon 1/22/24 Mon 2/19/24 25
27 City Review of 60% PS&E 11 days Mon 2/19/24 Mon 3/4/24 26 28 5.4 100% PS&E 16 days Mon 3/4/24 Mon 3/25/24 27
29 City Approval of 100% PS&E 6 days Mon 3/25/24 Mon 4/1/24 28 30 Task 6 - Construction Period Services
31 6.1 Review and Provide Responses to Bid Period RFIs 16 days Mon 4/8/24 Mon 4/29/24 32 6.2 Assist with Bid Period Addenda 6 days Mon 4/29/24 Mon 5/6/24 31 33 6.3 Review and Provide Responses to RFIs During Construction Period 71 days Mon 5/27/24 Mon 9/2/24 34 6.4 Review Civil Related Technical Submittals During Construction Period 71 days Mon 5/27/24 Mon 9/2/24 35 6.5 Assist with Review of Change Order Requests 71 days Mon 5/27/24 Mon 9/2/24 36 6.6 Meetings (Up to 2 Site Mtgs During Constr.) 101 days Mon 4/8/24 Mon 8/26/24 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
2024
Task Milestone Summary Manual Task Manual Summary
Ceres Whitmore Avenue Rehabilitation

Project: Ceres Whitmore Avenue Rehabilitation
Date: 8/8/2023
ITEM 7
ITEM 7

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: August 28, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2023-XXX, Awarding the Design Contract for CML- 5241 (074) Bike Lane Corridors – Class II to TL Engineering, Authorizing a 10% Contingency, a Budget Amendment, a nd t he Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the Council to award the design contract for the CML-5241(074) Bike Lane Corridors – Class II project to TL Engineering in the amount of $158,040.00; authorizing a 10% contingency of $15,800.00, a budget amendment, and the interim City Manager to execute the contract.

I. BACKGROUND:

The City has received federal funding through the Congestion Mitigation Air Quality (CMAQ) program to install bike lanes on Herndon Avenue from Hatch Road to Central Avenue, El Camino Avenue from Whitmore Avenue to Don Pedro Road, and Eastgate Boulevard from Hatch Road to Whitmore Avenue. The total length is approximately 3.0 miles. Improvements include widening portions of roadway (3- feet), centerline realignment, installing shoulder backing, pavement striping, markings, signage for bike lanes, repairing asphalt pavement and micro-surfacing bike lane areas.

II. REASONS FOR RECOMMENDATION:

Installing bike lanes is intended to improve connectivity and safety to the City’s bike route network. By providing sufficient connectivity, it will encourage non- motorized forms of transportation and therefore reduc e dependency on motorized vehicles, traffic, congestion, and emissions.

The request for design proposals was solicited to our federal/state on call Civil and Traffic Engineering Consultants on June 15th, 2023, with proposals due on July 13th, 2023. Two ITEM 8
consultant’s submitted proposals to the City for consideration. U pon review, staff negotiated the scope and cost with the highest ranked firm, TL Engineering.

III. FISCAL IMPACTS:

This project was included and programmed in the Capital Improvement Program budget in accounts 274.95.8005 and 268.95.8005 in the amount of $99,462. 00. The contract amount for design services is $ 158,040.00, plus $15,8 00.00 for contingency, totaling $173,840.00. Therefore, a budget amendment of $74,378.00 from account 271.95.8005 is being requested at this time to complete the design portion of the project.

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 proposal and re-post the project with a similar or modified scope or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

No committee or public participation events are anticipated for the action.

VIII. ENVIRONMENTAL REVIEW:

The project will be cleared through NEPA.

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract with TL Engineering, issue a Notice to Proceed, and conduct a pre- design conference.

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Project Agreement
ITEM 8

ATTACHMENT A

RESOLUTION NO. 2023-XXX

AWARDING THE DESIGN CONTRACT FOR CML-5241 (074) BIKE LANE CORRIDORS – CLASS II TO TL ENGINEERING, AUTHORIZING A 10%

CONTINGENCY, A BUDGET AMENDMENT, AND THE INTERIM CITY MANAGER

TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the design contract for CML -5241(074) Bike Lane Corridors – Class II were due July 13th, 2023; and

WHEREAS, the proposal selected was from TL Engineering, in the amount of $158,040.00; and

WHEREAS, a design contingency in the amount of ten percent or $15,800.00 is necessary and appropriate to accommodate any unforeseen costs bringing the total design authorization to $173,840.00; and

WHEREAS, the design of CML-5241(074) Bike Lane Corridors – Class II was programmed in the Capital Improvement Budget in account number s 274.95.8005 and 268.95.8005; and

WHEREAS, a budget amendment appropriating an additional $74,378.00 is necessary 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 design contract for CML-5241 (074) Bike Lane Corridors – Class II to TL Engineering, authorizes 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 28
th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

ITEM 8

ATTACHMENT A

_________________________________
Fallon Martin, City Clerk
ITEM 8

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023-__, dated August 28,2023, authorizing appropriations for Budget Adjustments to the CML- 5241(074) Bike Lane Corridors – Class II project as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Measure L Funds 271 95 800500 $74,378.00

Requested Appropriation $74,378.00
2022 - 2023 Current Appropriation $99,462.00
Total Appropriation $173,840.00

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
ITEM 8
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

TL ENGINEERING

CONSULTANT – Professional Consultant (2023-24)

PROJECT AGREEMENT No. #2

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR FEDERAL/STATE PROJECTS: Traffic Engineering

Providing: General professional consulting services to develop plans, specifications, cost opinion, SWPPP, attendance to project meetings, and pre-construction services expressed in Exhibit A

Professional Engineering Consultant Services
City of Ceres Engineering Services
CML-5241 (074) Bike Lane Corridors – Class II

This Project Agreement (“Agreement”) by and between the City of Ceres, a California municipal corporation, hereinafter referred to as “CITY”, and TL Engineering, a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Agreement.

RECITALS

A. Following a Request for Qualification s (“RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Federal & State Projects (“Master Agreement”) on March 14, 2023.

B. On February 13, 2023, the Ceres City Council (“City Council”) adopted Resolution No. 2023-19, which authorized the City Manager to execute the Master Agreement with a term until June 30, 2025 (“Master Agreement”).

C. City seeks to hire a professional consultant to perform civil engineering design services to assist the City with the CML-5241(074) Bike Lane Corridors- Class II (“Project”).

D. Consultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement, the Master Agreement.

E. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in the Scope of Services in Exhibit A.

ITEM 8
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

TL ENGINEERING

F. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement (“Effective Date”).

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “Modifications”). Consultant shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($158,040.00) (“Maximum Payment”) unless the Parties mutually agree in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”).

Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the ITEM 8
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

TL ENGINEERING

Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Scope of Services

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS , or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday, or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such n otice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days ’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

ITEM 8
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

TL ENGINEERING

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: TL Engineering
664 Heron Drive
Los Banos, CA 95635
Attention: Leo Trujillo, P.E., T.E.

Tel: (209) 829-1553
[email protected]

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Section 14. General Provisions.

14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

ITEM 8
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

TL ENGINEERING

14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party heret o shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of fina l entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed sim ultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

14.6. Entire Agreement . This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written.

14.7. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitme nts, or representations , whether written, electronic, or oral, between the Parties with respect to the subject matter of this Agreement.

14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

ITEM 8
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

TL ENGINEERING

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs . If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.12. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such o ther actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE]

ITEM 8
PROJECT AGREEMENT NO. 2

BETWEEN CITY OF CERES AND

TL ENGINEERING

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

Dated: ______________________, 2023 Dated: ______________________, 2023 CITY OF CERES, a municipal corporation
By_______________________________
Signature
Doug Dunford, Interim City Manager
Name and Title

CONSULTANT
By_______________________________
Signature
Leo Trujillo, Principal
Name and Title

APPROVED AS TO FORM
__________________________________
Nubia I. Goldstein, City Attorney
______________________
Consultant’s Federal ID #
August 10
87-3660381
ITEM 8
664 Heron Drive
Los Banos, CA 93635
T 209‐829‐1553

CITY OF CERES CML‐5241(074) BIKE LANE CORRIDORS ‐ CLASS II

August 4, 2023

Kevin Waugh, City Engineer, City of Ceres
Engineering Services
2220 Magnolia Street
Ceres, CA 95307

Subject:  RFQ: Project #1: CML‐5241 (074) Bike Lane Corridors – Class II Proposal Deadline: Thursday, July 13, 2023, at 3:00 PM

TL Engineering (TLE) is pleased to submit this proposal in response to the City’s RFP for the CML‐5241(074) Bike  Lane  Corridors‐Class  II  Project  (Project).   We  are  a  dedicated  team,  possessing  the  knowledge, experience,  versatility,  and  responsiveness  necessary  to  serve  the  City  of  Ceres.  TLE’s  civil  and  traffic engineering  expertise  extends  from  traffic  planning  to  s treet‐level  design,  and  from  inception  to implementation  of  projects,  including  complete  streets  design,  traffic  calming,  pedestrian  and  bicycle facilities,  ADA  compliance,  public  transportation,  intersection  analysis,  roadway  design,  pavement rehabilitation design, traffic signal design, and Caltrans processing.  TLE’s civil and traffic engineers have extensive experience working with city, county, regional, and state agenc ies to produce effective designs that balance efficient travel with health, safety, and environmental concerns.

To provide all services necessary for this project, TLE has teamed with Ruggeri‐Jensen‐Azar (RJA), Engeo, and Hunting Environmental (HE).  RJA will provide services such as topographic survey, right‐of‐way (ROW) mapping,  ROW  acquisition  &  temporary  construction  easements.  Engeo   will  provide  preparation  of SWPPP,  and  any  other  geotechnical  engineering  services  that  may  be  needed  for  the  project.  HE  will provide environm
ental engineering services (if necessary), to supplement CEQA / NEPA process, which will be completed by the City.

Our  project  manager  for  this  project,  Leo  Trujillo,  has  been  successfully  providing  Civil  and  Traffic Engineering services to the City of Ceres since 2012, while Celina Lee will be the lead Design Engineer.  Leo can be reached directly via email at [email protected], or by phone at 209‐829‐1553.

We reserve the right to modify our scope of work and fee estimate based on future receipt of City‐issued proposal clarifications or addendums. I attest that all information submitted within this proposal is true and correct. Thank you for the opportunity to provide a proposal for this bikeway project.  Should yo u have any questions regarding this proposal, please feel free to contact me at your convenience.

Respectfully submitted,

Leo Trujillo, PE, TE, Principal
ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

SECTION 2 ‐ PROJECT TEAM AND QUALITY ASSURANCE

TL Engineering (TLE) is a corporation recently founded in 2022, which provides consulting services in civil engineering and traffic engineering to public works and private sector clients. TLE also focuses on providing  certain  specialty  services  that  supplement  other  general  Civil  Engineering  firms,  including traffic signal design, ITS and fiber optic design, co mplete  streets design, traffic calming design, traffic signal timing and coordination, roadway lighting, pavement rehabilitation, design of pedestrian and bicycle  facilities,  ADA  compliance,  project  management,  stop/signal  warrants,  and  other  traffic engineering services.  TLE’s civil and traffic engineering expertise extends from planning to street‐level design,  and  from inception to implementation  of  projects,  including  providing  construction  support services.  TLE staff members have successfully compl
eted many corridor, roadway, and intersection
improvement projects for many cities in the Monterey County, Santa Cruz County, Santa Clara County, and Stanislaus County areas.  Below is a list of the typical services provided by TLE.

CIVIL ENGINEERING  TRAFFIC ENGINEERING
 ADA Compliant Design
 Pavement Section Calculations
 Pavement Rehabilitation Design
 General Roadway Design
 Complete Streets Design
 Storm Drainage Design
 Utility Improvements
 Caltrans encroachment permit processing
 Caltrans  PEER  /  DEER  design  oversight
processing
 Intersection geometrics
 Signing & Striping
 Traffic Signal Design & Signal Timing
 Street Lighting
 Traffic Contr
ol Plans
 ITS & fiber optic design
 At‐grade railroad crossing design
 Caltrans Intersection Control Evaluation (ICE)
 Caltrans Design Standard Decision Documents
(DSDD)
 Stop warrants
 Signal Warrants
 Speed Surveys
 LOS Analysis

Public Agency Experience
TLE’s team offers a full range of engineering services to public agencies throughout the region. Our Team is familiar with public permit processing with local jurisdictions, like the City of Ceres.  In addition, our  Team  is  also  familiar  with  permit  processing  with  larger  jurisdictions,  like  Stanislaus  County, Caltrans, and Union Pacific Railroad ( UPRR).   Our staff has extensive experience in processing projects with Caltrans, including through the encroachment permit process, the PEER / DEER process, and the PSR / PR process.  The TLE Team becomes an extension of your staff, and your projects' success defines our success.  In addition to providing on‐call civil & traffic engineering services to the City of Ce res over the past eleven years, our Team staff have also been providing these similar services to other agencies similar in size and character to Ceres.

TLE Key Team Members
Our  project  manager  for  this  project,  Leo  Trujillo,  has  been  successfully  providing  Civil  and  Traffic Engineering services to the City of Ceres since 2012.  Celina Lee will be the lead Design Engineer for the ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

project.  Ruggeri‐Jensen‐Azar (RJA), Engeo, and Hunting Environmental will be our sub‐consultants for this project.  RJA will provide services such as topographic survey, right‐of‐way (ROW) mapping, ROW acquisition  &  temporary  construction  easements.  Engeo  will  prepare  stormwater  compliance documentation  (SWPPP)  and  provide  any  additional  geotechnical  engineering  services  that  may  be needed  fo
r  the  project.   HE   will  provide  environmental  engineering  services  (if  necessary)  to supplement the CEQA / NEPA process, which will be completed by the City.

TLE Similar Project Experience
The TLE Team has completed numerous bikeway and pedestrian improvement projects in recent years.

Below is a list of some recent bikeway and trail projects designed by our project Team, which led to successful construction.  All listed projects were completed within the expected project schedule and the agreed upon budget.

Project Name  Client  Date  Description
Cochrane Road Bike Lane
Widening Project  City of Morgan Hill  2010
Roadway, curb, gutter, sidewalk,
ADA curb ramps, striping, & signing
improvements for pedestrians and
bicyclists. Caltrans encroachment
permit obtained.

Carmel River School SRTS
Improvements
Carmel Unified
School District  2011
Roadway, curb, gutter, sidewalk,
ADA curb ramps, striping, & signing
improvements for pedestrians and
bicyclists.

Madrone Channel
Pedestrian & Bike Trail
Project
City of Morgan Hill  2012
Design of shared use Class I bike /
pedestrian trail adjacent to the
SCVWD channel.

Middlefield / Oak Grove
Complete Streets Project  Town of Atherton  2018
Design of pedestrian and bicycle
improvements adjacent to the
Menlo‐Atherton High School; green
bike lanes, shared use path, ADA
curb ramps.

Morgan Road Safe Routes
to School & Pavement
Rehabilitation Project
City of Ceres  2022
Roadway, curb, gutter, sidewalk,
ADA curb ramps, striping, & signing
improvements for pedestrians and
bicyclists.

Quality Assurance & Quality Control
Quality control is an on‐going process that starts at the task scoping, budgeting, and scheduling phase.

It continues during the communication of the project assignment phase and progresses on a daily basis when the various staff members assigned to the project check each other’s work. QA/QC takes place again prior to any submittal to the re viewing agency. Either the Project Manager (PM), or someone assigned by the PM, will perform a review of the documents being prepared.

ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

The  following  discussion  highlights  the  proven  management  approach  that  the  TLE  Team  will implement throughout the duration of the project.  Keys to producing a quality project include pursuing the work as an extension  of City staff with continuous coordination, having an aggressive proactive approach to agency coordination, and accepting responsibility and ownership of the proje ct. The extent and amount of Management Control can be adjusted to meet the needs of the City.

Project Understanding/Site Reconnaissance
Our design team researches local standards, requirements, and design preferences before beginning any  project,  and  we  work  directly  with  the  responsible  government  agencies,  maintaining  frequent communication  throughout  the  design  process.  A  very  important  component  of  our  design  kick‐off effort involves conducting field reviews, collecting relevant project data, and collecting the owner/user input concerning existin
g deficiencies and goals for the project. The knowledge gained in this step is imperative to efficiently producing  a timely and quality product that meets the agency’s and users’ needs.

Work Plans
The overall scope of work is broken down into individual work tasks that have identifiable end products and  can be  assigned specific dollar values.  Work  tasks  are  organized  into  a  logical  work  sequence; which are then rolled up into a master flow chart for the project. Tying the performance of discrete work tasks to budgets and schedules, then tracking progress on these tas ks, results in proactive control
of both costs and schedules on projects of any size. A contract between TLE and our subconsultants (if necessary) will include work plans which link each subconsultant’s compensation for the work items and the respective id entified milestones.

Administrative Control
Delegation  of  authority  for  initiating  work  and  incurring  costs  is  key  in  the  administrative  control process.  Authorization to commence work is a formal and documented step for any project that applies to all TLE team members.
 Costs for work units are tracked by in‐house computerized management information system and are monitored by the Project Manager on regular basis to me asure technical performance relative to budget and schedule.
 Maintenance  of  a  complete  data  file  and  accurate  records  of  project  decisions.  All correspondence is transmitted through the Project Manager, so that corrective action can be taken immediately if a situation occurs that may im pact project cost or schedule.  Progress Reports are prepared monthly, or on a schedule preferred by the client, and include work completed, progress relative to the schedule, upcoming work, and developing issues that may affect scope, schedule, or budget. Any changes in estimated construction costs are also identified
.

QA/QC Program Administration
Development  of  a  project  specific  QA/QC  Plan  and  a  formal  adherence  to  this  plan  is  a  necessary element in providing a quality project that remains on schedule and within budget. The QC activity will be  a  budgeted  work  plan  element  for  every  submittal  and  deliverable  and  reviews  will  be  by experienced senior‐level staff. QA/QC requirements are equally enforc ed on all subconsultants’ work.

ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

SECTION 3 – PROJECT WORK PLAN AND SCHEDULE

According to the City's RFP, this project will include the installation of new Class II bike lanes along the following roadway Project Segments:

1. Herndon Avenue: Hatch Road to Central Avenue

2. El Camino Avenue: Whitmore Avenue to Don Pedro Road

3. Eastgate Boulevard: Hatch Road to Whitmore Avenue

Improvements  will  include  widening  portions  of  the  roadway  (3'  +/‐),  installing  shoulder  backing, signing & striping, localized asphalt pavement repair, and micro‐surfacing the bike lane areas.  Below is a list of other  design components that need to be assessed as part of this bikeway improvement project.  No encroachment onto the State (Caltra ns) property is anticipated.

 There are three signalized intersections within the project limits, including the following:
a) Herndon Ave / Hatch Rd
b) Herndon Ave / Central Ave
c) Herndon Ave / Whitmore Ave
 It is expected that the overall intersection geometrics will remain unchanged at intersection b), so no modifications to the traffic signal will be necessary.  Howe ver, at intersection a), the south leg will need to be restriped in order to fit a new bike lane in the northbound direction.  This will  shift  the  adjacent  travel  lanes,  which  will  require  new  signal  loops  to  be  installed accordingly. Similarly, at intersection c), the north leg will need to be restriped in or der to fit the new bike lane between the right turn lane and the thru lane.  This  will again require new signal loops to be installed for the southbound approach.  Segments #2 and #3 each contain one roundabout; Segment #2 at the i ntersection  of El Camino Ave / Pine St‐Park St and Segment #3 at the intersection of Eastgate Blvd. / Helen Perry Rd.

These existing roundabouts do not contain bike facilities (i.e. shared‐use paths).  Therefore, the new bike lane facilities will terminate at their approach towards each roundabout.   Bicyclists will then share the ro
ad with vehicles through the roundabout.
 There are certain portions of Segment #3 that already have CL II bike lanes.  New CL II bike lanes will  be  added  for  those  portions  of  the  segment  that  need  it,  and  they  will  connect  to  the existing bike lane impr ovements.   Signage will be reviewed, updated, and installed as necessary.

Our Project Team is well‐versed with the design of bikeway improvements.  The TLE Team knowledge necessary to address these issues comes from experience of not only bikeway projects, but also a vast list of Civil & Traffic Engineering projects that have components relevant / similar to those encountered in bikeway pr ojects.   This knowledge and experience will be used to provide the City with a project that is well designed to meet the City's expectations and requirements.

TASK 1  PROJECT MANAGEMENT & COORDINATION

TLE will provide general coordination with City staff and the project sub‐consultants as necessary.

TLE will participate in individual phone calls, team conference calls, and email correspondence as necessary  to  discuss  and  resolve  project  issues.   This  task  also  includes  time  for  two  (2)  live meetings.  One will be the project kick‐off meetin g, which will take place at the onset of the project.

ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

The second meeting will take place at a point during the design process when the City deems it necessary or convenient for design review and/or issue resolution.  TLE staff will prepare meeting minutes for the live meetings.  The meeting minutes will be shared with City staff and TLE will revise the minutes based on f eedback from the City.  Our Team will also prepare a project schedule, which will include each task, milestones, critical path designation, and progress meeting/reporting.  TLE will also prepare brief monthly progress reports, which will be submitted to the City along with the monthly invoicing.  Our Team will coordinate with City staff and the local utility companies which have utility facilities within the project limits.  The goal will be to coll ect all available information
that may be useful for the project design.  This  information will be used to compile the existing conditions base map, as described in Task 2.

Deliverables:
 Meeting minutes
 Project Schedule
 Monthly invoicing and progress report

TASK 2  TOPOGRAPHIC SURVEY AND BASE MAPPING

 The project area is limited to the following street segments:

1. Herndon Avenue: Hatch Road to Central Avenue/Whitmore Avenue

2. El Camino Avenue: Whitmore Avenue to Don Pedro Road

3. Eastgate Boulevard: Hatch Road to Whitmore Avenue

Our  Team  will  provide  aerial  surveys  for  the  length  of  the  project  and  ground  survey  and  data reduction to provide sufficient information to design the proposed bikeway improvements. Using the  City's  horizontal  and  vertical  control  system,  our  Team  will  provide  field  survey  within  the project area and office support to obtain horizontal and ver tical information within the vicinity of the project.   Our Team will also compile right‐of‐way (ROW) existing along the project based on available record information. The ROW information will be based on record title information only and is not a boundary survey.

Our  Team  will  also  coordinate  with  Caltrans  to  obtain  legal  descriptions  and  easements  for  the project segments which are frontage roads along SR 99 in order to provide ROW mapping along the project street segments.  Once the field work is completed, our Team will reduce the information using Civil 3D software.

The  deliverable  product  for  this  task  will  be  an  existing  conditions  base  map  with  appropriate elevation points, contours, visible utilities (drain inlets, drain manholes, sanitary sewer manholes, water valves, water meters, gas valves, survey monuments, etc.), driveways, and limits of roadway pavement.  The utility facility information collected under Task 1 will also be included in the existi ng condition base map.

Deliverables:
 Existing Conditions Base Map (Auto CAD / Civil 3d)

ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

TASK 3  ENVIRONMENTAL COMPLIANCE & GEOTECHNICAL INVESTIGATION

As  mentioned  in  the  City's  RFP,  the  City  will  lead  Caltrans  communication  and  clear  the  project through  NEPA  (if  required),  Right‐of‐Way  Certification,  and  Authorization  to  Proceed  to construction.  If additional environmental  documents  are  needed  for the  project,  our  Team  will prepare a scope and fee proposal as necessary to be included as a contrac t amendment.

Our Team will develop a project‐specific Stormwater Pollution Prevention Plan (SWPPP) and Best Management Practices (BMP's) to comply with the Construction General Permit.

The RFP mentions that if any geotech evaluation is necessary, the Consultant Team will perform the necessary services.  The cost for any geotech investigations will be provided on a per task basis.

Deliverables:
 SWPPP (including BMP's)
 Environmental assistance (as requested)
 Geotechnical investigations (as requested)

TASK 4  RESEARCH & DOCUMENT REVIEW

Our Team will review the available project data collected under Tasks 1 & 2, including roadway as‐ built plans, topo survey base map, right‐of‐way maps, utility base maps, and any other documents available for the project.  Once  all the existing information has been obtained and reviewed, our Team will conduct a field reconnaissance to review the condition of the site and verify the location of all surface utility fa
cilities within the project limits.  This  information will be documented, and the existing conditions base map will be updated accordingly.

During the field reconnaissance, our Team will also identify and mark (with paint) areas of extreme localized pavement damage/distress, including pavement deformation, extreme rutting, pavement dips,  alligator  cracking,  and  potholes  (to  name  a  few).   Some  of  these  locations  may  require pavement digouts for the localized areas.   The information for these localized are as  will also be recorded and incorporated into the design plans.

Deliverables:
 Updated existing conditions base map
 List of areas of concern (e.g. digout areas)

TASK 5  DESIGN SERVICES

Our  Team  will  prepare  construction  documents,  including  Plans,  Technical  Specifications,  and Engineer's Estimate of Probable Cost (PS&E) for the bikeway improvements.  The design plans will include existing condition features, as well as the proposed improvements, including the following:

 Roadway widening improvements (where necessary)
 Utility features to be protected or adjusted as necessary  Signing & striping improvements for the new bikeway facilities  Microsurfacing limits
 Details for striping & signing, digout repair details, etc.

ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

The sub‐tasks below cover the design services for this project:

TASK 5.1: Conceptual Layout
TLE will prepare a conceptual layout of the CL II bike lane improvements.  The layout will identify potential areas of concern, including the following:

 Locations of roadway that need widening
 Potential impacts to existing utilities
 Potential roadway re‐striping/re‐alignment

Deliverables:
 Conceptual Layout

TASK 5.2: 30% Design Plans
TLE will prepare preliminary design plans for the CL II bike improvements along the three project segments,  including  signing  &  striping,  and  roadway  widening  plans.  The   30%  plans  will  be submitted to the City for initial review and comment.

Deliverables:
 30% Plans

TASK 5.3: 60% Design Documents
Upon receipt of City comments from the previous submittal, TLE will make all appropriate revisions and prepare a set of Draft (60%) Design Documents.  The draft documents will include construction drawings  for  roadway  paving  improvements,  technical  specifications/special  provisions,  and engineer’s opinion of probable construction cost.  The following is a list of plans that is anticipate d for this project:

 Title Sheet
 Existing Conditions & Demolition Plans (8 Sheets)
 Signing & Striping Plans (8 Sheets)
 Paving & Details Plans (3 Sheets)
 Signal Modification Plans for 2 intersections (loop replacement)

Traffic Control Plans (TCP) will not be prepared as part of the plan preparation.  Instead,  detailed specifications will be included regarding the Contractor's responsibility to provide adequate traffic control  measures  for  public  safety  and  convenience  to  the  general  public.  To   address  City comments, TLE will prepare response to comments (R2C) to expl ain  how each City comment from the  previous  submittal  was  addressed.  The   Draft  PS&E,  along  with  the  R2C  document,  will  be submitted to the City for review and comment.

Deliverables:
 60% PS&E
 Response to comments

TASK 5.4: 100% Design Documents
Upon receipt of City comments from the previous submittal, TLE will make all appropriate revisions and prepare a set of Final (100%) Design Documents.  The final documents will include construction ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

drawings  for  bikeway  improvements,  technical  specifications/special  provisions,  and  engineer’s opinion  of  probable  construction  cost.  The  Final  PS&E,  along  with  the  R2C  document,  will  be submitted to the City for review and approval.

Deliverables:
 100% PS&E
 Response to comments

TASK 6  CONSTRUCTION DOCUMENTS & ENGINEERING SERVICES

Upon request by the City, TLE will provide bidding and construction support services including any of the following:

Tasks & Deliverables:
 Prepare addenda during the advertising period
 Provide clarification to RFI's during the bid & construction process  Review & comment on Contractor's equipment submittal packages  Resolve any design errors and provide the necessary documentation  Review Contractor change orders and assist in preparation of updated plans as necessary  Attend up to two site visits during construction
 Provide con
struction staking for the Contractor
 Prepare  Record  Drawings  showing  appropriate  record  information  based  on  project annotated record documents received from the Contractor

It should be noted that, at this point, it is difficult to budget items for construction support services, especially for construction staking.  The hours/budget included for this task is simply an estimate of expected time that will be necessary and should be considered an allowance for the task.  Actual time/budget may need to be adjust ed as services are requested by City staff.

ITEM 8

CITY OF CERES: CML‐5241(074) BIKELANE CORRIDORS ‐ CLASS II

ANTICIPATED PROJECT SCHEDULE
CML‐5241(074) BIKE LANE CORRIDORS ‐ CLASS II

SECTION 4 – COST PROPOSAL AND FEE SCHEDULE
Included in a separately sealed envelope, as requested in the City's RFP. 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 1 Project Management & Coordination
2 Topo Surveying & Base Mapping
3 Env. Compliance & Geotech Investigation
A. Environmental Services (upon City request)
B. SWPPP & BMP
C. Geotech Investigation (upon City request)
4 Research & Document Review

5.1 Conceptual Layout

CITY REVIEW

5.2 30% Design Plans

CITY REVIEW

5.3 60% Design Documents

CITY REVIEW

5.4 100% Design Documents

CITY REVIEW & APPROVAL
6 Bidding & Construction Support AS NECESSARY DURING BIDDING & CONSTRUCTION STAGES Feb, 24 Mar, 24
Week No. Week No. Week No. Week No. Week No. Week No. Week No.Project Work Task Sep, 23 Oct, 23 Nov, 23 Dec, 23 Jan, 24
ITEM 8
SCOPE OF SERVICE ITEM Pricipal Senior Associate Total Total Engineer Engineer Engineer Surveying Geotech Hour Fee
$200 $162 $140 RJA Engeo
1 Pro ject Management & Coordination 20 6 26 $4,972
2T o pographic Survey & Base Mapping 4 45,011$ 4 $45,811 3 Environmental Com pliance & Geotech Investigation
A. Environmental Services (upon City request)
B. SWPPP & BMP 1 11,000$ $11,200
C. Geotech Investigation (upon City request)
4 Research & Document Review
A. Collect & Review Project Data 6 6 12 $2,172
B. Field Reconnaissance 8 8 16 $2,896
C. Update Base Map 4 8 12 $2,096

5.1 Conce ptual Layout 12 30 42 $7,260

5.2 30% Desi gn Plans
A. Title Sheet 4 8 12 $2,096
B. Existing Conditions / Demo Plan 8 24 32 $5,488
C. Signing & Striping Plans 20 40 60 $10,480
D. Paving & Details Plans 16 40 56 $9,680
E. Signal Modification Plans (@ 60%)
F. Technical Specifications (@ 60%)
G. Engineer's Estimate of Probable Cost (@ 60%)

5.3 60% Desi gn Documents
A. Title Sheet 2 4 6 $1,048
B. Existing Conditions / Demo Plan 4 12 16 $2,744
C. Signing & Striping Plans 10 20 30 $5,240
D. Paving & Details Plans 8 24 32 $5,488
E. Signal Modification Plans 8 16 24 $4,192
F. Technical Specifications 16 4 20 $3,848
G. Engineer's Estimate of Probable Cost 4 8 12 $2,096
H. Response to Comments 8 8 $1,600

5.4 100% Desi gn Documents 24 40 64 $11,280
6 Biddin g & Construction Support
A. Engineering Services 20 8 28 $5,296
B. Construction Staking (up to 2 full days) 6,284$ $6,284 C. Prepare Record Drawings 8 16 $4,192
Total Hours : 215 322 0 512
Staff Expenses : $43,000 $52,164 $0 $51,295 $11,000 $157,459 REIMBURSABLES Travel Expenses : $581
Printing, Shipping, etc. : $0
Total Costs : $158,040

PROPOSAL FEE ESTIMATE
CML-5241(074) BIKE LANE CORRIDORS - CLASS II

CERES, CALIFORNIA
August 4, 2023

SUB-CONSULTANT
ITEM 8

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: August 28, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2023-XXX, Awarding the Design Contract for Hatch Road Class I Bike Path - Phase V to TL Engineering, Authorizing a 10% Contingency, a Budget Amendment, a nd t he Interim City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the Council to award the design contract for the Hatch Road Class I Bike Path: Phase V project to TL Engineering in the amount of $81 ,850.00; authorizing a 10% contingency of $8,185.00, a budget amendment, and the interim City Manager to execute the contract.

I. BACKGROUND:

The Project proposes to extend a Class I bike path on Hatch Road from Eastgate Boulevard to Faith Home Road. The total length is approximately 0.3 miles long.

Improvements include a twelve (12) foot wide asphalt concrete path with shoulder, striping, markings, signage, lighting, safety fencing, bollards, and minor storm drain improvements.

The location for the bike path is on the bank of a Turlock Irrigation District (TID) canal and will be adjacent to a private ranch. The right of way available for a bike path has not been confirmed and the City of Ceres and TID will need to negotiate an agreement to allow the project to proceed.

II. REASONS FOR RECOMMENDATION:

The proposed bike path will complete the last linkage to the east City limit. This project will provide connectivity to the previously constructed 4.6 miles of the Class I multi -use path. The path will also provide safe and efficient alternate modes of active transportation for the community to travel across the City along Hatch Road and Moore Road.

ITEM 9
The request for design proposals was solicited to our federal/state on call Civil and Traffic Engineering Consultants on June 15th, 2023 with proposals due on July 13th, 2023. Two consultant’s submitted proposals to the City for consideration . U pon review, staff negotiated the scope and cost with the highest ranked firm, TL Engineering.

III. FISCAL IMPACTS:

This project was included and programmed in the Capital Improvement Program budget in accounts 271.95.8005 in the amount of $82,509.00. The contract amount for design services is $81,850.00, plus $8,185.00 for contingency, totaling $90,035.00. Therefore, a budget amendment of $7, 526.00 from account 271.95.8005 is being requested at this time to complete the design portion of the project.

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 proposal and re-post the project with a similar or modified scope or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

No committee or public participation events are anticipated for the action.

VIII. ENVIRONMENTAL REVIEW:

The project will be cleared through NEPA.

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract with TL Engineering, issue a Notice to Proceed, and conduct a pre- design conference.

Approved by: ______________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Project Agreement
ITEM 9

ATTACHMENT A

RESOLUTION NO. 2023-XXX

AWARDING THE DESIGN CONTRACT FOR HATCH ROAD CLASS I BIKE PATH - PHASE V PROJECT TO TL ENGINEERING, AUTHORIZING A 10%

CONTINGENCY, A BUDGET AMENDMENT, AND THE INTERIM CITY

MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the design contract for Hatch Road Class I Bike Path:

Phase V were due July 13th, 2023; and

WHEREAS, the proposal selected was from TL Engineering, in the amount of $81,850.00; and

WHEREAS, a design contingency in the amount of ten percent or $8,185.00 is necessary and appropriate to accommodate any unforeseen costs bringing the total design authorization to $90,035.00; and

WHEREAS, the design of Hatch Road Class I Bike Path: Phase V project was programmed in the Capital Improvement Budget in account number 271.95.8005; and

WHEREAS, a budget amendment appropriating an additional $7,526.00 is necessary 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 design contract for Hatch Road Class I Bike Path - Phase V to TL Engineering, a 10% contingency, a budget amendment, and authorizing 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 28
th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

______________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023-__, dated August 28,2023, authorizing appropriations for Budget Adjustments to the Hatch Road Class I Bike Path: Phase V project as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Measure L Funds 271 95 800500 $7,526.00

Requested Appropriation $7,526.00
2022 - 2023 Current Appropriation $82,509.00
Total Appropriation $90,035.00

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 9
ITEM 9
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

Consultant – Professional Consultant (2023-24)

PROJECT AGREEMENT No. #3

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Civil Engineering

Providing: General professional consulting services to develop plans, specifications, cost opinion, SWPPP, attendance to project meetings, and pre-construction services expressed in Exhibit A

Civil Engineering Consultant Services
City of Ceres Engineering Services
Hatch Road Class I Bike Path: Phase V

This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and TL Engineering a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS

A. Following a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Non-Federal Projects (“Master Agreement”) on February 13th, 2023.

B. City seeks to hire an independent contractor to perform civil engineering consultant services to assist the City with the Hatch Road Class I Bike Path: Phase V (the “Project”).

C. Consultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement , the Master Agreement, and the Amendment.

D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.

ITEM 9
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.

NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.

Section 2. Term. The term of this Agreement shall stay in effect until the satisfac tory completion of the Services as further described in Exhibit A.

Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.

Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.

Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($81,850.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice ITEM 9
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.

Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.

Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's perfo rmance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.

Exhibit Designation Exhibit Title
Exhibit A: Scope of Services

Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom not ices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written ITEM 9
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]

With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]

and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.

Tel: (916) 468-0950
[email protected]

If to Consultant: TL Engineering
664 Heron Drive
Los Banos, CA 93635
Attention: Leo Trujillo, P.E., T.E.

Tel: (209) 829-1553
[email protected]

Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.

Section 14. General Provisions

14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

ITEM 9
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.

Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

14.5. Counterparts. This Agreement may be executed simul taneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.

13.6. Entire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.

14.7. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations , whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.

ITEM 9
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a s eparate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

14.12. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and inst ruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

[SIGNATURES ON FOLLOWING PAGE.]

ITEM 9
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
TL ENGINEERING INC.

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

Dated: ______________________, 2023 Dated: ______________________, 2023 CITY OF CERES, a municipal corporation
By_______________________________
Signature
Doug Dunford, Interim City Manager
Name and Title

CONSULTANT
By_______________________________
Signature
Leo Trujillo, Principal
Name and Title

APPROVED AS TO FORM
__________________________________
Nubia I. Goldstein, City Attorney
August 10
87-3660381
Consultant's Federal ID #
ITEM 9
664 Heron Drive
Los Banos, CA 93635
T 209‐829‐1553

CITY OF CERES HATCH ROAD CLASS I BIKE PATH: PHASE V

August 4, 2023

Kevin Waugh, City Engineer, City of Ceres
Engineering Services
2220 Magnolia Street
Ceres, CA 95307

Subject:  RFQ: Project #2: (TBD) Hatch Rd Class I Bike Path: Phase V Proposal Deadline: Thursday, July 13, 2023, at 3:00 PM

TL Engineering (TLE) is pleased to submit this proposal in response to the City’s RFP for the Hatch Rd Class I Bike Path: Phase V.  We are a dedicated team, possessing the knowledge, experience, versatility, and responsiveness necessary to serve the City of Ceres.  TLE’s civil and traffic engineering expertise extends from traffic planning to street‐lev
el design, and from inception to implementation of projects, including complete  streets  design,  traffic  calming,  pedestrian  and  bicycle  facilities,  ADA  compliance,  public transportation,  intersection  analysis,  roadway  design,  pavement  rehabilitation  design,  traffic  signal design, and Caltrans processing.  TLE’s civil and traffic engineers have extensive experience working with city, county, regional, and state agencies to produce eff ective designs that balance efficient travel with
health, safety, and environmental concerns.

To provide all services necessary for this project, TLE has teamed with Ruggeri‐Jensen‐Azar (RJA), Engeo, and Hunting Environmental (HE).  RJA will provide services such as topographic survey, right‐of‐way (ROW) mapping,  ROW  acquisition  &  temporary  construction  easements.  Engeo  will  provide  preparation  of SWPPP  and  any  other  geotechnical  engineering  services  that  may  be  needed  for  the  project.  HE  will provide environm
ental engineering services (if necessary), to supplement CEQA / NEPA process, which will be completed by the City.

Our  project  manager  for  this  project,  Leo  Trujillo,  has  been  successfully  providing  Civil  and  Traffic Engineering services to the City of Ceres since 2012, while Celina Lee will be the lead Design Engineer.  Leo can be reached directly via email at [email protected], or by phone at 209‐829‐1553.

We reserve the right to modify our scope of work and fee estimate based on future receipt of City‐issued proposal clarifications or addendums. I attest that all information submitted within this proposal is true and correct. Thank you for the opportunity to provide a proposal for this bikeway project.  Should yo u have any questions regarding this proposal, please feel free to contact me at your convenience.

Respectfully submitted,

Leo Trujillo, PE, TE, Principal
ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

SECTION 2 ‐ PROJECT TEAM AND QUALITY ASSURANCE

TL Engineering (TLE) is a corporation recently founded in 2022, which provides consulting services in civil engineering and traffic engineering to public works and private sector clients. TLE also focuses on providing  certain  specialty  services  that  supplement  other  general  Civil  Engineering  firms,  including traffic signal design, ITS and fiber optic design, co mplete  streets design, traffic calming design, traffic signal timing and coordination, roadway lighting, pavement rehabilitation, design of pedestrian and bicycle  facilities,  ADA  compliance,  project  management,  stop/signal  warrants,  and  other  traffic engineering services.  TLE’s civil and traffic engineering expertise extends from planning to street‐level design,  and  from inception to implementation  of  projects,  including  providing  construction  support services.  TLE staff members have successfully compl
eted many corridor, roadway, and intersection
improvement projects for many cities in the Monterey County, Santa Cruz County, Santa Clara County, and Stanislaus County areas.  Below is a list of the typical services provided by TLE.

CIVIL ENGINEERING  TRAFFIC ENGINEERING
 ADA Compliant Design
 Pavement Section Calculations
 Pavement Rehabilitation Design
 General Roadway Design
 Complete Streets Design
 Storm Drainage Design
 Utility Improvements
 Caltrans encroachment permit processing
 Caltrans  PEER  /  DEER  design  oversight
processing
 Intersection geometrics
 Signing & Striping
 Traffic Signal Design & Signal Timing
 Street Lighting
 Traffic Contr
ol Plans
 ITS & fiber optic design
 At‐grade railroad crossing design
 Caltrans Intersection Control Evaluation (ICE)
 Caltrans Design Standard Decision Documents
(DSDD)
 Stop warrants
 Signal Warrants
 Speed Surveys
 LOS Analysis

Public Agency Experience
TLE’s team offers a full range of engineering services to public agencies throughout the region. Our Team is familiar with public permit processing with local jurisdictions, like the City of Ceres.  In addition, our  Team  is  also  familiar  with  permit  processing  with  larger  jurisdictions,  like  Stanislaus  County, Caltrans, and Union Pacific Railroad ( UPRR).   Our staff has extensive experience in processing projects with Caltrans, including through the encroachment permit process, the PEER / DEER process, and the PSR / PR process.  The TLE Team becomes an extension of your staff, and your projects' success defines our success.  In addition to providing on‐call civil & traffic engineering services to the City of Ce res over the past eleven years, our Team staff have also been providing these similar services to other agencies similar in size and character to Ceres.

TLE Key Team Members
Our  project  manager  for  this  project,  Leo  Trujillo,  has  been  successfully  providing  Civil  and  Traffic Engineering services to the City of Ceres since 2012.  Celina Lee will be the lead Design Engineer for the ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

project.  Ruggeri‐Jensen‐Azar (RJA), Engeo, and Hunting Environmental will be our sub‐consultants for this project.  RJA will provide services such as topographic survey, right‐of‐way (ROW) mapping, ROW acquisition & temporary construction easements.  Engeo will prepare stormwater compliance (SWPPP), as well as provide any other geotechnical engineering services that may be need ed for the project.   HE will provide environmental engineering services (if necessary) to supplement the CEQA / NEPA process, which will be completed by the City.

TLE Similar Project Experience
The TLE Team has completed numerous bikeway and pedestrian improvement projects in recent years.

Below is a list of some recent bikeway and trail projects designed by our project Team, which led to successful construction.  All listed projects were completed within the expected project schedule and the agreed upon budget.

Project Name  Client  Date  Description
Heller Drive Bike Lane
Project
University of
California Santa Cruz  2009
Design of bike lane improvements
along Heller Drive in the UCSC
campus.

Cochrane Road Bike Lane
Widening Project  City of Morgan Hill  2010
Roadway, curb, gutter, sidewalk,
ADA curb ramps, striping, & signing
improvements for pedestrians and
bicyclists. Caltrans encroachment
permit obtained.

Carmel River School SRTS
Improvements
Carmel Unified
School District  2011
Roadway, curb, gutter, sidewalk,
ADA curb ramps, striping, & signing
improvements for pedestrians and
bicyclists.

Madrone Channel
Pedestrian & Bike Trail
Project
City of Morgan Hill  2012
Design of shared use Class I bike /
pedestrian trail adjacent to the
SCVWD channel.

Middlefield / Oak Grove
Complete Streets Project  Town of Atherton  2018
Design of pedestrian and bicycle
improvements adjacent to the
Menlo‐Atherton High School; green
bike lanes, shared use path, ADA
curb ramps.

Charleston East Project  City of Mountain
View  2022
Roadway widening, curb, gutter,
sidewalk, ADA curb ramps, CL II bike
lanes, 2‐way cycle tracks, protected
intersections, & protected bike
lanes.

ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

Morgan Road Safe Routes
to School & Pavement
Rehabilitation Project
City of Ceres  2022
Roadway, curb, gutter, sidewalk,
ADA curb ramps, striping, & signing
improvements for pedestrians and
bicyclists.

Quality Assurance & Quality Control
Quality control is an on‐going process that starts at the task scoping, budgeting, and scheduling phase.

It continues during the communication of the project assignment phase and progresses on a daily basis when the various staff members assigned to the project check each other’s work. QA/QC takes place again prior to any submittal to the re viewing agency. Either the Project Manager (PM), or someone assigned by the PM, will perform a review of the documents being prepared.

The  following  discussion  highlights  the  proven  management  approach  that  the  TLE  Team  will implement throughout the duration of the project.  Keys to producing a quality project include pursuing the work as an extension  of City staff with continuous coordination, having an aggressive proactive approach to agency coordination, and accepting responsibility and ownership of the proje ct. The extent and amount of Management Control can be adjusted to meet the needs of the City.

Project Understanding/Site Reconnaissance
Our design team researches local standards, requirements, and design preferences before beginning any  project,  and  we  work  directly  with  the  responsible  government  agencies,  maintaining  frequent communication  throughout  the  design  process.  A  very  important  component  of  our  design  kick‐off effort involves conducting field reviews, collecting relevant project data, and collecting the owner/user input concerning existin
g deficiencies and goals for the project. The knowledge gained in this step is imperative to efficiently producing  a timely and quality product that meets the agency’s and users’ needs.

Work Plans
The overall scope of work is broken down into individual work tasks that have identifiable end products and  can be  assigned specific dollar values.  Work  tasks  are  organized  into  a  logical  work  sequence; which are then rolled up into a master flow chart for the project. Tying the performance of discrete work tasks to budgets and schedules, then tracking progress on these tas ks, results in proactive control
of both costs and schedules on projects of any size. A contract between TLE and our subconsultants (if necessary) will include work plans which link each subconsultant’s compensation for the work items and the respective id entified milestones.

Administrative Control
Delegation  of  authority  for  initiating  work  and  incurring  costs  is  key  in  the  administrative  control process.  Authorization to commence work is a formal and documented step for any project that applies to all TLE team members.
 Costs for work units are tracked by in‐house computerized management information system and are monitored by the Project Manager on regular basis to me asure technical performance relative to budget and schedule.

ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

 Maintenance  of  a  complete  data  file  and  accurate  records  of  project  decisions.  All correspondence is transmitted through the Project Manager, so that corrective action can be taken immediately if a situation occurs that may impact project cost or schedule.  Progress Reports are prepared monthly, or on a schedule preferred by the client, an d include work completed, progress relative to the schedule, upcoming work, and developing issues that may affect scope, schedule, or budget. Any changes in estimated construction costs are also identified.

QA/QC Program Administration
Development  of  a  project  specific  QA/QC  Plan  and  a  formal  adherence  to  this  plan  is  a  necessary element in providing a quality project that remains on schedule and within budget. The QC activity will be  a  budgeted  work  plan  element  for  every  submittal  and  deliverable  and  reviews  will  be  by experienced senior‐level staff. QA/QC requirements are equally enforc ed on all subconsultants’ work.

ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

SECTION 3 – PROJECT WORK PLAN AND SCHEDULE

According to the City's RFP, this project will include the installation/extension of a new Class I bike path along Hatch Road from Eastgate Blvd to Faith Home Road (approximately 0.3‐mile stretch).  The project will include twelve feet of AC with AB shoulders, striping, markers, signage, bollards, lighting, safety fencing,  and  minor  drainage  improvements.  The  new  bike  path  will  be  locat ed  on  the  bank  of  the Turlock Irrigation District (TID) canal and will be adjacent to a private ranch.  The right‐of‐way (ROW) available for a bike path has not been confirmed yet, and the City of Ceres and TID will need to neg otiate an  agreement  to  allow  this  project  to  proceed.  Our   Team  will  support  the  City  with  technical information and land surveying reports to complete the potential agreement.

It is assumed that the bike path will not extend across any existing roadways, including Eastgate Blvd and  Faith  Home  Road.   Instead,  it  is  expected  that  path  users  (pedestrians  &  bikers)  will  use  the signalized crosswalk at the Eastgate Blvd / Hatch Rd intersection to cross the street.

Our Project Team is well‐versed with the design of bikeway improvements.  The TLE Team knowledge necessary to address these issues comes from experience of not only bikeway projects, but also a vast list of Civil & Traffic Engineering projects that have components relevant / similar to those encountered in bikeway pr ojects.   This knowledge and experience will be used to provide the City with a project that is well designed to meet the City's expectations and requirements.

TASK 1  PROJECT MANAGEMENT & COORDINATION

TLE will provide general coordination with City staff and the project sub‐consultants as necessary.

TLE will participate in individual phone calls, team conference calls, and email correspondence as necessary  to  discuss  and  resolve  project  issues.  This  task  also  includes  time  for  four  (4)  live meetings.  One will be the project kick‐off meetin g, which will take place at the onset of the project.

The second meeting will take place at a point during the design process when the City deems it necessary or convenient for design review and/or issue resolution.  The  additional two meetings are expected to take place with TID staff to disc uss bike path alignment, clearance from TID canal, and possible exceptions to current TID clearance requirements, as explained in Task 5.1.  TLE staff will prepare meeting minutes for the live meetings.  The meeting minutes will be shared with City staff and TLE will revise the minutes based on f eedback  from the City.  Our Team will also prepare a project schedule, which will include each task, milestones, critical path designation, and progress meeting/reporting.  TLE will also prepare brief monthly progress reports, which will be submitted to the City along with the monthly invoicing.  Our Team will coordinate with City staff and the local utility co
mpanies which have utility facilities within the project limits.  The goal will be to collect all available information that may be useful for the project design.  This  information will be used to compile the existing conditions base map, as described in Task 2.

Deliverables:
 Meeting minutes
 Project Schedule
 Monthly invoicing and progress report
ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

TASK 2  RIGHT‐OF‐WAY ASSISTANCE, TOPOGRAPHIC SURVEY, AND BASE MAPPING

The project area is limited to the following street segment:

1. Hatch Road (adjacent to TID channel): Eastgate Boulevard to Faith Home Road

Using the City's horizontal and vertical control system, our Team will provide ground survey and base  map  production  to  provide  sufficient  information  to  design  the  proposed  bikeway improvements. Our Team will provide field  survey within the project area and office support to obtain horizontal and vertical  information within the vicinity of the project.  Our  Team  will al so coordinate with TID to obtain accurate ROW information. Once the field work is completed, our Team will reduce the information using Civil 3D software.

Our Team will prepare plat and legal descriptions for right‐of‐way or easement dedication along the trail alignment with exclusions to assist the City with any property, easement or right‐of‐way acquisition or agreements, preparation of grant deeds, and processing or recording of documents.

The deliverable products for this task will be for up to 3 plat and legal descriptions for right‐of‐way or  easement  dedication  along  the  trail  alignment  and  an  existing  conditions  base  map  with appropriate elevation points, contours, visible utilities (drain inlets, drain manholes, sanitary sewer manholes, water valves, water meters, gas valves, survey monuments, etc.), TI D channel limits, and limits  of  roadway  pavement.  The  utility  facility  information  collected  under  Task  1  will  also  be included in the existing condition base map.

Deliverables:
 Existing Conditions Base Map (Auto CAD / Civil 3d)
 Up to 3 plat and legal descriptions for right‐of‐way or easement dedication

TASK 3  ENVIRONMENTAL COMPLIANCE & GEOTECHNICAL INVESTIGATION

As  mentioned  in  the  City's  RFP,  the  City  will  lead  Caltrans  communication  and  clear  the  project through  CEQA/NEPA  (if  required),  Right‐of‐Way  Certification,  and  Authorization  to  Proceed  to construction.  If additional environmental  documents  are  needed  for the  project,  our  Team  will prepare a scope and fee proposal as necessary to be included as a contrac t amendment.

Our Team will develop a project‐specific Stormwater Pollution Prevention Plan (SWPPP) and Best Management Practices (BMP's) to comply with the Construction General Permit.

The City's RFP mentions that if any geotechnical evaluation is necessary, the Consultant Team will perform the necessary services.  The cost for any geotechnical investigations will be provided on a per task basis.

Deliverables:
 SWPPP (including BMP's)
 Environmental assistance (as requested)
 Geotechnical investigations (as requested)

ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

TASK 4  RESEARCH & DOCUMENT REVIEW

Our Team will review the available project data collected under Tasks 1 & 2, including roadway as‐ built plans, topo survey base map, right‐of‐way maps, utility base maps, and any other documents available for the project.  Once  all the existing information has been obtained and reviewed, our Team will conduct a field reconnaissance to review the condition of the site and verify the location of all surface utility fa
cilities within the project limits.  This  information will be documented, and the existing conditions base map will be updated accordingly.

During the field reconnaissance, our Team will also identify any items that may cause concern for the proposed bike path improvements (e.g. potential drainage low point, utility conflicts, etc.).  The information for these items will also be recorded and incorporated into the design plans.

Deliverables:
 Updated existing conditions base map
 List of areas of concern

TASK 5  DESIGN SERVICES

Our  Team  will  prepare  construction  documents,  including  Plans,  Technical  Specifications,  and Engineer's Estimate of Probable Cost (PS&E) for the bikeway improvements.  The design plans will include existing condition features, as well as the proposed improvements, including the following:
 CL I Bike Path improvements
 Utility features to be protected or adjuste d  as necessary  Signing & striping improvements for the new bike path facility

The sub‐tasks below cover the design services for this project:

TASK 5.1: Conceptual Layout
TLE will prepare a conceptual layout of the CL I bike path improvements along the project segment.

The layout will identify key elements of the design, including the following:

 Location of bike path with respect to the TID right‐of‐way line  Distance from the proposed bike path to the existing TID canal  Specific safety features proposed for the bike path (e.g. signage, fencing, lighting, etc.)

The conceptual layout will be primarily used for coordination with TID.  City staff inf ormed us that TID has recently updated their clearance requirements, so now a longer distance is required from the bike path to the TID canal.  This new clearance requirement will likely push the bike path outside of the TID right‐of‐way.  TLE, together with City staff, will request that TID allow an exc eption for this project, so that the new bike path can be constructed entirely within TID right‐of‐way.

Deliverables:
 Conceptual Layout

ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

TASK 5.2: 30% Design Plans
TLE will prepare preliminary design plans for the CL I bike path improvements along the project segment, including bike path paving, signing, and striping.  The 30% plans will be submitted to the City for initial review and comment.

Deliverables:
 30% Plans

TASK 5.3: 60% Design Documents
Upon receipt of City comments from the previous submittal, TLE will make all appropriate revisions and prepare a set of Draft (60%) Design Documents.  The draft documents will include construction drawings  for  the  bike  path  improvements,  technical  specifications/special  provisions,  and engineer’s opinion of probable construction cost.  The following is a list of plans that is anticipate d for this project:
 Title Sheet
 Existing Conditions Plan (1 Sheet)
 Signing & Striping Plan (1 Sheet)
 Paving, Lighting, & Details Plan (1 Sheets)

Traffic Control Plans (TCP) will not be prepared as part of the plan preparation.  Instead,  detailed specifications will be included regarding the Contractor's responsibility to provide adequate traffic control measures for public safety and convenience to the general public.  Coordination  with City staff  will  be  maintained  throughout  the  preparation  of  the  draft  documents.  The  City  typically provides  plan  check  co
mments  in  table  format  or  in  plan‐check  redline  format,  and  expects consultants to respond to each comment.  As such, TLE will prepare response to comments (R2C) to explain how each City comment from the previous submittal was addressed.   The Draft PS&E, along with the R2C document, will be submitted to the Cit y for review and comment.

Deliverables:
 60% PS&E
 Response to comments

TASK 5.4: 100% Design Documents
Upon receipt of City comments from the previous submittal, TLE will make all appropriate revisions and prepare a set of Final (100%) Design Documents.  The final documents will include construction drawings  for  bikeway  improvements,  technical  specifications/special  provisions,  and  engineer’s opinion  of  probable  construction  cost.  The  Final  PS&E,  along  with  the  R2C  document,  will  be submitted to the City for review and approval.

Deliverables:
 100% PS&E
 Response to comments

TASK 6  CONSTRUCTION DOCUMENTS & ENGINEERING SERVICES

Upon request by the City, TLE will provide bidding and construction support services including any of the following:

ITEM 9

CITY OF CERES: HATCH RD CLASS I BIKE PATH: PHASE V

Tasks & Deliverables:
 Prepare addenda during the advertising period
 Provide clarification to RFI's during the bid & construction process  Review & comment on Contractor's equipment submittal packages  Resolve any design errors and provide the necessary documentation  Review Contractor change orders and assist in preparation of updated plans as necessary  Attend up to two site visits during construction
 Provide con
struction staking for the Contractor
 Prepare  Record  Drawings  showing  appropriate  record  information  based  on  project annotated record documents received from the Contractor

It should be noted that, at this point, it is difficult to budget items for construction support services, especially for construction staking.  The hours/budget included for this task is simply an estimate of expected time that will be necessary and should be considered an allowance for the task.  Actual time/budget may need to be adjust ed as services are requested by City staff.

ANTICIPATED PROJECT SCHEDULE
HATCH ROAD CLASS I BIKE PATH: PHASE V

SECTION 4 – COST PROPOSAL AND FEE SCHEDULE
Included in a separately sealed envelope, as requested in the City's RFP. 123456789 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 3 1 3 2 3 3 3 4 3 5 3 6 3 7 3 8 1 Project Management & Coordination
2 Topo Surveying & Base Mapping
3 Env. Compliance & Geotech Investigation
A. Environmental Services (upon City request)
B. SWPPP & BMP
C. Geotech Investigation (upon City request)
4 Research & Document Review

5.1 Conceptual Layout & Coord w/ TID

5.2 30% Design Plans

CITY REVIEW

5.3 60% Design Documents

CITY REVIEW

5.4 100% Design Documents

CITY REVIEW & APPROVAL
6 Bidding & Construction Support
Mar, 24 Apr, 24
Week No. Week No.

AS NECESSARY DURING BIDDING & CONSTRUCTION STAGES
Feb, 24 May, 24
Week No. Week No. Week No. Week No. Week No. Week No. Week No.Project Work Task Sep, 23 Oct, 23 Nov, 23 Dec, 23 Jan, 24
ITEM 9
SCOPE OF SERVICE ITEM Pricipal Senior Associate Total Total Engineer Engineer Engineer Surveying Geotech Hour Fee
$230 $200 $180 RJA Engeo
1 Pro ject Management & Coordination 24 6 30 $6,720
2T o pographic Survey & Base Mapping 2 21,890$ 2 $22,350 3 Environmental Com pliance & Geotech Investigation
A. Environmental Services (upon City request)
B. SWPPP & BMP 11,000$ $11,000
C. Geotech Investigation (upon City request)
4 Research & Document Review
A. Collect & Review Project Data 4 2 6 $1,320
B. Field Reconnaissance 6 6 $1,380
C. Update Base Map 4 4 $920

5.1 Conce ptual Layout 8 12 20 $4,240

5.2 30% Desi gn Plans
A. Title Sheet 2 4 6 $1,260
B. Existing Conditions Plan 2 4 6 $1,260
C. Signing & Striping Plan 4 8 12 $2,520
D. Paving, Lighting, & Details Plan 8 16 24 $5,040
E. Technical Specifications (@ 60%)
F. Engineer's Estimate of Probable Cost (@ 60%)

5.3 60% Desi gn Documents
A. Title Sheet 1 2 3 $630
B. Existing Conditions Plan 1 2 3 $630
C. Signing & Striping Plan 2 6 8 $1,660
D. Paving, Lighting, & Details Plan 6 8 14 $2,980
E. Technical Specifications 12 12 $2,760
F. Engineer's Estimate of Probable Cost 2 2 4 $860
G. Response to Comments 2 2 $460

5.4 100% Desi gn Documents 12 10 22 $4,760
6 Biddin g & Construction Support
A. Engineering Services 8 4 12 $2,640
B. Construction Staking (up to 1 full day) 3,397$ $3,397 C. Prepare Record Drawings 8 4 12 $2,640
Total Hours : 118 90 0 208
Staff Expenses : $27,140 $18,000 $0 $25,287 $11,000 $81,427 REIMBURSABLES Travel Expenses : $423
Printing, Shipping, etc. :

Total Costs : $81,850

PROPOSAL FEE ESTIMATE
HATCH RD CLASS I BIKE PATH: PHASE V

CERES, CALIFORNIA
August 4, 2023

SUB-CONSULTANT
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: August 28, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Kevin Waugh, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2023-XXX, Awarding the Construction Contract for Smyrna Park Improvement Project to McFadden Construction Inc., Authorizing 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 Smyrna Park Improvement Project to McFadden Construction Inc. in the amount of $ 2,800,881.35, a 10% contingency, a budget amendment and authorized the Interim City Manager to execute the contract.

I. BACKG
ROUND:

The Clean California Local Grant Program (CCLGP) is a competitive statewide program, administered by the California Department of Transportation (Caltrans) to provide $296 million as a part of a two- year program to beautify and improve local streets and roads, tribal lands, parks, pathways, transit centers and other public spaces. In March 2022, the City of Ceres was notified of the award of the grant for the Smyrna Park Improvement s Project (Project). The Project goals are to create and enhance areas to increase safety for park users, provide more community gathering space, provide users better access and view of the park’s amenities. Major enhancements include accessible pathways to/and within the park , safe vehicle, and pedestrian circulation, increase covered and shade areas for event gatherings.

In August 2022, Caltrans issued the City a notice to proceed for the Project. After solicitation for the design services, a contract was awarded to O’Dell Engineering to provide plans and specifications for the Project. In early June 2023, O’Dell completed the Smyrna Park Improvements design plans and specifications . The Bid for construction of the Project was first solicited on June 7, 2023. With one (1) bid received, staff re-solicited the Project on July 7, 2023. Project delivery has been a priority for staff to ensure design ITEM 10
and construction adheres to the grant deadlines. With the second bid solicitation, this City intents to monitor the construction schedule closely.

II. RE ASONS FOR RECOMMENDATIO N:

The CCLGP requires strict use of funds. As part of the Grant Agreement, the Project must be completed and open to the public, and all project funds must be expended by June 30, 2024. Project reporting to Caltrans is due by November 1, 2024.

The City received three bids on August 10, 2023. After staff reviewed the bids, McFadden Construction, Inc. was the lowest responsible bidder based upon the Total Base Bid plus Alternative 6 (Driveway) in the amount of $2,800,881.35. To address any changes to the contract and potential unforeseen conditions, a 10% contingency of $280,088.14 will be added to the funding request, resulting in a total amount for construction at $3,080,969.50. The bid tabulation with the detailed comparison of the bid results are presented in Attachment C.

Based on the City staff’s review of the bids, other improvements for the Project listed under the Additive Alternates with be withdrawn from the current scope. Playground and intersection improvements will be solicited in a separate construction bid this fiscal year.

Construction is scheduled to begin in September 2023.

III. F
ISCAL IMPACTS :

The Project construction was included and programmed in Fiscal Year 2023/24 - Capital Improvement Plan (CIP) in account number 268.95.800500 for $2,610,161.00.

Construction support is estimated to be $150,000.00, includes but is not limited to, Geotechnical Services and Material & Structural Testing. With estimated construction support, the total contract amount for Project (with contingency) is in the amount of $3,230,969.50.

American Rescue Plan Act (ARPA) 1st installment funds were earmarked but still need to be appropriated and will require an amendment to the budget in the amount of $410,380.00 to account number 219.95.800500.

American Rescue Plan Act (ARPA) 2
nd installment funds were appropriated in the amount
of $892,624.04 under the Resolution No. 2023– 107 dated August 14, 2023, under account number 219.95.800500. Future playground and intersection Improvements will be partially funded by the balance of the 2nd installment fund earmarked for Smyrna Park.

IV. E XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

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

V. P OLICY 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 . These actions will jeopardize the project construction timeline and will risk the City from receiving CCLGP funds.

ITEM 10
VI. INTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. P UBLIC PARTICIPATION:

The City provided outreach engagement during the project design to solicit community feedback on the Project improvements. This included several public events and surveys posted on the City’s website for public feedback . During construction t he 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. EN
VIRONMENTAL REVIEW :

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

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract with McMadden Construction Inc., 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 – Proposal and Agreement
ITEM 10
ITEM 10

ATTACHMENT A

RESOLUTION NO. 2023-XXX

AWARDING THE CONSTRUCTION CONTRACT FOR SMYRNA PARK
IMPROVEMENT PROJECT TO MCFADDEN CONSTRUCTION INC.,
AUTHORIZING A 10% CONTINGENCY, A BUDGET AMENDMENT,

AND THE INTERIM CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, proposals for the construction contract for Smyrna Park Improvement Project were due August 10th, 2023; and

WHEREAS, the lowest responsive and responsible bid was received from McFadden Construction, Inc. in the amount of $2,800,881.35; and

WHEREAS, a construction contingency in the amount of 10% or $280,088.14 is necessary and appropriate to accommodate any unforeseen costs bringing the total construction authorization to $3,080,969.50; and

WHEREAS, it is estimated that $150,000.00 will be needed for construction support which includes Geotechnical Services and Material & Structural Testing; and

WHEREAS, the Construction for Smyrna Park Project Improvements is schedule to be completed by May 1, 2024; and

WHEREAS, Smyrna Park Project I mprovements must be completed by June 30, 2024, to meet the grant requirements; and

WHEREAS, the Smyrna Park Improvement was programmed in the Capital Improvement Budget in account numbers and corresponding amounts . 268.95.8005 in the amount of $2,610,161.00; and

WHEREAS, a budget amendment appropriating American Rescue Plan Act (ARPA) 1
st installment funds in the amount of $410,380.00, is necessary for local match.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby award the construction contract for Smyrna Park Improvement Project to McFadden Construction Inc., authorizes 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 28
th day of August 2023, by the following vote:

ITEM 10

ATTACHMENT A

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10

ATTACHMENT B

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2023- , dated August 28, 2023 authorizing appropriations for the Construction Management Service Contract Amendment as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
ARPA 219 19 800500 $410,380.00

Requested Appropriation $410,380.00
2023 - 2024 Current Appropriation $2,610,161.00
Total Appropriation $3,020,541

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

Total Estimated Revenue
2023 - 2024 Current Estimated Revenue
Total Estimated Revenue

Fiscal Impact:

ITEM 10
ITEM 10
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 Site Preparation (Clearing, Grubbing, Disposal, and
Sawcutting) LS 1 $33,526.15 $33,526.15 $140,000.00 $140,000.00 $96,915.00 $96,915.00 $100,000.00 $100,000.00 2 Tree Protection LS 1 $5,000.00 $5,000.00 $12,000.00 $12,000.00 $4,340.00 $4,340.00 $7,000.00 $7,000.00 3 Tree Removal EA 16 $2,000.00 $32,000.00 $1,015.00 $16,240.00 $935.94 $14,975.04 $900.00 $14,400.00 4 Remove Existing Abandoned Restroom Building LS 1 $30,000.00 $30,000.00 $14,000.00 $14,000.00 $21,110.00 $21,110.00 $16,000.00 $16,000.00 5 Temporary Construction Fencing LF 3,310 $5.00 $16,550.00 $8.00 $26,480.00 $7.71 $25,520.10 $10.00 $33,100.00 6 Temporary Erosion & Sediment Control LS 1 $25,000.00 $25,000.00 $20,000.00 $20,000.00 $29,300.00 $29,300.00 $40,000.00 $40,000.00 7 Site Grading (Rough & Fine) LS 1 $119,736.00 $119,736.00 $250,000.00 $250,000.00 $161,780.00 $161,780.00 $320,000.00 $320,000.00 8 1” Water Line for Drinking Fountain LF 289 $29.00 $8,381.00 $10.00 $2,890.00 $34.81 $10,060.09 $30.00 $8,670.00 9 Pavement (HMA) for Parking Lot & Drive Aisles SF 26,055 $10.00 $260,550.00 $6.00 $156,330.00 $5.85 $152,421.75 $6.00 $156,330.00 10 Pavement (HMA) for Pathways SF 6,807 $10.00 $68,070.00 $6.60 $44,926.20 $9.72 $66,164.04 $8.00 $54,456.00 11 Biotreatment Area SF 1,415 $10.00 $14,150.00 $11.00 $15,565.00 $14.02 $19,838.30 $20.00 $28,300.00 12 Signage & Striping LS 1 $10,000.00 $10,000.00 $21,895.00 $21,895.00 $23,510.00 $23,510.00 $22,160.00 $22,160.00 13 6” Vertical Curb LF 1,276 $35.00 $44,660.00 $58.00 $74,008.00 $49.12 $62,677.12 $32.00 $40,832.00 14 4.5” Rolled Curb LF 12 $35.00 $420.00 $100.00 $1,200.00 $62.50 $750.00 $200.00 $2,400.00 15 Concrete Wheel Stops EA 51 $300.00 $15,300.00 $120.00 $6,120.00 $128.82 $6,569.82 $125.00 $6,375.00 16 6” Thick Reinforced Concrete Flatwork SF 3,853 $25.00 $96,325.00 $17.00 $65,501.00 $25.40 $97,866.20 $26.00 $100,178.00 17 6” Thick Reinforced Concrete Flatwork (Colored) SF 2,563 $27.00 $69,201.00 $23.00 $58,949.00 $25.54 $65,459.02 $28.00 $71,764.00 18 4” Concrete Flatwork SF 2,929 $18.00 $52,722.00 $15.25 $44,667.25 $17.33 $50,759.57 $18.00 $52,722.00 19 4” Concrete Flatwork (Colored) SF 18,834 $20.00 $376,680.00 $13.50 $254,259.00 $14.00 $263,676.00 $18.00 $339,012.00 20 9” Wide Concrete Band LF 306 $30.00 $9,180.00 $80.00 $24,480.00 $42.91 $13,130.46 $24.00 $7,344.00 21 12”Wx24”T Concrete Seat Walls at Plaza LF 182 $180.00 $32,760.00 $300.00 $54,600.00 $416.92 $75,879.44 $520.00 $94,640.00 22 ADA Ramps EA 13 $750.00 $9,750.00 $3,500.00 $45,500.00 $4,868.08 $63,285.04 $1,300.00 $16,900.00 23 Vinyl Privacy Slats for C.L. Fence & Gates LF 583 $30.00 $17,490.00 $78.00 $45,474.00 $83.76 $48,832.08 $80.00 $46,640.00 24 8’Tx16’ CLR C.L. Roll Gate - Automated EA 1 $10,000.00 $10,000.00 $22,612.00 $22,612.00 $30,390.00 $30,390.00 $38,000.00 $38,000.00 25 8’Tx6’ CLR C.L. Swing Gate EA 1 $3,000.00 $3,000.00 $4,258.00 $4,258.00 $4,890.00 $4,890.00 $4,400.00 $4,400.00 26 8’T C.L Fence LF 36 $150.00 $5,400.00 $163.00 $5,868.00 $155.14 $5,585.04 $148.00 $5,328.00 27 City Std Removable Bollards EA 11 $800.00 $8,800.00 $1,485.00 $16,335.00 $1,610.91 $17,720.01 $1,500.00 $16,500.00 28 City Std Fixed Bollards EA 8 $800.00 $6,400.00 $1,155.00 $9,240.00 $1,248.13 $9,985.04 $1,100.00 $8,800.00 29 Angular Landscape Boulders LS 1 $10,000.00 $10,000.00 $22,372.00 $22,372.00 $24,020.00 $24,020.00 $23,000.00 $23,000.00 30 Relocated City Park Entry Sign LS 1 $2,000.00 $2,000.00 $8,000.00 $8,000.00 $6,190.00 $6,190.00 $1,500.00 $1,500.00 31 Custom Lions Club Plaque LS 1 $5,000.00 $5,000.00 $9,000.00 $9,000.00 $7,390.00 $7,390.00 $1,500.00 $1,500.00 32 Drinking Fountain (includes Sump) EA 1 $12,000.00 $12,000.00 $11,000.00 $11,000.00 $11,710.00 $11,710.00 $11,000.00 $11,000.00 33 Concrete Group BBQ, #3001AG EA 2 $5,245.00 $10,490.00 $6,267.60 $12,535.20 $4,930.00 $9,860.00 $5,000.00 $10,000.00 34 Concrete Family BBQ, #300A EA 4 $1,350.00 $5,400.00 $2,310.95 $9,243.80 $1,430.00 $5,720.00 $1,500.00 $6,000.00 35 Concrete Std Picnic Tables, #100SSK EA 27 $1,365.00 $36,855.00 $2,206.64 $59,579.28 $1,384.44 $37,379.88 $1,500.00 $40,500.00 George Reed
Modesto, CA
Sinclair Construction Inc
Stockton, CA Oakdale, CA
Engineer's Estimate McFadden Contruction Inc.

SMYRNA PARK IMPROVEMENTS
#CCL-5241(078) (P22-08)

BASE BID TABULATION SHEET
BID DUE: AUGUST 10TH, 2023 at 3:30 PM
1 of 4
Attachment C
ITEM 10
George Reed
Modesto, CA
Sinclair Construction Inc
Stockton, CA Oakdale, CA
Engineer's Estimate McFadden Contruction Inc.

SMYRNA PARK IMPROVEMENTS
#CCL-5241(078) (P22-08)

BASE BID TABULATION SHEET
BID DUE: AUGUST 10TH, 2023 at 3:30 PM
36 Concrete Accessible Picnic Tables, #100SKRE EA 10 $1,415.00 $14,150.00 $2,367.70 $23,677.00 $1,390.00 $13,900.00 $1,600.00 $16,000.00 37 Concrete Square Court Tables, #100S EA 5 $2,060.00 $10,300.00 $2,776.20 $13,881.00 $1,870.00 $9,350.00 $2,100.00 $10,500.00 38 Concrete Accessible Square Court Tables, #100AC EA 2 $2,270.00 $4,540.00 $3,085.30 $6,170.60 $1,975.00 $3,950.00 $2,200.00 $4,400.00 39 Concrete Backed Benches, #408SK EA 4 $2,800.00 $11,200.00 $1,892.95 $7,571.80 $1,200.00 $4,800.00 $1,500.00 $6,000.00 40 Concrete Backless Benches, #420SK EA 10 $2,630.00 $26,300.00 $2,857.50 $28,575.00 $3,318.00 $33,180.00 $2,600.00 $26,000.00 41 Concrete Trash Receptacles, #507 EA 14 $1,670.00 $23,380.00 $1,869.73 $26,176.22 $1,399.29 $19,590.06 $2,000.00 $28,000.00 42 Concrete Recycling Receptacles, #507R EA 14 $1,870.00 $26,180.00 $2,046.73 $28,654.22 $1,573.21 $22,024.94 $2,000.00 $28,000.00 43 Tube Circular Bike Racks EA 10 $1,000.00 $10,000.00 $584.41 $5,844.10 $689.00 $6,890.00 $1,250.00 $12,500.00 44 30’x75’ Large Shade Structure at Plaza LS 1 $202,000.00 $202,000.00 $205,000.00 $205,000.00 $220,260.00 $220,260.00 $245,000.00 $245,000.00 45 22’x23’ Square Shade Sails LS 1 $51,000.00 $51,000.00 $49,874.00 $49,874.00 $58,690.00 $58,690.00 $50,000.00 $50,000.00 46 Trash enclosure – Double Bin (City Std) EA 2 $50,000.00 $100,000.00 $40,000.00 $80,000.00 $45,465.00 $90,930.00 $38,000.00 $76,000.00 47 Site Lighting EA 25 $11,000.00 $275,000.00 $8,200.00 $205,000.00 $8,804.80 $220,120.00 $8,300.00 $207,500.00 48 Security Camera System LS 1 $49,500.00 $49,500.00 $35,000.00 $35,000.00 $37,580.00 $37,580.00 $35,500.00 $35,500.00 49 EV Charger Installation LS 1 $32,000.00 $32,000.00 $40,000.00 $40,000.00 $42,950.00 $42,950.00 $41,000.00 $41,000.00 50 Electrical Reconnection of Corp Yard & Restroom
Building Along with Relocation of Existing
Electrical Equipment
LS 1
$68,000.00 $68,000.00 $90,000.00 $90,000.00 $96,640.00 $96,640.00 $90,000.00 $90,000.00 51A Wayfinding Signs A, B, & C (Post Mounted) EA 5 $10,000.00 $50,000.00 $475.00 $2,375.00 $550.00 $2,750.00 $500.00 $2,500.00 51B Wayfinding Signs D (Post Mounted) EA 1 $10,000.00 $10,000.00 $475.00 $475.00 $550.00 $550.00 $475.00 $475.00 52 Park Panel Signs (Wall Mounted) EA 2 $800.00 $1,600.00 $375.00 $750.00 $435.00 $870.00 $380.00 $760.00 53 Park Panel Signs (Post Mounted) EA 34 $800.00 $27,200.00 $475.00 $16,150.00 $550.00 $18,700.00 $480.00 $16,320.00 54 Lions Club Signs (Shade Structure Mounted) LS 1 $4,000.00 $4,000.00 $4,500.00 $4,500.00 $5,210.00 $5,210.00 $4,550.00 $4,550.00 55 Kiosk Entry Sign EA 1 $17,165.00 $17,165.00 $18,610.26 $18,610.26 $18,690.00 $18,690.00 $20,000.00 $20,000.00 56 Custom Artwork at Skatepark (Prepare & Seal) ALLOW 1 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00 57 Custom Artwork at Skatepark (Materials) ALLOW 1 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $16,000.00 58 Custom Artwork on Plaza Seat Walls (Prepare &
Seal) LS 1 $7,000.00 $7,000.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $2,500.00 $2,500.00 59 Custom Artwork on Plaza Seat Walls (Materials) ALLOW 1 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 60 Soil Preparation and Amendment SF 36,499 $0.50 $18,249.50 $0.28 $10,219.72 $0.30 $10,949.70 $1.00 $36,499.00 61 1 Gallon Shrubs EA 497 $20.00 $9,940.00 $21.00 $10,437.00 $22.55 $11,207.35 $21.00 $10,437.00 62 5 Gallon Shrubs EA 222 $35.00 $7,770.00 $44.00 $9,768.00 $47.25 $10,489.50 $44.00 $9,768.00 63 15 Gallon Trees EA 100 $200.00 $20,000.00 $225.00 $22,500.00 $241.59 $24,159.00 $230.00 $23,000.00 64 Tree Root Barriers LF 994 $12.00 $11,928.00 $13.80 $13,717.20 $14.82 $14,731.08 $14.00 $13,916.00 65 Top Dressing – Decorative Bark Mulch 3” Min
Depth SF 15,365 $0.85 $13,060.25 $0.80 $12,292.00 $0.86 $13,213.90 $0.80 $12,292.00 66 Sod Turf – Renovation at Edge of New Construction LS 1 $33,823.50 $33,823.50 $6,120.00 $6,120.00 $6,570.00 $6,570.00 $30,000.00 $30,000.00 67 Mortared Cobble at Curb Cuts SF 60 $20.00 $1,200.00 $28.00 $1,680.00 $30.07 $1,804.20 $30.00 $1,800.00 68 Landscape Maintenance Establishment Period (180
Days) LS 1 $9,500.00 $9,500.00 $10,882.00 $10,882.00 $11,685.00 $11,685.00 $12,000.00 $12,000.00 69 Irrigation System – RWS EA 200 $135.00 $27,000.00 $68.00 $13,600.00 $73.02 $14,604.00 $70.00 $14,000.00 70 Irrigation System – Low Flow Bubblers SF 15,365 $2.25 $34,571.25 $3.30 $50,704.50 $3.54 $54,392.10 $3.00 $46,095.00 71 Turf Rotors – Renovation at Edge of New
Construction LS 1 $45,098.00 $45,098.00 $6,411.00 $6,411.00 $6,880.00 $6,880.00 $6,500.00 $6,500.00 2 of 4
ITEM 10
George Reed
Modesto, CA
Sinclair Construction Inc
Stockton, CA Oakdale, CA
Engineer's Estimate McFadden Contruction Inc.

SMYRNA PARK IMPROVEMENTS
#CCL-5241(078) (P22-08)

BASE BID TABULATION SHEET
BID DUE: AUGUST 10TH, 2023 at 3:30 PM
72 Relocated Irrigation Controller LS 1 $10,000.00 $10,000.00 $5,100.00 $5,100.00 $5,476.00 $5,476.00 $5,200.00 $5,200.00 73 Mobilization/ Demobilization (Max 5%) LS 1 $135,092.20 $135,092.20 $30,000.00 $30,000.00 $59,520.00 $59,520.00 $120,000.00 $120,000.00 74 Removal and Dispose of all Hazardous
Materials (Allowance) ALLOW 1 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 75 Relocated Existing Fire Hydrant EA 1 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $24,840.00 $24,840.00 $14,000.00 $14,000.00 $2,930,543.85 $2,755,843.35 $2,815,805.87 $3,086,763.00 ALT 1 PLAYGROUND $313,500.00 $283,000.00 $178,000.00
ALT 2 MOFFETT/FOWLER $155,805.00 $122,343.00 $170,218.50 ALT 3 FOWLER/ROSE $247,404.00 $161,723.00 $225,498.00
ALT 4 MOFFETT/GARRISON $115,396.00 $88,615.00 $134,906.50 ALT 5 ROSE/GARRISON $140,160.00 $109,619.00 $166,575.00 ALT 6 Driveway $45,038.00 $54,271.00 $42,965.00
TOTAL $1,017,303.00 $819,571.00 $918,163.00
BASE + ALL ALT $3,773,146.35 $3,635,376.87 $4,004,926.00 BASE + ALT 6 $2,800,881.35 $2,870,076.87 $3,129,728.00

BASE BID:

SUB-CONTRACTORS:

CVE Demolition Inc., Chrisp Company,
Goldern Bay Fence, Artificial Turf,
Collins Electric, Pengilly Masonry Inc.

CVE Demolition Inc., Chrisp Company,
Goldern Bay Fence, Artificial Turf,
Collins Electric, Southern Hemisphere
Shades Inc
MCI Engineering Inc., Chrisp Company,
Park Planet, Miracle Play, Southern
Hemisphere Shades, Golden Bay Fence,
Collins Electric, and Artificial Turf
3 of 4
ITEM 10
George Reed
Modesto, CA
Sinclair Construction Inc
Stockton, CA Oakdale, CA
Engineer's Estimate McFadden Contruction Inc.

SMYRNA PARK IMPROVEMENTS
#CCL-5241(078) (P22-08)

BASE BID TABULATION SHEET
BID DUE: AUGUST 10TH, 2023 at 3:30 PM
4 of 4
ITEM 10
Attachment D
ITEM 10

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

BID BOOK FOR
Smyrna Park Improvements
#CCL-5241(078) and #P22-08
IN

CERES,CA
Bid Opening Date: Friday, August 4th, 2023 at 2:00pm
Bid Book - Page 1
ITEM 10
Bid Book contains the following documents

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

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

3. LIST OF SUBCONTRACTORS ....................................................................................................................... 12

4. EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ................................... ................................... 12

5. PUBLIC CONTRACT CODE (Statements and Questionnaire) ............................... .......................................... 13

6. NONCOLLUSION AFFIDAVIT ....................................................................................................................... 15

7. DEBARMENT AND SUSPENSION CERTIFICATION .......................... ............................................... ........ 16

8. BID PROPOSAL SIGNATURE AND NOTARY SEAL SHEET ..... ..... ....... ...... ..... .... .... ....... ... ..... ... 18

9. BIDDER'S BOND .......................................................... ....................... ......................................... ................... 18

10. CONTRACT ................................ ...................................... .......................... ................................ ..................... . 19 11 . PAYMENT BOND ................................... . , .......................................... ............................. ............................... 22

12. PERFORMANCE BOND .................................................................................................................................... 23 (Because some colored inks will not reproduce in copy
machines, please use black ink to complete this proposal.) BID BOOK - Page 2
ITEM 10

BID TO THE CITY OF CERES

ENGINEERING SERVICES DEPARTMENT
NAME OF BIDDER McFadden Construction, Inc.

BUSINESS P.O. BOX - -----------------------
CITY, STATE, ZIP _ _______________________ _
BUSINESS STREET ADDRESS 3817 E. Farmington Road
(Please include even if P. 0. Box used)
CITY, STATE, ZIP Stockton, CA 95215
TELEPHONE NO: AREACODE( ) _20_9_-_47_8_-_74_0_7 _______ _ FAX NO: AREA CODE ( ) _2_0_9_-4_7_8_-1_5_1_6 _______ _
CONTRACTOR LICENSE NO. 617672 A, B, C8 ---- ---------------- DEPARTMENT OF INDUSTRIAL RELATIONS No._1_0_0_0_0_0_52_9_8 _ _____ _ 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, where applicable), 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 and other standard and specification 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 June 2, 2023 and are entitled:

Smyrna Park Improvements
#CCL-5241(078) and #P22-08
IN

CERES,CA
BID BOOK- Page 3
ITEM 10
Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be based on the "TOTAL BASE BID."
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 parties 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 - Page 4
ITEM 10
BID ITEM LIST (REVISED 8/4/2023)
Smyrna Park Improvements
#CCL-5241(078) and #P22-08

BASE BID

ITEM UNIT OF ESTIMATED UNIT PRICE
NO. ITEM MEASURE QUANTITY (IN FIGURES)
I Site Preparation (Clearing, Grubbing , LS 1 140,000.00 Disposal, and Sawcutting) 2 Tree Protection LS I 12,000.00
3 Tree Removal EA 16 1,015.00
4 Remove Existing Abandon ed Restroom LS 1 I LI oro
,-
Building
5 Temporary Construction Fencing LF 3,310 8.00
6 Temporary Erosion & Sediment Control LS I 20,000 .00
7 Site Grading (Rou gh & Fine) LS I 250,000.00
8 1" Water Line for Drinking Fountain LF 289 10.00
9 Pavement (HMA) for Parking Lot & Drive SF 26,055 6.00 Aisles 10 Pavement (HMA) for Pathwa ys SF 6,807 6.60
11 Biotreatment Area SF 1,415 11.00
12 Signage & Striping LS 1 21 ,895.00
13 6" Vertical Curb LF 1,276 58.00
14 4.5" Rolled Curb LF 12 100.00
15 Concrete Wheel Stops EA 51 120.00
16 6" Thick Reinforced Concrete Flatwork SF 3,853 17.00 17 6" Thick Reinforced Concrete Flatwork SF 2,563 23.00 (Colored) 18 4" Concrete Flatwork SF 2,929 15.25
19 4" Concrete Flatwork (Colored) SF 18,834 13.50
20 9" Wide Concrete Band LF 306 80.00
21 12"Wx24"T Concr ete Seat Walls at Plaza LF 182 300.00 22 ADA Ramps EA 13 3,500.00
23 Vinyl Privacy Slats for C.L. Fence & Gates LF 583 78.00

BID BOOK

ITEM TOTAL
(IN FIGURES)
140,000.00
12,000.00
16,240.00
/4000_,.-
26,480.00
20,000.00
250,000.00
2,890.00
156,330.00
44,926 .20
15,565.00
21,895.00
74,008.00
1,200.00
6,120.00
65,501.00
58,949.00
44,667.25
254,529.00
24,480.00
54,600.00
45,500.00
45,474.00
ITEM 10
24 8'Txl6' CLR C.L. Roll Gate - Automated EA I 22,612.00 22,612.00 25 8'Tx6 ' CLR C.L. Swing Gate EA I 4,258 .00 4,258.00
26 8'T C.L Fence LF 36 163.00 5,868.00
27 City Std Removable Bollards EA 11 1,485.00 16,335.00 28 City Std Fixed Bollards EA 8 1,155.00 9,240.00
29 Angular Landscape Boulders LS 1 22,372.00 22,372.00
30 Relocated City Park Entry Sign LS 1 8,000.00 8,000.00 31 Custom Lions Club Plaque LS 1 9,000.00 9,000.00
32 Drinking Fountain (includes Sump) EA 1 11,000.00 11,000.00 33 Concrete Group BBQ, #3001AG EA 2 6,267.60 12,535.50
34 Concrete Family BBQ, #300A EA 4 2,310.95 9,243.80
35 Concrete Std Picnic Tables, #l00SSK EA 27 2,206.64 59,579.28 36 Concrete Accessible Picnic Tables, EA 10 2,367.70 23,677.00 #l00SKRE 37 Concrete Square Court Tables, #IO0S EA 5 2,776.20 13,881.00 38 Concrete Accessible Square Court Tables, EA 2 3,085.30 6,170.60 #l00AC 39 Concrete Backed Benches , #408SK EA 4 1,892.95 7,571.80 40 Concrete Backless Benches, #420SK EA 10 2,857.50 28,575.00 41 Concrete Trash Receptacles , #507 EA 14 1,869.73 26,176.22 42 Concrete Recycling Receptacles, #507R EA 14 2,046.73 28,654.22 43 Tube Circular Bike Racks EA 10 584.41 5,844.10
44 30'x75' Large Shade Structure at Plaza LS 1 205,000.00 205,000.00 45 22'x23' Square Shade Sails LS 1 49,874.00 49,874.00
46 Trash enclosure - Double Bin (City Std) EA 2 40,000.00 80,000.00 47 Site Lighting EA 25 ~WO
,,,....
~os-000-
48 Security Camera System LS 1 3'10::::0- ?> S"OO? -
49 EV Charger Installation LS 1 Yocoo- C/omo-
Electrical Reconnection of Corp Yard &
50 Restroom Building Along with Relocation LS 1 9tJooo- 9ooco -of Existing Electrical Equipment 51A Wayfinding Signs A, B, &C (Post EA 5 475.00 2,375.00 Mounted) 518 Wayfinding Signs D (Post Mounted) EA l 475.00 475.00

BID BOOK
ITEM 10
52 Park Panel Signs (Wall Mounted) EA 2 375.00 750.00
53 Park Panel Signs (Post Mounted) EA 34 475.00 16,150.00 54 Lions Club Signs (Shade Structure LS I 4,500.00 4,500.00 Mounted) 55 Kiosk Entry Sign EA l 18,610.26 18,610.26
56 Custom Artwork at Skatepark ALLOW I $3,000 $3,000 (Prepare & Seal) 57 Custom Artwork at Skatepark (Materials) ALLOW I $16,000 $16,000 58 Custom Artwork on Plaza Seat Walls LS 1 9,000.00 9,000.00 (Preoare & Seal) 59 Custom Artwork on Plaza Seat Walls ALLOW I $8,000 $8,000 (Materials) 60 Soil Preparation and Amendment SF 36,499 .28 10,219.72 61 1 Gallon Shrubs EA 497 21.00 10,437.00
62 5 Gallon Shrubs EA 222 44.00 9,768.00
63 15 Gallon Trees EA 100 225.00 22,500.00
64 Tree Root Barriers LF 994 13.80 13,717.20
65 Top Dressing - SF 15,365 .80 12,292.00 Decorative Bark Mulch 3" Min Deoth 66 Sod Turf- LS I 6,120.00 6,120.00 Renovation at Edge of New Construction 67 Mortared Cobble at Curb Cuts SF 60 28.00 1,680.00
68 Landscape Maintenance Establishment LS I 10,882.00 10,882.00 Period (180 Days) 69 Irrigation System - RWS EA 200 68.00 13,600.00
70 Irrigation System - Low Flow Bubblers SF 15,365 3.30 50,704.50 71 Turf Rotors - Renovation at Edge of New LS I 6,411.00 6,411.00 Construction 72 Relocated Irrigation Controll er LS I 5,100.00 5,100.00 73 Mobilization / Demobilization (Max 5%) LS 1 30,000.00 30,000.00 74 Removal and Dispose of all Hazardous ALLOW I $35,000 $35,000 Materials (Allowance) 75 Relocate Existing Fire Hydrant EA I 8,000.00 8,000.00 -
TOT AL BASE BID J /7 SS-1 'i5 'I~~

BID BOOK
ITEM 10
ADD ALTERNATE 1 BID - PLAYGROUND ENHANCEMENTS

ITEM UNIT OF ESTIMATED UNIT PRICE ITEM TOTAL
NO. ITEM MEASURE OUANTITY (IN FIGURES) /JN FIGURES)
A Existing Playground Equipment Removal LS & Reinstallation 1 4,500.00 4,500.00 8 Existing Playground Equipment Removal LS I 34,000 .00 34,000.00 C New Playground Equipment Purchase & LS I 150,000.00 150,000.00 Installation D Wood Fiber Play Surfacing LS I 125,000.00 125,000.00
TOTAL BID - ADD ALTERNATE 1 $313,500.00
ADD ALTERNATE 2 BID-MOFFETT RD & FOWLER RD INTERSECTION

IMPROVEMENTS

ITEM UNIT OF ESTIMATED UN IT PRICE ITEM TOTAL
NO. ITEM MEASURE QUANTITY (IN FIGURES) ON FIGU!{ES)
A Removal of Existing Hardscape SF 3,128 12.00 37,536.00 B Temporary Erosion & Sediment Control LS I 1,000.00 1,000.00 C Pavement (HMA) SF 935 25.00 23,375.00
D Signage & Striping LS I 12,530.00 12,530.00
E 6" Curb and Gutter LF 251 70.00 17,570.00
F 4" Concrete Flatwork SF 789 20.00 15,780.00
G ADA Ramps EA 8 1,800.00 14,400.00
H Top Dressing - SF 657 2.00 1,314.00 Decorative Bark Mulch 3" Min Depth I 12" Storm Drain Main LF 4 700.00 2,800.00
J Storm Drain Inlet EA 2 8,000.00 16,000.00
K Temporary Traffic Control LS I 6,000.00 6,000.00
L Adjust Storm Drain Inlet to Grade & EA 3 2,500.00 7,500.00 Replace with Cover TOTAL BID -ADD ALTERNATE 2 $155,805.00

BID BOOK
ITEM 10
ADD ALTERNATE 3 BID - FOWLER RD & ROSE AVE INTERSECTION IMPROVEMENTS

ITEM UNIT OF ESTIMATED UNIT PRICE ITEM TOTAL
NO. ITEM MEASURE QUANTITY (IN FIGURES) (IN FIGURES)
A Removal of Existing Hardscape SF 3,525 12.00 42,300.00 B Temporary Erosion & Sediment Control LS I 1,000.00 1,000.00 C Pavement (HMA) SF 1,334 25.00 33,350 .00
D Signage & Striping LS I 15,000.00 15,000.00
E Solar Powered Flashing LED Pedestrian EA 4 15,000.00 60,000.00 Crossing Beacon F 6" Curb and Gutter LF 246 89.00 21,894 .00
G 4" Concrete Flatwork SF 929 22.00 20,438 .00
H ADA Ramps EA 4 3,500 .00 14,000.00
I Top Dressing - SF 546 2.00 1,092.00 Decorative Bark Mulch 3" Min Depth J 12" Storm Drain Main LF 59 370.00 21,830.00
K Storm Drain Inlet EA 1 8,000.00 8,000.00
L Adjust Existing Manhole to Grade EA l 2,500.00 2,500.00 M Temporary Traffic Control LS I 6,000.00 6,000.00
TOTAL BID -ADD ALTERNATE 3 $247,404.00

BID BOOK
ITEM 10
ADD ALTERNATE 4 BID- MOFFETT RD & GARRISON ST INTERSECTION

IMPROVEMENTS

ITEM UNIT OF ESTIMATED UNIT PRICE ITEM TOTAL
NO. ITEM MEASURE QUANTITY (IN FIGURES} (IN FIGURES)
A Removal of Existin g Hardscape SF 2,035 12.00 24,420.00 B Temporary Erosion & Sediment Control LS I 1,000.00 1,000.00 C Pavement (HMA) SF 460 40.00 18,400.00
D Signage & Striping LS I 9,500.00 9,500.00
E 6" Curb and Gutter LF 185 76.00 14,060.00
F 4" Concrete Flatwork SF 557 22.00 12,254.00
G ADA Ramps EA 4 1,800.00 7,200.00
H Top Dressing - SF 531 2.00 1,062.00 Decorative Bark Mulch 3" Min Depth I 12" Storm Drain Main LF 11 500.00 5,500.00
J Storm Drain Inlet EA 2 8,000.00 16,000.00
I( Temporary Traffic Control LS I 6,000.00 6,000.00
TOTAL BID -ADD ALTERNATE 4 $115,396 .00

BID BOOK
ITEM 10
ADD ALTERNATE 5 BID -ROSE AVE & GARRISON ST INTERSECTION IMPROVEMENTS

ITEM UNIT OF ESTIMAT ED UNIT PRICE ITEM TOTAL
NO. ITEM MEASURE QUANTITY (IN FIGURES) (IN FIGURES)
A Removal of Existing Hardsc ape SF 2,904 12.00 34,848.00 B Temporary Erosion & Sediment Control LS 1 1,000.00 1,000.00 C Pavement (HMA) SF 640 35.00 22,400.00
D Signage & Striping LS 1 10,800.00 10,800.00
E 6" Curb and Gutter LF 266 70.00 18,620.00
F 4" Concrete Flatwork SF 676 22.00 14,872.00
G ADA Ramps EA 8 1,800.00 14,400.00
H Top Dressing - SF 610 2.00 1,220.00 Decorative Bark Mulch 3" Min Depth J (REMOVED) l'.2" S~en'H 9rain MaiH IJ.: +4 N/A N/A
J Storm Drain Inlet EA 2 8,000.00 16,000.00
K Temporary Traffic Control LS I 6,000.00 6,000.00
TOTAL BID-ADD ALTERNATE 5 $140,160.00
ADD ALTERNATE 6 BID - DRIVEWAY APPROACHES AT NEW PARKING LOT

ITEM UNIT OF ESTIMATED UNIT PRICE ITEM TOTAL
NO. ITEM MEASURE QUANTITY (IN FIGURES) /IN FIGURES)
A Removal of Existing Hardscape SF 747 20.00 14,940.00
B Removal of Existing Landscape SF 130 7.00 910.00
C Temporary Erosion & Sedim ent Control LS I 1,000.00 1,000.00 D Pavement (HMA) SF 203 (4.00) (812.000) (Deduction from Bas e Bid, Item 9) E Concrete Driveway Apron EA 2 12,500.00 25,000.00
F Temporary Traffic Control LS 1 4,000.00 4,000.00
TOTAL BID - ADD ALTERNATE 6 $45,038.00
NOTE:

The City will award the contract based on the summation of" TOTAL BASE BID+ ADD ALTERNATE

6."
The City reserves the right to award the TOTAL amount of the Contract to include none or any combination of the Add Alternat e Bids. The amount of Add Alternate included in th e Contract will be based on the available funds for the Project.

BID BOOK
ITEM 10
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 2-1.10, "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 MCI Engineering, Inc. 804672 1000008130 Partial - gradl 1"19, paving, demolition, concrete, Lodi , CA CMU, Site Ft rnishings $400,000.00
Chrisp Company Stockton, CA 374600 1000000306 Striping - $52,265.00 Park Planet - Red Bluff, CA 959805 1000423561 Shade Structure - $204,931.48 Miracle Play Salinas, CA 981433 1000015853 Alternate Play Structures $36,309.( Southern Hemisphere Shades 837278 1000009827 Shade Sail $49,874.00 Roseville, CA
0 Golden Bay Fence Stockton, CA 664905 1000000720 Fencing and Misc Metals $118,59, . 00 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder __ M_c_F_a_d_d_e_n_C_o_ns_t_ru_c_t_io_n_,_l_n_c_. ______ ____ __ , proposed subcontractor ---- ------ -------- -~ hereby certifies that he has ~ , has not --~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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(b) (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-I) 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) (I) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such 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- I) is the only report required by the Executive Orders or their implementing regulations.

PUBLIC CONTRACT CODE
BID BOOK - Page 12
ITEM 10
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 2-1. l 0, "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 Collins Electric Stockton, CA 115427 1UU0000184 Electric $380,000.uu Artificial Turf and Landscape
Modesto, CA 1001046 1000009229 Landscaoinq $195,803.42
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder _ __,__,M..:..:c:.,F....aa= d= d= e .:..:n _ C=..;::;o ..:..;na,;:s ;,,a:tr'-=ua.;,cc..=t.:..::ioC--'.n-'-',-'l'-'-n'---"c'--'-. _______ ____ _,, proposed subcontractor ____ _______ _________ _,. hereby certifies that he has _X_, has not--~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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-I) 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(6) (I) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such 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-I) is the only report required by the Executive Orders or their implementing regulations.

PUBLIC CONTRACT CODE
BID BOOK - Page 12
ITEM 10
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 2-1.10, "Subcontractor List ," of the State Standard Specifications .

LIST OF SUBCONTRACTORS
SUBCONTRACTOR SUBCONTRACTOR Department of Industrial DESCRIPTION OF WORK (Name & Address) License Number Relations (DlR) Number AND AMOUNT I
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PARTOFTHIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ______ _______ ____ ______ ____ _ _, proposed subcontractor _ M_ C_I_E_n=g_in_e_e_r_in_g=-' _ln_c_. _ ____ ___ __, hereby certifies that he has __X_ , has not--~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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-l.7(b) (I)) , 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 4 l CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form I 00 (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) (I) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such 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 I 00 (EEO-]) is the only report required by the Executive Orders or their implementing regulations .

PUBLIC CONTRACT CODE
BID BOOK - Page 12
ITEM 10
The Bidder shall list the name, address, license number, DIR number, and a description of work of eac h subcontractor to whom the Bidder proposes to subcontract portions of the work , as requ ired by the provisions in Section 2- 1.10, "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 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder _____ ________ _______________ , proposed subcontractor _ C_h_ri_s~p_C_o_m~p~a_n~y---- ----- -~ hereby certifies that he has X, has not __ _, patiicipated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal oppo1iunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set fo1ih in 41 CFR 60-1.5 . (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form I 00 (EEO- I) is the only repo1i 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- l .7(b) (l) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such 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
BID BOOK- Page 12
ITEM 10
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 2-1.10, "Subcontractor List," of the State Standard Specifications.

LIST OF SUBCONTRACTORS
SUBCONTRACTOR SUBCONTRACTOR Department oflndustrial DESCRIPTION OF WORK (Name & Address) License Number Relations (DIR) Number AND AMOUNT (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder _________ _________________ ___, proposed subcontractor Park Planet a Division of Park Associates , hereby ce1tifies that he has x__ , has not __ _, paiticipated in a previous contract or subcontract subject to the equal opportunity clauses , as required by Executive Orders 10925, 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(b) (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-I) 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- l.7(b) (I) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such 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 l 00 (EEO- I) is the only report required by the Executive Orders or their implementing regulations.

PUBLIC CONTRACT CODE
BID BOOK- Page 12
ITEM 10
The Bidder shall list the name, address, license number, DIR numbe r, 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 Sect ion 2-1.10, "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 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORT!ON OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUT!ON OF THOSE CERT!F!CAT!ONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ___ ____ ____________ ___ ______ -> proposed subcontractor _ M_ ir_a_c_le_ P_l_a-=-y_S---=--y_st_e_m_s ____ ____ __, hereby certifies that he has _x_, has not __ _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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-l.7(b) (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 fo1ih in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form I 00 (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-l.7(b) (I) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Depa1iment of Labor.

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

PUBLIC CONTRACT CODE
BID BOOK - Page 12
ITEM 10
The Bidder shall list the name, address, license number, DIR number, and a description of work of each subcontractor to whom the Bidd er proposes to subcontract portions of the work, as required by the provisions in Section 2-1 .10, "Subcontractor List ," of the State Standard Specifications .

LIST OF SUBCONTRACTORS
SUBCONTRACTOR SUBCONTRACTOR Department of Industrial DESCRIPTION OF WORK (Name & Addre ss) License Numb er Relation s (DIR) Number AND AMOU NT (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder , proposed subcontractor
- ------- -------- -------------
Southern Hemisphere Shades, Inc. , hereby certifies that he has _X_ , - - - ----- ~------ ------ has not--~
participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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-l.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal oppmtunity 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 I 00 (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) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such 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 l 00 (EEO-1) is the only report required by the Executive Orders or their implementing regulations .

PUBLIC CONTRACT CODE
BID BOOK - Page 12
ITEM 10
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 2-1. l 0, "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 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ____________________________ , proposed subcontractor _ G_o_ld_e_n_B_a-=-y_F_e_n_c_e~ p_lu_s_ l r_o_n_W_o_r_k_s_, _I _nc_.___, hereby certifies that he has _X_ , has not--~ participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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-l.7(b) (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-I) 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) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such 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-I) is the only report required by the Executive Orders or their implementing regulations.

PUBLIC CONTRACT CODE
BID BOOK- Page 12
ITEM 10
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 2-1.10, "Subcontractor List," of the State Standard Specifications.

LIST OF SUBCONTRACTORS
SUBCONTRACTOR SUBCONTRACTOR Department of Industrial DESCRIPTION OF WORK (N~me & Address) License Number Relations (DIR) Number AND AMOUNT ~/C((hl1ll 7 iJ(l,t' ~
/.-A,.,tJs,,-~.;£Je ~e, /~IJ/()</-,b /~;Jl)qzzt:J l ~ ~--, ;-j zeJ-1~1✓~ . I I
(THE BJDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICA TJONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder __ A_7_l-_l.. _ _____ ___________ _____ , proposed subcontractor ______ ______ _ _______ ,, hereby certifies that he has _ , has not ---1::__, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders I 0925, 11114, or I 1246, 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 Opportllllity, 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- I . 7(b) (I)), 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 CPR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-I) 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) ( 1) prevents the award of contracts and subcontracts unless such contractor submiL<; a report covering the delinquent period or such 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-I) is the only report required by the Executive Orders or their implementing regulations.

PUBLIC CONTRACT CODE
BID BOOK - Page 12
ITEM 10
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 Sect ion 2- 1.10, "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 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO

CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICA TIONS WHICH ARE A

PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder _____ _____ _______ _______ ____ _, proposed subcontractor _ C_ o_ll_in_s_E_le_c_t_r_ic_a_l_C_o_m__,p_a_n_;y,,__,'------ln_c _ ___ __, hereby certifies that he has _x__ , has not __ _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 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-l.7(b) (1)), and must be submitted by bidders and propo sed 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 I 00 (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) (I) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Admini stration 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
BID BOOK - Page 12
ITEM 10
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_ , 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 part 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~
If the answer is yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
BID BOOK - Page 13
ITEM 10
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 - Page 14
ITEM 10
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF CERES

ENGINEERING SERVICES DEPARTMENT
In conformance 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, partnership, 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 15
ITEM 10

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 court 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 signature of this Certification.

Accompanying this proposal is --'B~i=d=d~e~r~s~B~o~n=d ______ ______ ____ _ BID BOOK- Page 16
ITEM 10
(NOTICE : INSERT THE WORDS "CASH($ 10% J," "CASHIER'S CHECK," "CERTIFIED CHECK," OR "BIDDER'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 corporation, state legal name of corporation, also names of the president, secretary, 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 infiill.

McFadden Construction, Inc. - A California Corporation
Kurt McFadden - President, Secretary, Treasurer
Licensed in conformance with an act providing for the registration of Contractors, License No. 617672 -------- --- Classification(s) A, B, CB ----------- - ADDENDA - This Proposal is submitted with respect to the changes to the contract included in addenda number/s
1,2,3,4
(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 IO 162, 10232 and 10285.1 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 perjury 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, Part 29 Debarment and Suspension Certification are true and correct.

Date: A11g11st 10, 2023
! Sian ~
I ~ Kurt McFadden - President, Secretary, Treasurer nere Signature and Title of Bidder
Business Address 3817 E. Farmington Road Stockton, CA 95215 Place of Business 3817 E. Farmington Road Stockton, CA 95215 Place of Residence 3817 E. Farmington Road Stockton, CA 95215 BID BOOK- Page 17
ITEM 10
. \

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

BIDDER'S BOND
We, McFadden Construction. Inc.

Bond No. 975MC669
___ _______________ ____________ _______ a:; Principal, and Fidelity and Deposit Company of Maryland
as Surety are bound unto the City/County Clf Ceres , State of California, hereafter referred to as "Obligee". in the penal sum often percent (10%) of the total amount of the bid oftl1e Principal submitted to the Obligee for the work described bell>W, for the payment of which sum 1Ne bind ou~elves, jointly und seven.illy, THE CONDITION OF THIS OBLJGATION IS SUCH, THAT :

WHEREAS, the Principal is submitted to the Obligoc, for Smyrna Park Improvements # CCL-5241 (078) and #P22-08: Ceres, CA (Cnpy lit!ro 1hc ,~rnc1 desc1 i/)tio11 qj work, i11c/i.ding localion as !1 appears on the 11roposaf 1 for which bids are to be opened al Ceres, CA on _ _,.8,,_/0""'4"'/.,_2,.,_0..,23,.._ _ ________ _ (j,i;-ert plaee wluwe bids ,viii be vpeuedj (insert dale of bid opening) NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required uuder the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in confo1mance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment ftlr labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

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

Dated: ------'J:..:u=ly'----'--14..:...:t""'"h _______ , 20 ~L.

Mc:~zlnc
Kurt McFadden President
Pri11cip11/
Ei . . of Maryland
ignalures of those, executing for the Principal :rnd Surehi mu t be properly acl,nowledg d,

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of _______________ _ ss
On this ___ day of _ _ ____ ________ _______ _ in the year 20 _ before me ____ ___________ __ , pe1·sonally appeared _______________ _ _ _ Auo.-m.')·-in-.flrr:t
personally known to me (or proved to me on the basis of satisfacto1y evidt:nce) to be the person whose name is subscribed to tl1is instrument as the attorney-in-fact of ______ , and acknowledged to me tlrnt he {she) subscribed the name of the said company thereto as sun:ty, and his (her) own name as attorney-in-fact. {SEAL)
J\lotary Puhlic
BID BOOK- .Page 18
ITEM 10
• I

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Stanley J. MATRANGA and Eric V. MATRANGA, both of Granite Bay, California, EACH, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or unde1takings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.

The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of August, A.D. 2019.

By: Robert D. Murray
Vice President
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
ATTEST:

ZURICH AMERICAN INSURANCE COMPANY

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

FIDELITY AND DEPOSIT COMPANY OF MARYLAND
On this 13th day of August , A.D. 2019, before the subscriber, a Notary Public of the State ofMaiyland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument , and acknowledged the execution of same, and being by me duly sworn, dcposcth and saith, that he/she is the said officer of the Company aforesaid , and that the seals affixed to the preceding instmment are the Co1porate Seals of said Companies, and that the said Cmporate Seals and the signature as such officer were duly affixed and subscribed to the said instmment by the authority and direction of the said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

Constance A. Dunn, Notary Public
My Commis sion Expires: July 9, 2023
ITEM 10
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 _P_la_c_e_r _________ _
On July 14, 2023 before me, Eric Matranga. Notary Public Date Here Insert Name and Title of the Officer
personally appeared Stanley J. Matranga
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s, is/ar-e­ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), 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.

Place Notary Sea/ 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 __ ~_,,_-_/Y2. __ 5 _____ ~-----
Signature of Notary Public
---------- ------OPTIONAL --- ---- ------- --
Though this section is optional , completing this information can 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 - C] Limited □ General □ Individual □ Attorney in Fact □ Individual [] Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator Cl Other: _________ ____ _ C Other: _ ___________ __ _ Signer Is Representing : _ ______ __ _ Signer Is Representing : ___ _____ _ ,;(;.%<;,~~~~~~~'%~'<
©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ITEM 10

ACKNOWLEDGMENT
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 San Joaquin
on August 10, 2023 before me, Dustin J. Ketterling, Notary Public (insert name and title of the officer)
personally appeared Kurt McFadden ----------------------------who proved to me on the basis of satisfactory evidence to be the person).aj' whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/~he/thsy executed the same in his/ber/theirc:wthorized capacit~es},-afld that by his/her.J.tReirsignature,4ston the instrument the person{sr,or the entity upon behalf of which the person.(.aracted, executed the instrument.

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 __ ~ ___ T_~~~~ _ ____,.._,,. _ _ (Seal)
. . ................... f
DUSTIN J. KETTERLING
OTARY PUBLIC· CALIFORNIA ~
COMMISSION # 2384720 E
SAN JOAQUIN COUNiY ~
xp. December 24, 2025
ITEM 10

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 June 2, 2023, and are entitled:

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

NOTICE TO BIDDERS AND SPECIAL PROVISIONS FOR

SMYRNA PARK IMPROVEMENTS
#CCL-5241(078) and #P22-08
IN

CERES,CA
The project plans for the work to be done were approved June 2, 2023, are entitled:

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT

PROJECT PLANS FOR

SMYRNA PARK IMPROVEMENTS
#CCL-5241(078) and #P22-08
IN

CERES,CA
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 111.--The State general prevailing wage rates determined by the Director ofindustrial 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.

BID BOOK - Page 19
ITEM 10
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 conformance 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 for Bid Item List
BID BOOK - Page 20
ITEM 10
IN WITNESS WHEREOF, The parties to these presents have here-unto set their hands the year and date first above written

CITY OF CERES

ENGINEERING SERVICES DEPARTMENT
By ---- --------- ----Doug Dunford Interim City Manager

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

License No. ________ ________ _ _
Federal Employer Identification No.: ______ __ _
Approved and certified as being in conformance with the requirements of the State Contract Act.

By -------- ---------Nubia Goldstein, City Attorney
Approved Effective ____ _______ _
Attest By _____________ _ _
Fallon Martin, City Clerk
Dated ____________ _
BID BOOK - Page 21
ITEM 10

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: August 28, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Leticia Dias, Finance Director
[email protected], (209) 538-5764
SUBJECT: Resolution No. 202 3-XXX, Approving Fiscal Year 2022- 2023 Carryover Appropriations and Amending the 2023-2024 Budget RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a resolution authorizing the fiscal year 2022- 2023 carryover appropriations and amending the 2023-2024 Budget.

I. BACKGROUND:

The City Council approved the 2023- 2024 Budget on June 05, 2023. There are certain appropriations that need to be carried over from fiscal year 2022- 2023. The majority of these expenditures are Capital Improvement Projects that have not been completed, some are related to grant funding, and some were purchases not received before the end of the fiscal year.

II. REASONS FOR RECOMMENDATION:

The items in Exhibit “A” represent projects or commitments that are ongoing. In most cases, there is a binding document, such as a contract, requiring performance. In many instances projects are in process and can’t be stopped.

III. FISCAL IMPACTS:

Of the $31,358,193.54 being carried over, $36,956.26 are expenditures charged to the General Fund.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A

ITEM 11
V. POLICY ALTERNATIVES:

There are no viable alternatives.

VI. INTERDEPARTMENTAL COORDINATION:

The list of open projects was sent out to the department heads and supervisors in order to obtain a more accurate listing of open and ongoing projects. The departments’ input was a crucial part of the carryover process.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The Finance Department will process the budget amendment.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Exhibit “A” Budget Amendment
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2023-XXX
AP
PROVING FISCAL YEAR 2022-2023 CARRYOVER
APPROPRIATIONS AND AMENDING THE 2023-2024 BUDGET
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, the City of Ceres approved its annual budget June 05, 2023; and W
HEREAS, there are certain 2022- 2023 expenditures that should be allowed to be made in the fiscal year 2023-2024; and
W
HEREAS, the City Council of the City of Ceres does hereby find that it would be in the best interest of the City to carryover and incorporate the appropriations, as given in Exhibit “A” into the budget for the 2023-2024 fiscal year.

NO
W, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve fiscal year 2022-2023 carryover appropriations and amending the 2023-2024 budget.

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

P
ASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of August 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
ORG OBJ PROJECT PROJECT DESCRIPTION Amount
10010 025902 PROF DEV-R COLLINS 709.56
10010 025928 PROF DEV-T. HUDSON 750.00
10018 025910 PROF DEVELOPMENT- S ROYAL 90.00
10019 025905 PROF DEVELOPMENT-K WAUGH 271.56
10055 025932 PROF DEVELOPMENT-J. CHAVEZ 750.00
10066 025911 PROF DEVELOPMENT-D VASQUEZ 450.00
10067 025933 PROF DEVELOPMENT- F MARTIN 203.74
10073 025907 PROF DEVELOPMENT-L DIAS 300.00
10075 025908 PROF DVLPMNT-C HOEM 900.00
10066 021300 EXPERT AND CONSULTANT SERVICES 21,936.25
10066 026200 EMPLOYEE RECOGNITION 432.96
10095 176000 176000 SECURITY IMPROVEMENTS 10,162.19
100-GENERAL FUND TOTAL 36,956.26
21910 050800 PHOTOGRAPHIC & RECORDING EQUIP 496,411.96
21910 051100 AUTOMOTIVE EQUIPMENT 52,625.54
21910 051800 PUBLIC SAFETY EQUIPMENT 285.91
21913 011000 SALARIES AND WAGES 251,446.71
21913 029900 CONTRACT SERVICES 20,011.26
21915 039903 TECHNICAL RESCUE SUPPLIES 10,219.22
21916 050200 COMPUTER EQUIPMENT 55,000.00
21916 051500 COMMUNICATION EQUIPMENT 6,506.96
21919 034600 TRAFFIC CONTROL SUPPLIES 21,295.00
21920 051000 POWER EQUIPMENT 1,045.00
21940 012200 EMPLOYEE GROUP INSURANCE 11,000.84
21941 028900 R & M - NON-STRUCTURAL ITEMS 400,000.00
21941 051400 CUSTODIAN EQUIPMENT 1,542.11
21945 026000 ADVERTISING 5,000.00
21945 039900 MATERIALS AND SUPPLIES 1,279.57
21945 053300 WAY FINDING SIGN 75,000.00
21945 054400 DOWNTOWN INCENTIVE PROGRAM 80,000.00
21955 029900 CONTRACT SERVICES 50,000.00
21955 051500 COMMUNICATION EQUIPMENT 2,585.65
21960 029900 CONTRACT SERVICES 105,000.00
21995 800500 PD2222 POLICE BUILDING SECURITY SYSTEM 32,289.05 21995 800500 PD2224 UPGRADE DUTY GEAR STORAGE ROOM 2,148.35 21995 800500 PRK2315 LOWER RIVERBLUFF MAINTENANCE & OPERATIONS 31,811.13 21995 800500 PW2220 ADD TRAILS/WALKWAYS DON PEDRO, STRAWBERRY 75,000.00 21995 800500 PW2221 OCHOA PARK IRRIGATION, SOD, LANDSCAPE 2,056,200.00 21995 800500 PW2221 OCHOA PARK IRRIGATION, SOD, LANDSCAPE 1,672.00 21995 800500 PW2223 REMODEL COUNCIL DAIS 102,523.23
21995 800500 PW2317 REPLACE WHITMORE PARK GAZEBO 434,060.00 21995 800500 PW2317 REPLACE WHITMORE PARK GAZEBO 65,940.00 219- ARPA FUND TOTAL 4,447,899.49
24518 025910 PROF DEVELOPMENT- S ROYAL 22.00
245-AB939 SOURCE REDUCTION/RECYCLE TOTAL 22.00
24895 160200 160200 LOWER RIVERBLUFF-PH I 35,830.39
248-EASTGATE STORM DRAIN BENEFIT TOTAL 35,830.39
25195 151500 151500 SERVICE/MITCHELL IMPROVEMENTS 540,257.35 25195 161200 161200 SRVC/MITCHELL STREET PROJ 39,872.22 251-STREET EXPANSION TOTAL 580,129.57
25395 160200 160200 LOWER RIVERBLUFF-PH I 65,168.60
25395 170400 170400 EASTGATE PARK DESIGN 78,390.34
EXHIBIT "A" CARRY OVER BUDGET AMENDMENT
ITEM 11

ATTACHMENT B
25395 170500 170500 PARK IMPROVEMENTS 40,435.91
25395 501900 501900 PHASE IVA DESIGN LOWER RIVER B 6,184.35 25395 800500 PRK2301 STATE OF CA CLEAN GRANT- SMYRNA PARK 3,902.44 25395 800500 PW2221 OCHOA PARK IRRIGATION, SOD, LANDSCAPE 163,900.00 253-NEIGHBORHOOD PARK FEES TOTAL 357,981.64
25518 025910 PROF DEVELOPMENT- S ROYAL 22.00
255-STATE GAS TAX TOTAL 22.00
26895 800500 PRK2301 STATE OF CA CLEAN GRANT- SMYRNA PARK 32,448.82 26895 800500 ENG2226 CMAQ BIKE LANE CORRIDORS (074) 354,147.00 26895 800500 ENG2229 HSIP SIGNALIZED INTX IMPROVEMENTS 118,980.00 26895 800500 ENG2228 HSIP MITCHELL RD CORRIDOR IMPROVEMENTS 71,190.00 26895 800500 ENG2203 CMAQ BIKE PATH- HATCH RD FROM EASTGATE TO FAITH HOME 290,941.00 26895 800500 ENG2204 STBGP WHITMORE- CROWS LANDING TO MORGAN 527,460.00 268-FEDERAL TRANSPORTATION FUNDING TOTAL 1,395,166.82
27195 151500 151500 SERVICE/MITCHELL IMPROVEMENTS 877,564.50 27195 800500 ENG2202 CDBG- MORROW VILLAGE PHASE 2 154,304.10 27195 800500 ENG2203 CMAQ BIKE PATH- HATCH RD FROM EASTGATE TO FAITH HOME 82,509.00 27195 800500 ENG2207 MORGAN ROAD IMPROVEMENTS FROM MONTCLAIRE TO SERVICE 300,000.00 27195 800500 ENG2228 HSIP MITCHELL RD CORRIDOR IMPROVEMENTS 22,910.00 27195 800500 ENG2229 HSIP SIGNALIZED INTX IMPROVEMENTS 28,220.00 27195 800500 ENG2303 GENERAL STREET ASSESSMENT AND PLANNING 189,620.00 271-MEASURE L TOTAL 1,655,127.60
27495 800500 ENG2226 CMAQ BIKE LANE CORRIDORS (074) 60,884.00 274-STANCOG NON-MOTORIZED TOTAL 60,884.00
27795 800500 ENG2227 ATP SRTS MORGAN CORRIDOR (072) 19,501.04 27795 800500 ENG2204 STBGP WHITMORE- CROWS LANDING TO MORGAN 402,642.00 27795 800500 ENG2204 STBGP WHITMORE- CROWS LANDING TO MORGAN 400,000.00 277-SB1 ROAD MAINT & REHAB ACCOUNT TOTAL 822,143.04
29195 200400 200400 CDBG PROJECT 234,943.00
29195 800500 ENG2202 CDBG- MORROW VILLAGE PHASE 2 117,327.73 291-CDBG FEDERAL GRANT TOTAL 352,270.73
46658 025935 PROF DEVELOPMENT- T SPADE 200.70
466-CRA SUCCESSOR AGENCY TOTAL 200.70
46959 025935 PROF DEVELOPMENT- T SPADE 268.70
469-SCRC SUCCESSOR AGENCY TOTAL 268.70
49995 161100 161100 UPDATE PFF FEES 50,000.00
49995 172500 172500 CORP YARD FACILITY IMPROVEMENT 617,237.62 49995 176000 176000 SECURITY IMROVEMENTS 81,001.63
49995 176300 176300 PFF UPDATE 80,000.00
49995 200100 200100 PH1 FS/3 TRAINING FACILITY SIT 8,852.66 49995 800500 FRE2201 FIRE TRAINING FACILITY SITE IMPROVEMENTS- PHASE 2 300,000.00 49995 800500 PW2305 ROOF REPLACEMENT-CITY HALL, FIRE STATION #4 & LEGION HALL 180,306.00 499-PUBLIC FACILITIES FEES TOTAL 1,317,397.91
52718 025910 PROF DEVELOPMENT- S ROYAL 383.00
52719 025905 PROF DEVELOPMENT- K WAUGH 271.56
52766 025911 PROF DEVELOPMENT-D VASQUEZ 225.00
52767 025933 PROF DEVELOPMENT- F MARTIN 34.63
52773 025907 PROF DEVELOPMENT-L DIAS 300.00
52766 021300 EXPERT AND CONSULTANT SERVICES 4,718.12
52766 026200 EMPLOYEE RECOGNITION 216.49
52735 029900 CONTRACT SERVICES 74,397.85
52795 152600 152600 SCADA SYSTEM IMPROVEMENTS 127,453.28 ITEM 11
52795 173900 173900 SYSTEM IMPROVEMENTS 24,743.54
52795 201100 201100 URBAN WTR MGMT PLAN UPDATE 75,000.00 52795 201300 201300 IRRIGATION SYSTEM IMP/WTR CONS 30,948.52 52795 201700 201700 WTR MAIN:RIVERBLUFF TANK TO MI 250,000.00 52795 201800 201800 WATER MAIN HATCH ROAD: CENTRAL TO MOFFETT 760,000.00 52795 800500 WTR2113 ANNUAL WELL HEAD TREATMENT FY20-21 779,093.24 52795 800500 WTR2114 CORP YARD FACILITY IMPROVEMENTS FY 20-21 400,000.00 52795 800500 WTR2115 WATER CONSERVATION SYSTEM IMPROVEMENTS FY 20-21 100,000.00 52795 800500 WTR2117 WATER SYSTEM REHAB FY 20-21 650,620.14 52795 800500 WTR2210 WELL 16 WELLHEAD TREATMENT FY 21-22 16,426.00 52795 800500 WTR2211 WELL 22 WELLHEAD TREATMENT FY 21-22 @ 1921 ROCKEFELLER AVE 1,429,200.00 52795 800500 WTR2212 WELL 35 WELLHEAD TREATMENT FY 21-22 @ 401 HACKETT RD WEST OF CROWSLANDING RD 895,100.00 52795 800500 WTR2213 PAINT/MAINTENANCE OF BLAKER RESERVOIR PUMP STATION 250,000.00 52795 800500 WTR2214 ANNUAL WATER SYSTEM REHAB 21-22 500,000.00 52795 800500 WTR2306 WATER MAIN- HATCH RD-RICHLAND TO MITCHELL 850,000.00 52795 800500 WTR2307 WATER MAIN REPLACEMENT- SHUSHAWN DR 404,870.50 52795 800500 WTR2308 WATER MAIN REPLACEMENT- MOCKINGBIRD, ROBIN & HUMMINGBIRD DR 221,873.39 52795 800500 WTR2309 WATER MAIN REPLACEMENT-BLUEBIRD, STARLING, ORIOLE & CARDINAL DR 309,150.44 52795 800500 WTR2310 WATER METER REPLACEMENT PROGRAM 637,500.00 52795 132600 132600 RIVER BLUFF TANK DESIGN/ENVIRO 318,296.71 527-WATER SERVICE FUND TOTAL 9,110,822.41
52895 201600 201600 WELLHEAD TREATMENT 500,000.00
52895 800500 WTR2118 WELLHEAD TREATMENT FY 20-21 500,000.00 52895 800500 WTR2119 BLAKER PUMPING STATION IMPROVEMENTS FY 20-21 250,000.00 528-WATER QUALITY SINKING FUND TOTAL 1,250,000.00
54095 201500 201500 WTR SYSTEM IMPROVEMENTS 200,000.00
54095 201700 201700 WTR MAIN:RIVERBLUFF TANK TO MITCHELL 200,000.00 54095 201800 201800 WTR MAIN HATCH RD: CENTRAL TO MOFFETT 240,000.00 54095 800500 WTR2214 ANNUAL WATER SYSTEM REHAB 21-22 500,000.00 54095 800500 WTR2117 WATER SYSTEM REHAB FY 20-21 650,620.04 54095 800500 WTR2306 WATER MAIN- HATCH RD-RICHLAND TO MITCHELL 150,000.00 54095 800500 WTR2307 WATER MAIN REPLACEMENT- SHUSHAWN DR 71,457.91 54095 800500 WTR2308 WATER MAIN REPLACEMENT- MOCKINGBIRD, ROBIN & HUMMINGBIRD DR 37,638.52 54095 800500 WTR2309 WATER MAIN REPLACEMENT-BLUEBIRD, STARLING, ORIOLE & CARDINAL DR 55,638.52 54095 800500 WTR2310 WATER METER REPLACEMENT PROGRAM 112,500.00 540-WATER SUPPLY / EXTENSION TOTAL 2,217,854.99
56718 025910 PROF DEVELOPMENT- S ROYAL 383.00
56719 025905 PROF DEVELOPMENT-K WAUGH 271.55
56766 025911 PROF DEVELOPMENT-D VASQUEZ 225.00
56767 025933 PROF DEVELOPMENT- F MARTIN 34.63
56773 025907 PROF DEVELOPMENT-L DIAS 300.00
56766 021300 EXPERT AND CONSULTANT SERVICES 4,718.13
56766 026200 EMPLOYEE RECOGNITION 1,966.53
56795 132300 132300 STORM DRAIN MASTER PLAN 29,715.00
56795 152000 152000 SCADA SYS IMPROVE-SD & WWATER 113,272.78 56795 161800 161800 UPGRADE STORM LIFT STATION 30,252.00 56795 171200 171200 INSTALL METER/VALVE/CONTROLS 250,000.00 56795 171300 171300 UPGRADE 2 STRMDRN LIFT STATION 150,000.00 56795 172600 172600 PLANT UPGRADES 143,495.35
56795 173100 173100 EXPORT PIPE LINE MAINTENANCE 447,738.92 56795 173300 173300 FOWLER EAST LIFT STATION 250,000.00 56795 173500 173500 RICHLAND MARKET LIFT STATION 250,000.00 56795 200700 200700 WWTP UPGRADES 100,000.00
56795 200800 200800 WWTP SCADA SYSTEM UPGRADES 250,000.00 56795 200900 200900 SWR & STRM DRAIN L/S UPGRADES 702,446.73 56795 201000 201000 WWTR SYSTEM IMPROVEMENTS 894,501.74 56795 202000 202000 WWTR BOND REFUND PROJ 23,263.31
56795 402800 402800 WALGREENS LIFT STATION 572,000.00
56795 800500 SWR2208 WWTP REHAB & REPLACEMENT 21-22 100,000.00 ITEM 11
56795 800500 SWR2209 ANNUAL SEWER SYSTEM REHAB 21-22 1,125,925.00 56795 800500 SWR2102 WWTP ROADWAY IMPROVEMENTS FY 20-21 250,000.00 56795 800500 SWR2109 WWTP REHAB & REPLACEMENT FY 20-21 100,000.00 56795 800500 SWR2110 CORP YARD FACILITY IMPROVEMENTS 399,190.00 56795 800500 SWR2111 WESTPOINTE LIFT STATION IMPROVEMENTS FY 20-21 977,425.00 56795 800500 SWR2311 COSTA FIELD LIFT STATION REMOVE/REPLACE WET WELL EQUIP 150,000.00 56795 800500 SWR2312 RIVER RANCH LIFT STATION- UPSIZE TID POWER 250,000.00 567-SEWER SERVICE FUND TOTAL 7,567,124.67
57195 174900 174900 ACE STATION IMPROVEMENTS 7,455.90
571-STANCOG DIAL-A-RIDE TOTAL 7,455.90
61616 025936 PROF DEVELOPMENT- J FREDERICK 750.00
616-INFORMATION TECHNOLOGY - ISF TOTAL 750.00
67995 200200 200200 WHITMORE PRK GAZEBO UPGRADES 75,000.00 67995 800500 FAC2105 AUDIO VISUAL SYSTEM UPGRADES FY 20-21 20,000.00 679-BUILDING MAINTENANCE - ISF TOTAL 95,000.00
73795 172300 172300 STRAWBERRY BATHROOM PROJECT 7,290.00 73795 800500 ENG2121 WESTPOINTE SUBDIVISION LANDSCAPE IMPROVEMENT 39,594.72 737-WESTPOINTE ASSMT DIST-DEBT SERV TOTAL 46,884.72
EXPENDITURE GRAND TOTAL 31,358,193.54
ITEM 11

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: August 28, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Richard Collins, Chief of Police
[email protected], (209) 538-5725
SUBJECT:

Resolution No. 2023 -XXX, Approving a Budget Amendment to Transfer Funds from the Board of State and Community
Corrections Officer Wellness and Mental Health Grant Allocation Fund to the General Fund for Impending Purchases
RECOMMENDED COUNCIL ACTION:

Staff recommends t he City Council a pprove a budget amendment to transfer funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund to the General Fund for Impending Purchases.

I. BACKG
ROUND:

On December 21, 202 2, the Board of State and Community Corrections sent a memorandum to all eligible law enforcement agencies in the State of California regarding the disbursement of the Officer Wellness and Mental Health grants. These disbursements were made in accordance with AB 178, Chapter 45, Statutes of 2022, Item 5227- 121- 0001 and were available to all city and county law enforcement agencies employing officers as described in Section 830.1 of the Penal Code.

The Officer Wellness grant is for the purpose of improving officer wellness and expanding mental health sources.

There was no grant application process that the Police Department was required to complete to receive this grant.

On March 13, 2023, Council approved the acceptance of these funds with Resolution 2023-26.

ITEM 12
II. REASONS FOR RECOMMENDATION:

The police department has begun analyzing and setting goals to improve and expand our officer and mental health wellness. We have purchases that will allow us to attain these goals. These purchases will total $15,300.00 and will be used to purchase the following:

Gym Equipment $ 8,300.00
Wellness/Quiet Center (partitions) $2,0 00.00
Peer Support Training (Tuition) $1,000.00
Peer Support Travel, Lodging & Meals
$ 4,000.00
Total $ 15,300.00
III. F ISCAL IMPACTS :

There are no fiscal impacts. Ceres Police Department was awarded $32,997.89 to be spent on Officer Wellness and Mental Health.

Currently there is $24,397.89 in unspent funds are being held in a Balance Sheet Account (78700.000293). The attached budget amendment will move the needed funds into the appropriate accounts.

IV. EXI S TING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Approval of these Grant purchases fulfills the strategic plan for Government Operations:
“Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. P
OLICY ALTERNATIVES :

Council could choose to not approve these purchases. I f not approved, the funds will remain in the Balance Sheet Account.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

VII. P
UBLIC PARTICIPATION:

N/A

VIII. EN VIRONMENTAL REVIEW :

N/A

IX. ST
EPS FOLLOWING APPROVAL :

Following Council approval, Finance will move the funds from the Balance Sheet Account to the appropriate accounts for Staff to begin making purchases.

ITEM 12

Approved by: _____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Budget Amendment
ITEM 12
ITEM 12
RESOLUTION NO. 2023-XXX

APPROVING A BUDGET AMENDMENT TO TRANSFER FUNDS FROM

THE BOARD OF STATE AND COMMUNITY CORRECTIONS OFFICER

WELLNESS AND MENTAL HEALTH GRANT ALLOCATION FUND TO

THE GENERAL FUND FOR IMPENDING PURCHASES

THE CITY COUNCIL
City of Ceres

WHEREAS, the State and Community Corrections Officer Wellness and Mental Health Grant was been awarded to the Ceres Police Department for the purpose of improving officer wellness and expanding mental health sources; and

WHEREAS, there is currently $24,397.89 in unspent funds being held in a Balance Sheet Account (78700.000293) and the current expenditures total $15,300.00; and

WHEREAS, there is no fiscal impact to the City of Ceres for these purchases.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a budget amendment to transfer funds from the Board of State and Community Corrections Officer Wellness and Mental Health Grant Allocation Fund to the General Fund for impending purchases.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on this 28
th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

______________________________
Fallon Martin, City Clerk

ATTACHMENT A
ITEM 12
ITEM 12

Budget Amendment No.

Fiscal Year 2023-2024

Reference Resolution No. 2023-___, dated August 28, 2023 authorizing appropriations for the Board of State and Community Corrections Officer Wellness and Mental Health Grant as follows:

Appropriations:

Fund Name Fund No. Dept No. Object
No.

Appropriation
Amount
Tuition 100 10 022600 $1,000.00
Travel, Lodging & Meals 100 10 025800 $4,000.00
Furniture 100 10 050300 $2,000.00
Public Safety Equipment 100 10 051800 $8,300.00

Requested Appropriation $15,300.00
2023-2024 Current Appropriation +$75,359.00
Total Appropriation $90,659.00

Estimated Revenues:

Fund Name Fund No. Dept No. Object
No.

Appropriation
Amount

Total Estimated Revenue $
2023 – 2024 Current Estimated Revenue +
Total Estimated Revenue $

Fiscal Impact: Transfer for purpose of funding gym equipment for the gym and furnishings for the Wellness/Quiet Center and tuition/travel expenses for Peer Support training.

ATTACHMENT B
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: August 28, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, Interim City Manager
CONTACT: Leticia Dias, Finance Director
[email protected], 209-538-5764
SUBJECT:

Ordinance No. 2023-XXXX, An Ordinance of the City Council of the City of Ceres Amending Title 13 – Water and Sewer, Chapter 03 – Rates and Charges, Section 13.03.020 – General rate provision and rate schedule of the City of Ceres Municipal Code to Add Subsection E – Multiple Users
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the second reading and adoption of an ordinance amendment, reading by title only, waiving further reading, an ordinance of the City of Ceres amending Title 13 – Water and Sewer, of the Ceres Municipal Code to amend Chapter 03 – Rates and Charges of the Ceres Municipal Code Section 13.03.020 – General rate provis ion and rate schedule to add subsection 13.03.020 (E) Multiple Users.

I. BACKGROUND:

The City of Ceres provides utility services (water, sewer and garbage) to the residents and commercial locations within the city limits of Ceres. Currently property owners and tenants are allowed to sign up for services and therefore are responsible for the payment to the City for those services.

Within the City, there are properties with multiple dwelling units that are serviced by one water connection and one water meter and which receive one utility bill . This requires that whoever completes and signs the Utility Deposit form will be responsible for the cost of services at both dwellings.

II. REASONS FOR RECOMMENDATION:

The Utility department has experienced a heavy turnover when it comes to the responsibility and payment for services at properties with multiple dwellings. Since there are tenants at each dwelling, we have experienced one tenant will sign up for services and when they cannot pay for the services, the other tenant will then sign up for services ITEM 13
and the previous account will be closed and eventually sent to collections. This allows for more time before the services are shut off due to non-payment.

The proposed change to the ordinance allows the City to require that only property owners can sign up for utility services at multiple dwellings. In the event that the utility bill is not paid this will give the City the ability to lien the property for the amount owed. This will ensure that the City receives the payment that we are owed for the services that we provided.

III. FISCAL IMPACTS:

N/A
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Should Council decide not to approve the amendment to the ordinance, the City will continue to accept deposits from either the property owner or the tenant.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The ordinance shall take effect 30 days following adoption at a later meeting of the City Council.

Approved by: ____________________
Douglas D. Dunford
Interim City Manager

Attachments:

1. Attachment A – Ordinance

2. Attachment B – Public Hearing Notice
ITEM 13

ATTACHMENT A
{CW126823.1}
ORDINANCE NO. 2023-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES AMENDING TITLE 13 – WATER AND SEWER, CHAPTER 03 – RATES AND CHARGES, SECTION

13.03.020 – GENERAL RATE PROVISION AND RATE SCHEDULE OF THE CITY OF CERES MUNICIPAL CODE TO ADD SUBSECTION E – MULTIPLE USERS

WHEREAS, the City provides utility services (water, sewer an d garbage) to the residents and commercial locations within the city limits of Ceres; and

WHEREAS, there are properties with multiple dwelling units that are serviced by one water connection and one water meter; and

WHEREAS, the City has experienced a heavy turnover when it comes to the responsibility and payment for services at properties with multiple dwellings; and

WHEREAS, the City proposes to change the ordinance to require that only property owners can sign up for utility services at properties with multiple dwellings.

NOW, THEREFORE, THE CITY OF CERES CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 13.03.020, General rate provision and rate schedule of Chapter 03, Rate and Charges, of Title 13, Water and Sewer, of the Ceres Municipal Code, is amended to read as follows:

The rates, fees and charges for service shall be set by resolution of the City Council.

A. Metered rates. Metered rates shall apply to all uses specified in section 13.03.010.

B. Construction water. Temporary service for construction and grading and compaction shall be available for six-month intervals with all fees and charges paid in advance by a cash deposit.

1. The temporary service may be extended by the City Engineer or Director of Public Works for additional six-month periods upon payment of the appropriate fees.

2. Upon approval of the City Engineer or Director of Public Works, construction water may be obtained from a fire hydrant.

3. The rates charged for construction water, the deposit required and other administrative rules applicable to the use of and payment for construction water shall be established by resolution of the City Council.

C. Water service outside City limits. The water service charges for persons outside the City limits shall be 1 ½ times the charge for similar usage inside the City, except for public school district schools.

D. Temporary business water service.

1. For this subsection, a temporary business shall be defined as seasonal or theme- ITEM 13

ATTACHMENT A
{CW126823.1}
oriented business such as fireworks stands, pumpkin lots, Christmas tree lots, or similar uses operated for a period of less than 30 days during a 12-month period (reference Ceres Zoning Ordinance title 18).

2. A temporary business may receive water from the City system upon payment of two times the minimum monthly nonresidential service charge.

3. For temporary businesses only, service may be provided to a parcel of land for which the water connection fees have not been paid.

E. Multiple Users. If more than one consumer is served from one service connection, the owner of the property or his agent shall be required to sign for and guarantee payment for water service at that location, and the owner shall be liable for all water served through such connection.

SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of a general circulation at least within fifteen ( 15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least fifteen (15) days after its passage.

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a regular meeting of the City Council held on the 14 th day of August 2023,
and passed and adopted as Ordinance No. 2023-XXXX at a regular meeting of the City Council held on the 28th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

APPROVED:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney
ITEM 13

ATTACHMENT B

{CW127173.1}
City of Ceres

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on August 14, 2023 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following: An Ordinance of the City Council of the City of Ceres amending Title 13 – Water and Sewer, Chapter 03 – Rates and Charges, Section

13.03.020 – General rate provision and rate schedule of the City of Ceres Municipal Code.

The Ceres City Council will consider an amendment to the Ceres Municipal Code to add a Subsection E to Section 13.03.020. Subsection E will read: Multiple Users - If more than one consumer is served from one service connection, the owner of the property or his agent shall be required to sign for and guarantee payment for water service at that location, and the owner shall be liable for all water served through such connection. Currently, tenants are allowed to sign up for utility services at properties with multiple dwellings. However, the tenant signing up for utility services will be responsible for the services at all dwellings. Adding this wording will ensure that the owner of the property is responsible for the utility services of the multiple dwellings.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 9530 7 or by telephone at (209) 538-5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: August 2, 2023

ITEM 13
ITEM 13

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 28, 2023
TO:

F
ROM:

CO
NTACT:

SUBJECT:

Mayor and City Council
Douglas D. Dunford, Interim City Manager
Tamra Spade, Redevelopment/Economic Development Manager [email protected], (209) 538-5773
Resolution No. 202 3-XXX, E stablishing t he Annual Assessment Levy f or t he 2023- 24 Fiscal Year o n t he B usinesses i n t he Downtown Area Defined in the Ceres Downtown Revitalization Area Board (CDRAB) Annual Report f or the Activities a nd Programs of the Ceres Downtown Revitalization Area Board for Fiscal Year 2023- 24 RECOMMENDED COUNCIL ACTION:

S
taff recommends the City Council approve Resolution 2 023-XX establishing the Annual Assessment Levy for the 2023-24 Fiscal Year on the businesses in the Downtown Area defined in the CDRAB Annual Report for the Activities and Programs of the Ceres Downtown Revitalization Area Board for the Fiscal Year 2023-24.

I. BACKGRO UND:

At its regularly scheduled meeting of August 14, 2023, the City Council approved the Annual Report of the Ceres Downtown Revitalization Area Board for Fiscal Year 2023-24 and set a Public Hearing for August 28, 2023, to consider approving the levy of assessment for the Ceres Downtown Revitalization Area for FY 202 3-24. The proposed method of assessing businesses located in the CDRAB area for the 2023-24 Fiscal Year will be the same as originally established in 1989 with the formation of the Parking and Business Improvement District for the Ceres Downtown Revitalization Area.

It is estimated that the annual assessment will generate approximately $9,454.

As reported to the City Council on August 14, 2023, the proposed activities, and projects for the Ceres Downtown Revitalization Area for the 2023-24 fiscal year, as recommended by the CDRA Board (Ceres Planning Commission) generally include the provision of electricity to streetlights, maintenance of street trees and landscaping, and rotation of seasonal banners.

ITEM 14
II. REASONS FOR RECOMMENDATION:

The activities and programs initiated and funded by CDRAB are of vital importance to the continued success of revitalization efforts in Downtown Ceres. Collecting the assessments is the only method to fund these projects that keep Downtown clean, well -lit, and supports other public and private efforts to promote this important commercial district in Ceres. The revenue also contributes to promotional and beautification efforts benefitting all Downtown businesses.

III. F
ISCAL IMPACTS :

The fiscal impact of the proposed levy of assessment is positive to the City, by generating revenue from assessments paid by the businesses located in the boundaries of the Ceres Downtown Revitalization Area. This supplemental and restricted revenue may only be used by the City to fund projects and activities in the CDRA, which contribute to the revitalization of the downtown area and as identified in the CDRAB Annual Report for FY 2023-24.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

Action on this item furthers the City’s Strategic Plan goal of “Economic Development:

Proactively implement the City Council’s Economic Development Strategic Plan 2013-2020 consistent with the Council’s long- term vision and priorities…”. As noted previously, action to approve the CDRAB FY 202 3-24 Annual Report furthers the progress in implementing the Strategic Plan, as well as the Ceres Downtown Specific Plan policy objectives that will enhance the community’s economic strength and vitality.

V. P
OLICY ALTERNATIVES :

The Council not to approve the Levy Assessment.

VI. I NTERDEPARTMENTAL COORDINATION:
“N/A”
VII. P UBLIC PARTICIPATION:

Public participation has been solicited at a noticed public meeting of the CDRAB on May 16, 2022, and at the City Council meeting held on August 14, 2023. Additionally, a formal notice of public hearing for this Council meeting date of August 28, 2023, has been duly published in the Ceres Courier on August 9, 2023, as well as notices mailed to all participating businesses located in the boundaries of the CDRA.

VIII. EN
VIRONMENTAL REVIEW :

N/A
IX. STEPS FOLLOWING APPROVAL:

Following approval of this resolution, staff shall assess businesses located within the revitalization area according to the procedure identified in the Annual Report for Fiscal Year 2023-24.

ITEM 14
Approv
ed by: ____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – CDRAB Annual Report for FY 2023-24 (Exhibit D)

3. Attachment C – Boundary Map (Exhibit A)

4. Attachment D – Boundary Legal Description (Exhibit B)

5. Attachment E – Method of Calculating Assessment (Exhibit C) ITEM 14
ITEM 14

ATTACHMENT A

RESOLUTION NO. 2023-XXX

ESTABLISHING THE ANNUAL ASSESSMENT LEVY FOR THE 2022-23

FISCAL YEAR ON THE BUSINESSES IN THE DOWNTOWN AREA

DEFINED IN THE CERES DOWNTOWN REVITALIZATION AREA

BOARD (CDRAB) ANNUAL REPORT FOR THE ACTIVITIES AND

PROGRAMS OF THE CERES DOWNTOWN REVITALIZATION AREA
BOARD FOR FISCAL YEAR 2022-23

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Downtown Revitalization Area Board (CDRAB) has duly prepared and filed with the City Clerk of the City of Ceres its Annual Report for the 2023-24 Fiscal Year; and

WHEREAS, On August 14, 2023, the City Council of the City of Ceres, pursuant to Resolution No. 2023- 108, duly approved the Annual Report of the Ceres Downtown Revitalization Area Board for the 2023- 24 Fiscal Year and id further d eclare its intention to levy and collect assessments within the said Ceres Downtown Revitalization Area for FY 2023- 24 as set forth in the Annual Report of the Ceres Downtown Revitalization Area Board; and

WHEREAS, the City Council of the City of Ceres duly caused a public hearing to be set for August 28, 2023, for the purpose of considering the proposed assessments to be made upon businesses located within the Ceres Downtown Revitalization Area for the 2023-24 fiscal year; and

WHEREAS, notice of said public hearing was duly published and given as required by law; and

WHEREAS, at the public hearing held on August 28, 2023, the Ceres City Council received all written and oral comments presented regarding the Annual Report and the proposed annual assessment levy; and

WHEREAS, the boundary and legal description of the properties included within the Ceres Downtown Revitalization Area are attached hereto as Attachments B and C; and
WHEREAS, the method of calculation and proposed levy of assessments for businesses with the Ceres Downtown Revitalization Area is attached hereto as Attachment D; and

WHEREAS, the Annual Report of the Ceres Downtown Revitalization Board for 2022-23 fiscal year is attached hereto as Exhibit D.

ITEM 14

ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby establishes the annual assessment le vy for the 2022-2 3 fiscal year on the businesses in the downtown area defined in the Cer es Downtown Revitalization Area Board (CDRAB) Annual Report for the activities and programs of the Ceres Downtown Revitalization Area Board for fiscal year 2022-23.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of August 2023, by the following vote:

AYES: C
ouncilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
___
_____________________________
Javier Lopez, Mayor
ATTEST:
___
______________________________
Fallon Martin, City Clerk
ITEM 14

CERES DOWNTOWN REVITATLIZATION AREA BOARD
FISCAL YEAR 2023-24 ANNUAL REPORT

CERES DOWNTOWN REVITATLIZATION BOARD
The Ceres Downtown Revitalization Area Board (CDRAB) was for med by the City Council on January 23, 1989 to assist business owners, merchants and land owners with the revitalization and promotion of Downtown Ceres.

BOUNDARIES
The boundaries for the Cer es D owntown Revitalization Area are reflected in Exhibit A and
described with the attached legal description, Exhibit B. These boundaries gener
ally include th e area between 6 th Street to the east, Pine Street to the south, El Camino Avenue to the west and i nclude south-facing properties on Magnolia Street from El Camino Avenue, east to 6th Street. Th is ar ea covers approximately ten (10) city blocks and presently includes 36 businesses.

IMPROVEMENTS AND ACTIVITIES TO BE PROPOSED FOR FISCAL YEAR 202
3-24
Revenue generated from assessments will fund maintenance of tree grates, landscaping and sidewalks, rotation of decorative promotional banners, payment of electricity f
or street lights and special holiday tree lighting, funding for matching grants for design assistance as a component to an approved downtown façade improvement program, i
nvestigation of wayside-finding s ign program, and development of a new downtown incentive program, details to be determined by the Board and the City Council.

ESTIMATE OF THE COST OF PROVIDING THE IMPROVEMENTS AND ACTIVITIES

FOR FISCAL Y
EAR 2023-24
The CDRAB proposed budget for Fiscal Year 2023-24 is approximately $25,991 expenditure,
which funds promotional banners, landscape maintenance, holiday decorations, electricity, materials and postage fees.

Attachment B
ITEM 14

SURPLUS OR DEFICIT REVENUES TO BE CARRIED OVER FROM PRIOR FISCAL YEARS
The Ceres Downtown Revitalization Area Board creates a separ ate stand-alone budget each
year. Any unexpended funds from this or prior fiscal years will be r eturn ed to fund balance. All projects and activities proposed to be fu nded during the upcoming year shall be included in each proposed budget approved annually by the Ceres City Council.

METHOD AND BASE OF LEVYING ASSESSMENT
The assessment for Fiscal Year 2023-24 will replicate the parking and business im
provement district assessment as outlined in Exhibit C.

EXISTING POLICY
The City Council of the City adopted an ordinance, Chapter 3.08 of the City of Ceres Municipal Code, establishing a downtown parking and improvement area pursuant to the provisions of the Parking and Business Improvement Area Law of 1979. The area was designated as the “Ceres Downt own Revitalization Area.” (Ord. 88-70 8, 1988) ITEM 14
Attachment C
ITEM 14

EXHIBIT A
Ceres Downtown Revitalization Area
Established 1989
Legend
■ 111 ■ 11111111:
= -co ~1 ■ 111 ■1
ITEM 14
Attachment D
ITEM 14

EXHIBITB
CERES DbWNTOWN REVITALIZATION AREA
Legal Description
All that pertain rei! property sitllate4 in a portion ofthe Southeast 1/4 of Section 14, Township 4 Sou~h, Range 9 East, Mount piablo Base.,and Meridian, City of Ceres, County of Stanislaus: State of California described 8-$ follows:
"BEGINNING.at the N:0rt4wes.t corner of Lot 13, Block 22, ofthe -~ITY OF CERES, as shown on the map filed inV9lume 1 \ of Maps, at Page 1~ Stanislaus County Recorps; thence Northe}rly-along the prolongation of the Wesf line of said Lot 13, a d~tance of 15' +/- to the true poi:nt of beginning; thence Ea$terly aloµg a line.:which is 150' North of the parallel to the ce~erline of Magnolia Street a dfstance of 1995' +/-:to the·center!ine pf Six~ Street; thence •South along t4e centerline ofSix~h Street a .distance of 1840' +/- 'to the c~nterlihe inters~ctipn of Park Street; thence West along the centerline of Park Stteet and its pr.olongati.9n a distan~e of 500' +/- to a point on the ·Southerly prolongation of the ·Westerlyright •ofway lin:e of,El C~mino A"'.e!lue;-thence Northwesterly along the Wei;;terly right of way lin,e of El Can.:$0 Avenue an~ its p,r61ongatiQn a distance of 2-200.' +(, to ~-polnt -on the Southerly pr~li;mgation -o~ t~~ W cst11roperty·line of said Lot 13; theµce North along the Wes~1line of said Lot 13 and its prolong~ti<in ~ distance of210' +/- to the true point ofl;ieginning.

Adopted by the Ceres City Council Au.gust 8, ·1988 (Resolution 88-156).

ITEM 14
Attachment E
ITEM 14

EXHIBITC

CERES DOWNTOWN REVITALIZATION AREA

METHOD OF CALCULATING ASSESSMENT
L Businesses with gross receipts ofless than $50,000.00 per quarter ........... $ 10.00 per · month

2. Businesses with gross receipts of $50,000.00 or more per quarter. ...•........ $ 25.00 per ·month
_3. Businesses with gross receipts of $200,000.00 or more per quarter ........... $ 25.00 per month
on all
over
per quarter
Plus
one mil (.001)
gross receipts
$200,000.00

4. Membership fee for banks and savings and loans ...................................... $500.00 per year

5. Gasoline service stations with gasoline sales of $800,000.00 or more per year ......... : ..... : .......................................................................... $500.00 per year
Plus .
$ 25.00 per
month

6. Residential. ........... ~ ........................... ; .......................................................... $ 0.00

7. Home occupation permits ...................................................................... Same as # 1,2,3, and4
The aggregate or combined receipts shall be used for all businesses owned by the same party or parties and that are located at the same address.

ITEM 14
{CW131152.7}

COUNCIL / SUCCESSOR

AGENCY 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: August 28, 2023
TO: Governing Board of Ceres Successor Agency
FROM: Douglas D. Dunford, Interim City Manager / Executive Director CONTACT: Nubia Goldstein, City Attorney
[email protected]
SUBJECT: Resolution 2023 -XXX, Approving and Authorizing Execution of Assumption Agreement with New Owner of the River Crest Apartment Complex
RECOMMENDED COUNCIL ACTION:

Staff recommends the Governing Board of the Ceres Successor Agency adopt Resolution No. 2023 -XX, to approve and authorize execution of an Assumption Agreement to facilitate the conveyance of the River Crest apartment complex.

I. BACKG ROUND:

The River Crest apartment complex (“Riv er Crest”) is located at 2809 Della Drive in Ceres.

River Crest is an affordable housing development that contains thirty-six (36) residential units.

River Crest was originally dev eloped in 2006 with loan assistance from the Former Ceres Redevelopment Agency. The loan from the Former Redevelopment Agency was in the amount of Six Hundred Thousand Dollars ($600,000). River Crest is also subject to an Affordable Housing Covenant (“ Covenant”) recorded on the property. The Covenant provides that thirty-five (35) of the units must be rented to qualifying households, based on specific income criteria. The property owner submits annual reports to the Successor Agency regarding occupancy, rent levels, and gross income generated from River Crest.

The Covenant lasts for forty (40) years and expires on February 18, 2044.

The current owner , “ River Crest Limited Partnership ,” is selling their interest in the property to “OSM River Crest Limited Partnership” (“OSM”). OSM will be the new owner and manager of River Crest. OSM owns and operates ten (10) affordable housing developments across California, Nevada, and Tennessee . The “ISM Management Company” manages all OSM properties and will be the new property manager of River Crest.

ITEM 15
{CW131152.7}
The California Tax Credit Allocation Committee ( “TCAC”) administers low -income housing tax credit allocations and monitors compliance. TCAC must approve ownership transfers for projects that have received low -income housing tax credits. TCAC has approved the property transfer to OSM and has stated in writing that the new property manager is in good standing with TCAC rules and regulations.

T
he Covenant requires the owner of River Crest to obtain approval from the Successor Agency prior to any sale. Staff has reviewed the organizational documents and development background of OSM and has no concerns with OSM becoming the owner and operator of River Crest.

OSM w ill be subject to all requirements contained in the Covenant, including the annual reporting requirement to the Successor Agency. The attached Resolution would approve a Release and Assumption Agreement (“Assumption Agreement”) for OSM to assume the terms of the Covenant. The Assumption Agreement releases the current owner from the obligations of the Covenant , and OSM will assume the obligations of the Covenant.

The current owner will also repay the outstanding loan balance to the Successor Agency as a condition of the property sale.

R
iver Crest has been a successful project and provided affordable housing in the Ceres community since 2006. Staff looks forward to working with the new owner OSM.

II. RE ASONS FOR RECOMMENDATIO N:

The Covenant provides that any transfer or sale of River Crest requires the approval of the Successor Agency. Staff has reviewed the background of OSM, and TCAC has also approved the transfer. Staff recommends that Council provide authorization for the Executive Director to execute the attached Assumption Agreement.

III. F
ISCAL IMPACTS :

T he River Crest project received a $600,000 loan from the Former Redevelopment Agency. Interest began accruing in 2014. There is an outstanding balance of $696,915 owed to the Successor Agency. The seller will repay the outstanding balance as a condition of closing on the property.

IV. E
XISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN :

Livable Community: Encourage development of housing for all economic levels of the community, including affordable, senior and executive housing.

V. AL TERNATIVES :

Council could choose to not authorize the new owner . This is not recommended, as the Covenant provides that the Successor Agency’s approval of any new owner shall not be unreasonably withheld.

VI. I NTERDEPARTMENTAL COORDINATION:

N/A
ITEM 15
{CW131152.7}
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOL LOWING APPROVAL:

Upon approval from the Board, the parties will execute the Assumption Agreement and record it with the Stanislaus County Recorder’s Office. The new owner would then be able to proceed with closing on the purchase of River Crest.

Appr
oved by: _____________________
Douglas D. Dunford
Interim City Manager
Attachments:

1. Attachment A - Resolution

2. Attachment B - Release and Assumption Agreement (included as Exhibit A to the Resolution)

3. Attachment C - Affordable Housing Covenant (recorded February 25, 2004) ITEM 15
ITEM 15
{CW131153.4}
RES
OLUTION NO. 2023-XXX

APPROVING AND AUTHORIZING EXECUTION OF

A RELEASE AND ASSUMPTION AGREEMENT

TO FACILITATE THE TRANSFER OF THE

RIVER CREST APARTMENT COMPLEX

SUCCESSOR AGENCY TO FORMER CERES REDEVELOPMENT AGENCY
City of Ceres
WHEREAS, purs uant to Health and Safety Code section 34170 et seq. (“Dissolution Act ”), the Community Redevelopment Agency of the City of Ceres was dissolved on February 1, 2012; and
WHEREAS, purs uant to the Dissolution Act, the City Council of the City of Ceres serves in the capacity of the Successor Agency to wind down the business and affairs of the Former Ceres Redevelopment Agency (“Former Redevelopment Agency”); and WHEREAS, in or around 2006, the River Crest Limited Partnership (“Current Owner”) developed the River Crest apartment complex located at 2809 Della Drive (“Property”), with loan assistance from the Former Redevelopment Agency; and WHEREAS, an Af fordable Housing Covenant (“ Covenant”) was recorded on the Property that restricts units to qualifying households; and WHEREAS, th e Current Owner has agreed to sell its interest in the Property to the OSM River Crest Limited Partnership (“New Owner”); and
WHE
REAS, the Covenant provides that any sale of the Property requires the approval of the Successor Agency; and
WHEREAS, staff has reviewed the background and experience of the New Owner, and has determined that the New Owner is capable of managing the P roperty and complying with the terms of the Covenant; and
WHEREAS, the R elease and Assumption Agreement (“ Assumption Agreement”) attached and incorporated hereto as Exhibit A releases the Current Owner from the Covenant and establishes that the New Owner will assume the obligations of the Covenant. The Assumption Agreement also provides that the C urrent Owner will repay the outstanding loan balance to the Successor Agency as a condition of selling the Property.

NOW, T
HEREFORE, BE IT RESOLVED that the Governing Board of the Successor Agency hereby approves and authorizes execution of the Assumption Agreement attached and incorporated hereto as Exhibit A. The Executive Director is hereby authorized to execute all further documents and take all actions that may be necessary to facilitate conveyance of the Property to the New Owner.

ATTACHMENT A
ITEM 15
{CW131153.4}
PAS
SED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of August 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Chairman
Successor Agency
ATTEST:
_________________________________
Fallon Martin, Secretary
Successor Agency
ITEM 15
{CW131153.4}
EX

HIBIT A
Release and Assumption Agreement for River Crest Apartment Complex ITEM 15

ATTACHMENT B
ITEM 15
{CW131453.1}

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN
TO:

Successor Agency to
Former Redevelopment Agency
of the City of Ceres
Ceres, CA 95307
Attn: Executive Director

Free Recording Requested per
Gov’t Section 6103.

River Crest Apartments
Ceres, Stanislaus County, California

Instrument Number: 2004-25914-00

The following Release and Assumption Agreement is made with reference to the Affordable Housing Covenant between the Redevelopment Agency of the City of Ceres, a former California redevelopment agency, and River Crest, a California Limited Partnership, recorded on February 25, 2004 as Instrument Number 2004-25914-00.

RELEASE AND ASSUMPTION AGREEMENT

T
HIS RELEASE AND ASSUMPTION AGREEMENT (“Agreement”) is made , as of ___________ __, 2023, (“Effective Date”) by and among OSM RIVER CREST LP, a California Limited Partnership (“Owner”), River Crest, a California Limited Partnership (“Prior Owner”), and the Successor Agency to the Former Redevelopment Agency of the City of Ceres (“Agency”).

RECITALS

A. OS M Investment Company, a California Corporation (“ OSM”) and Prior Owner entered into that c ertain Agreement of Purch ase and Sale, dated March 27, 2023, as amended (collectively, the “Purchase Agreement”). The Purchase Agreement has been assigned by OSM to Owner, and Owner is an affiliate of OSM.

B . Pursuant to the Purchase Agreement, Prior Owner has agreed to sell, and Owner has agreed to purchase, all of that certain real property located in the City of Ceres (“City”), as more particularly described in Exhibit A attached hereto and made a part hereof (the “Real Property”).

The rental apartment project known as River Crest Apartments is located on the Real Property, at the address of 2809 Della Drive, Ceres, Cal ifornia 95307 (the “Project”). The Project together with the Real Property may hereafter collectively be referred to as the “Property”.

ITEM 15
{CW131453.1}
C. The Property is encumbe red by that certain Affordable H ousing Covenant (the “Covenant”) made between the Prior Owner and the Former Redevelopment Agency of the City of Ceres (“Former Redevelopment Agency”), recorded on February 25, 2004 in the Official Public Records of Stanislaus County, California as Instrument No. 2004-25914-00.

D. Owner has agreed to assume Prior Owner’s obligations under the Covenant, pursuant to the terms of this Agreement, and Prior Owner shall be released of its obligations under the Covenant as of the Effective Date of this Agreement.

E. Pursuant to the Purchase Agreement, Prior Owner will, upon the recording of th is Agreement, convey to Owner all of Prior Owner's right, title and interest in and to the Property.

NOW, THER EFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, for themselves and for their respective successors and assigns, hereby agree as follows:

1. Incorporation of Recitals. The foregoing recitals are hereby incor porated by reference and made part of this Agreement.

2. Release and Assumption.

a. Owner agrees to assume the obligati ons of Pr ior Owner under the Covenant from and afte r the Effective Date of this Agree ment, and does hereby agree to be bound by the terms and conditions of the Covenant.

b . Agency hereby releases Prior Owner from all liability arising under or in connection with the Covenant, from and after the Effective Date of this Agreement, except that Prio r Owner shall not be re leased fro m liability for obligations and responsibilities not expressly assumed by Owner as the purchaser of the Property or from any obligations or responsibilities occurring prior to the Effective Date of this Agreement.

c. Agency’s release set forth in this Agreement does not constitute a waiver of any obligations owed to Agency by Prior Owner associated with the Property not otherwise specified herein.

3 . Repayment of Loan from For mer Redevelopment Agency. The Parties acknowledge there is an outstanding loan provided by the Former Redevelopment Agency in connection with the Property, as approved by Resolution No. 2004-02 adopted on January 26, 2004, and subject to the terms of that Promissory Note executed by Prior Owner on or around February 18, 2004 (“Loan”). As a condition of selling the Property to Owner, Prior Owner shall repay the outstanding balance of the Loan to Agency. The following documents shall not be considered effective until Agency receives repayment in full of the outstanding balance of the Loan: (a) any deed that transfers the Property from Prior Owner to Owner, and (b) this Agreement, together with Agency’s approval of the Property transfer to Owner ITEM 15
{CW131453.1}
as required by the Covenant.

4. Re vised References in Co venant. All references in the Covenant to the “Partnership” shall hereafter be deemed to refer to Owner.

5. Equal Opportunity Compliance. Owne r agrees that there shall be full compliance with the provisions of ( a) any law s prohibiting discrimination in housing on the basis of race, color, creed or national ori gin; a nd ( b) with the r egulations of the Federal Housing Administ ration providing for non-discrimination and equal opportunity in housing.

6. No Defenses . Owner a cknowledges a nd affirms to Agency that, as of the Effective Date, there are no defenses, set-offs or counterclaims, whether legal or equitable, to Owner’s obligations under the Covenant. Owner hereby waives the right to raise or assert any such defenses, set-offs or counterclaims that Owner may have had with respect to any suit, proceeding or foreclosure action that the Agency or any of its predecessors in interest to the Covenant could have brought against the Prior Owner prior to the Effective Date.

7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Agency’s execution and delivery of this Agr eement is contingent upon the execution and delivery of this Agreement by Owner and Prior Owner.

8. Amendment. The Covenant shall not be furthe r modifie d except by an instrument in writing executed by each of the parties thereto.

9. Severability. Notwithstanding anything herein contained, if any one or more of the provisions o f this Agr eement shall for any reason whatsoever be held to be ill egal, invalid or unenforceable in any respect, such illegality, invalidity or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such illegal, invalid or unenforceable provision had never been contained herein.

10. Head ings. The head ings and titles to the sections of this Agree ment a re inserted for conven ience on ly and shall no t be d eemed a part hereof nor affect t he construction or interpretation of any provisions hereof.

11. Governing Law. This Agreement shall be governed by the laws of the State of California.

12. Counterparts. This Agr eement m ay be exec uted in any number of counterparts, all of which counterparts shall be construed together and shall constitute but one agreement.

I N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and made effective as of the Effective Date.

ITEM 15
{CW131453.1}
(T
he rest of this page is intentionally left blank;
the signature pages follow this page.)
ITEM 15
{CW131453.1}

OWNER:

OSM RIVER CREST LP, a California Limited Partnership

By: OSM RC LLC, a California limited liability company, its General Partner

By: _______________________
Michael Orwitz, its Manager

State of California

County of ____________________

On _________________, 2023, before me, ________________________________________ (insert name and title of the officer) personally appeared ___________________________________, 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.

I 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 ______________________________ (Seal) 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.

ITEM 15
{CW131453.1}

PRIOR OWNER:

RIVER CREST, A CALIFORNIA LIMITED,
PARTNERSHIP, a California limited partnership

By: River Crest – Michaels (PAM), LLC

By: _______________________________
Name: James R. Miller
Title: Vice President

STATE OF NEW JERSEY )
) SS:

COUNTY OF CAMDEN )

On _________________, 2023, before me, _______________________ (insert name and title of the officer) personally appeared James R. Miller , who proved to me on the basis of satisfactory evidence to be the per son whose name is subscribed to the within instrument and acknowledged to me that h e e xecuted the same in his authorized c apacity, and tha t by his signat ure on the instrument the person, or the entity upon behalf of w hich the person acted, executed the instrument.

I certify under PENALTY OF PE RJURY un der the laws of the St ate o f California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal) 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.

ITEM 15
{CW131453.1}

Agency / City of Ceres

By: ____________________________

Name: ____________________________
Executive Director / City Manager

State of California

County of ____________________

On _________________, 2023, before me, ________________________________________ (insert name and title of the officer) personally appeared ___________________________________, 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.

I 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 ______________________________ (Seal) 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.

ITEM 15
{CW131453.1}

EXHIBIT A

Legal Description of Property

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY

OF CERES, COUNTY OF STANISLAUS, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:

LOT 3 IN BLOCK 5601 OF "WHITMORE GARDENS, UNIT 2", AS PER MAP FILED FOR RECORD FEBRUARY 16, 1979 IN BOOK 28 OF MAPS, AT PAGE 23, STANISLAUS COUNTY RECORDS.

Address: 2809 Della Drive, Ceres, California 95307

APN: 069-016-003

ITEM 15
A

ATTACHMENT C
ITEM 15
' RECORDING REQUESTED BY AND
AFTER RECORDATION, MAIL TO:

The Redevelopment Agency of the
City of Ceres
2720 2nd St.

Ceres, California 95307
Attn: Executive Director
Titis document is exempt from Uie payment of a recording fee pursuant to Govenunent Code Section 27383.

For valuable consideration, the receipt of which is hereby acknowledged , this Affordable Housing Covenant (the "Agreement") is entered into as of c-2,--/ g , 2004 by and between THE REDEVELOP1\1ENT AGENCY OF THE CITY OF CERES ("Agency") , acting to carry out the obligations under the California Health and Safety Code establishing an affordable housing program for the City of Anderson and RIVER CREST, a California limited partnership ("Partnership"), with respect to that certain parcel of real property (the "Property") legally described on Exhibit A, that the Property and the improvements to be constructed thereon, will be subject to the conditions, restrictions, reservations and rights of Agency specified below:

1. USE OF THE PROPERTY. The Partner ship hereby covenants and agrees, for itself, its lessees, successors and assigns, as follows:

A. Developme nt. Partnership shall construct improvements on the Property and develop an apartment complex containing thirty- six (36) residential units (the "Project").

B. Rent and Income Restrictions. Thirty-five ( 35) residential units to be developed on the Property (the "Units") shall be rented to low and very-low income persons and families (each a "Qualifying Household") as follows:
606455v1 34541/0003

1. Twenty-two (22) Units shall be rented to very-low income households with incomes at or below 50% of Median Income (as defined below) adjusted by actual household size-at rents that do not exceed 30% of 50% of the Median Income adjusted for family size appropriate for the Unit and a utility allowance; and

2. The remaining thirteen (13) Untts shall be rented to low income households, with incomes at or below 60% of Median Income adjusted by actual household size at rents that do not exceed 30% of 60% of the Median Income adjusted for family size appropriate for the Unit and a utility allowance
, _ _.. ~--·· ---
ITEM 15
Notwithstanding the foregoing, the Partnership may set aside the one (1) dwelling unit for use as a "Manager's Unit", which unit shall be occupied by a person (or household) employed as a manager, assistant manager or maintenance worker for the Project. In such event, so long as the Manager's Unit is occupied by a person (or household) employed as set forth hereinabove, such Manager's Unit shall not be subject to the income limits set forth in subsections l and 2, above; provided that if such Manager's Unit is not occupied as such, it shall be subject to subsection 1. above.

For purposes of this Agreement, "Median Income" shall mean the median income for households in the county in which the Property is located (the "C ounty') as published from time to time by the California Department of Housing and Community Development ("HCD"), or if HCD does not publish such numbers , then as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent _ .. w.ith t l:I~ r:J~t~rm~:1.ati0-ri. of.JY'!~-1i :\1: gr0~~ ~~cm~e •.i~rl~r s ~i:ti0n. 8 .o~ t~P. U r it,-:-<l .,~t;~•e:- l:f0uS-i!1g .~.ct . - vf i937, as amended. In the event that such income determinations are no longer published by HCD or HUD, or are not updated for a period of at least 18 months, Agency shall provide the Partnership with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HCD or HUD.

C. Reporting Requirements . Annual reports and annual income recertifications shall be submitted to Agency. The reports, at a minimum, shall include :
(1) The number of persons per unit
(2) Tenant name
(3) Initial occupancy date
( 4) Rent paid per month
(5) Gross income per year
(6) Percent of rent paid in relation to income.

Annual income recertifications shall also contain those documents used to certify eligibility. Agency may, froip,~ime to time during the term of this Agreement , request additional or different information and Partnership shall promptly supply such information in the reports required hereunder. Partnership shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by Agency with respect to all matters covered by this Agreement. Partnership, at such time and in such forms as Agency may require, shall furnish to Agency statements, records, reports, data and information pertaining to matters covered by this Agreement. Upon request for examination by Agency, Partnership , at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Agreement. Partnership shall permit Agency to audit, examine and make excerpts or transcripts from these records. Partnership shall use the tenant income certificat ion form approved by Agency .
2 606455vl 34541/ 0003
ITEM 15

2. MAINTENANCE. The Partner ship and all successors in interest , agree that they shall, pursuant to agreements to be reviewed and approved by Agency, maintain the improvements and landscaping on the Propei:ty in a clean and orderly condition and in good condition and repair and keep the Property free from accumulation of debris and waste materials.

3. NO TRANSFER . Except for a transfer to an affiliate or subsidiary of Borrower or other entity controlled by Borrower , Partnership shall not sell, transfer , or otherwise convey the whole or any part of the Property without the prior approval of Agency , which shall not be unreasonably withheld. Partnership shall request approval by written notice at least ninety (90) days prior to any proposed transfer. This prohibition shall not be deemed to prevent the granting of easements or permits to facilitate the development of the Property , to prohibit the Partnership from obtaining financing for the development and operation of the Project, or to prohibit or restrict the leasing of units when the Project is completed . ,---.·- - -,--· .... ~-,- ... . T\.~A~TAGE 1EDTJ.'-- D!•ri11g. t he.. tenn . 0:. :hi~ Ag,;'!e~"'nt,--th~--~:~2;;::-:;~i-p ~h-;!! promptly notify Agency in the event there is any change in the properij management company managing the Project, provided however that Agency shall not have the right to approve or disapprove · the management agent except to ensure compliance with this Agreement.

5. NO DISCRIMINATION. The Partnership covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed , religion, sex, marital status, ·source of income, sexual orientation, physical handicap , medical condition, national origin or ancestry in the sale, lease, sublease , transfer , use, occupancy , tenure or enjoyment of the Pro perty, nor shall the Partnership itself or any person claiming under or through it establish or permit any such pract ice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants , lessees, subtena nts, sub lessees or vendees in the Property .

6. NONDISCRilv.fJNATION AND NONSEGREGATIO N CLAUSES . All deeds, leases or contracts made relative to the _Property , the impro vements thereon or any part thereof, shall contain or be subject to substantially the following nondisc rimination and nonsegregation clauses: . :·,
A. In deeds : 'The grantee herein covenants by and for himself or herself , his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discriminati on against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, source of income, sexual orientation , physical handicap, medical condition , national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed , nor shall the grantee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection , location, number, use or occupancy of tenants , lessees, subtena nts, sublessees or vendees in the land herein conveyed. The forego ing covenants shall run with the l~nd. 3 606455v1 34541/0003
ITEM 15
B. In leases : The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, source of income, sexual orientation, physical handicap, medical condition, nationa l origin or ancestry in the leasing, subleasing, transferring , use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregat ion with reference to the selection, location, number, use or occupancy of tenant s, lessees, sublessees , subtenants or vendees in the land herein leased.

C. In contracts: There shall be no discrimination against or segregation of ~•.,.~""-!·_;.-.-•- -~ .. -- .... ~n"' .. '7'_qr-.con ""r, O-~.(\t\p .!'.\f t".",~ ... ~,.. 'l"\f'. !'?1 . ~("'f". l"'!l )r+. '"'f ":"l_("~ r n 1 n~ r_;-p,.~d . _:-ofi n--1r-r <:L>V ,.,.,-?;r·;t!" l - ~t-=-tv .. c- - . •~ ) f'.,_,.,..., • T y, LJ"..._,;.., - ,-· .::: •~'-• '· .,.. . .. -·-·- -,.. • ....,.._..,~, ., - -\.,,,•• . ,•I•. J • .,~._., •-.,,-~ 1.-~ ~ , ~ .. ~'\ - #. v .. ,. > -., source of income, sexual o.dentation, physical handicap, medical condition , national origin or ancestry in, the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants , lessees, sub lessees, subtenants or vendees in the land.

7. NO IMPAIRMENT OF LIEN. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument ; provided, however, that any successor of Partnership to the Property shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure , trustee's sale or otherwise.

8. DURATION. The covenants contained in paragraphs 1, 2, 3 and 4 of this Agreement shall be deemed-.to. run with the land and shall remain in effect for a period of forty ( 40) years from the date of recording of this Agreement. The covenants against discrimination contained in paragraphs 5 and 6; of this Agreement shall be deemed to run with the land in accordance with Sections 33334.3(£)(2) and 33438 of the Health and Safety Code or any successor statute and shall remain in effect in perpetuity .

9. SUCCESSORS AND ASSIGNS . The covenants contained in this Agreement shall be binding on the Partnership and any successor in interest to the Property or any part thereof for the benefit of Agency and its successors and assigns, and such covenants shall run in favor of Agency and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether Agency is or remains an owner of any land or interest therein to which such covenants relate. Agency, and such aforementioned parties, in the event of any breach of any such covenants , shail have the right to exercise all of 4 606455vl 34541/0003
ITEM 15
the rights and remedies, and to maiptain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Agreement shall be for the benefit of and shall be enforceab le only by Agency, and its respective successors and such aforementioned parties.

10. SUBORDINATION . Upon written request by Partnership , Agency shall agree that the terms and conditions of this Agreement shaIJ be subject to and subordinate to the terms and conditions of financing obtained by Partnershjp, through a lender acceptable to Agency (the "Lender") and upon terms and conditions reasonably approved by Agency, to be secured by a mortgage against the Property; and provided that if such financing is not provided pursuant to an adopted federal or state program, such Lender shall agree to include in its deed of trust conditions acceptable to Agency, such as: (i) Agency shall receive any notices of default issued by Lender to Partnership ; (ii) Agency shall have the right to cure any default by Partnership within forty-five ( 45) days after receipt by Agency of a notice of default; (iii) if Agency takes ~-.,.-- . ··--:i:---'-~-··1iJI§ .. tQ)Q~ prnperty __ ~Q~ ~ute.~ :l.J.1.Y .~!:-!~~ c!~fa_1,1lt; th~ Len~der ,s_ha! L.not _exei::~_ise. }J1V ri~:ht it. TD-~V ,. have to accelerate its d~bt by reason of the transfer of title to Agency; and {iv) i\genc y shall have the right to transfer the Property to a nonprofit corporation who shall own and operate the Property as an affordable rental Project with the consent of such lender, which consent shall not be unreasonably withheld.
[Signature Page Follows]
5 606455vl 34541/ 0003
ITEM 15
Dated:

Dated:
606455vl 34541/0003
AGENCY:

THE REDEVELOPMENT AGENCY OF THE
CITY OF CERES, a public body, corporate and
polit~ ~
By p---L~
Executive Director
RIVER CREST, a Californ ia limited
partnership
By:

By:
6 Housing Alternatives, Inc., a California
nonprofit public benefit corporaton, its
managing general partner ·
a~ ElvaGrant,ExecutiveDi
Professio nal Apt. Manageme nt Inc., a
California corporation, its c -general
partner
ITEM 15
, ... --·.

STATE OF CALIFORNIA )
COUNTY OF.$;ir'\.:SO(T--")
) ss
On~b. \<?; , 2Dt:4- before me the undersigned, a notary public, personally appeared __ _ _ Dau, c\ =>- f'n i c...hO~
personally known to me, or
proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he~executed the same in hislfre.l:_authorized capacity, and that by hisnte.( signature on the instrument the person, or the entity upo n behalf of which the person acted , executed the instrument.
vliTi-m5.s 11iy 1ia1iu and uiI1ciai se·a1.

Signature fY\& k;Jl
-✓~~~~~,*-. t::~e ... 7 •···"" --.. --·- ··-
~1 ·-~'-~;~;,~., MARY.\N.N HUNT!!>
o !' ·- COMM. # 1403695 C
J ~ . NOTARY PUBLIC· CALIFORNIA ~

SAN JOAQ UIN COUNTY I
My Commission Expires Mar. 4, 2007
* * * * * * * * * * * * * * * *

STA TE OF CALIFORNIA )
COUNTY OF &mtJISL:AUS )
) ss
On 2.- /75-D4
KE:R e.
, before me the undersigned , a notary public , personally appeared -n !Y'-- C X )
( )
personally known to me, or
proved to me on the basis of satisfactory evidence
I
to be the person whose name is subscribed to the within instrument and acknow ledged to me that he/&lte-executed the same in his/ltet:-authorized capacity , and that by his/lteNignature on the instrument the person, or the entity upon behalf o f which the person acted , executed the instrument.

WITNESS my hand and offic ial seal.

SignaturLZ? __ _
])eN\'5e ~KIN S
Cov'\flffi. ~P. t2..~ 2..z-04
606455v1 34541/0003
ITEM 15
' 'l
State of California
County of..._,S'uf\ ~ ~i .. ,.' '"'
o~-e, b. 2 ~/ Zodt beforeme~:: .~ -~:~: ( •. ~::ary ~~l'c:_ personally appeared t:.. \ 0 o... L . ~~
Name(•) ol Sq,ei(s)
.::5:i, personally known to me
D proved to me on the basis o f satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
the sa,ne in hisililir/tht: r author::1.e.d
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.

WITNESS my hand and official seal.

N\t=t- .CCJ·
Signa1U<t ol Notary Pl.c.ic
----- - -------OPTTONAL-------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document
Title or Type of Document:--- --~ ----- --- - - --- -------- Document Date: __________________ _ Number of Pages: ____ _ .,
Signer(s) Other Than Named'Above: _ ___ _______ ___________ _ _ I
Capacity(ies) Claimed by Signer
•l
Signer's Name: _____________________ _ _ _
0 Individual
D Corporate Officer - Title(s): ____ ___ _______ ___ _
D Partner - D Limited D General
D Attorney-in-Fact
D Trustee
. ,,,,,,:,~- ~;-:

Top of thumb here ,,
;!
•I
I
D Guardian or Conservator
D Other: _ ___ _____ _____ _ ___ ___ ___ _
Signer ls Representing:·
. = .......... ~..:.___.,,.,...,_.~
C 1999 NatioOlll Nolary Assooat,on • 9350 De So<o Ave .. P.O Sox 2402 • Cllalsworth, CA 9 I 313-2402 • www.na,10na1notary.or9 Prod. No. 5907 Reorder. Callot-F,ee l •l!00-876-6827

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 28, 2023
TO:

FRO
M:

CONTA
CT:

SUBJECT:

Mayor and City Council
Douglas D. Dunford, Interim City Manager
Tamra Spade, Redevelopment/Economic Development Manager [email protected], (209) 538-5773
Preliminary Report on the Economic Development Strategic Plan 2023-2 027
RECOMMENDED COUNCIL ACTION:

Staf
f recommends City Council provide comments and feedback on the draft Economic Development plan. Staff will schedule and conduct community meetings, gather more feedback, and bring a final recommendation to City Council.

I. BACKGROUND:

June 27, 202
2, the Council authorized the execution of the professional services agreement with Chabin Concepts to prepare an Economic Development Strategic Plan update for the City of Ceres in the amount not to exceed $45,500. Chabin Concepts has provided a draft plan with goals and objectives identified in the 2018 General Plan.

Following this informational presentation, two public workshops will be conducted to collect further public input prior to a final presentation to City Council.

The previ
ous Economic Development plan, implemented in 2013, suggested the following Economic Development initiatives:

1. Adopt
ion of an organizational strategy

2. Identify and strengthening key partnerships.

3. Mayor’s Economic Advisory Council

4. General Plan update

5. Redesign City Economic Development Webpage

6. Economic Development Manager has direct reporting relationship with City Manager.

The 2013 S
trategic Plan action plan was successfully implemented, achieving its objectives. However, the passage of time has prompted certain revisions in response to evolving circumstances. One significant change involves the reporting hierarchy of the Economic Development Manager. Previously, the manager maintained a direct reporting ITEM 16
relationship with the City Manager. However, effective 2022, this reporting structure was revised, and the Economic Development Manger now reports through the Director of Community Development.

T
he 2023-2027 draft Economic Development update suggests the following:

1. I
ncrease the capacity for implementing an aggressive and effective Economic Development program by increasing the Economic Development budget to support the programs and actives.

2. Add to staff capacity by adding support staff and expanding and strengthenin g partnerships.

3. Initiate a strong and consistent business attraction program focused on diversifying the economy and attracting targeted industries.

4. Maintain up- to-date market information, maps, and overview of the development opportunities in Ceres , the permitting process, and other key information for businesses.

A
pproved by: ____________________
Douglas D. Dunford
Interim City Manager
ITEM 16
City of Ceres
Economic
Development
Work Plan
2023
ITEM 16
Objectives
• Update the 2013 Economic
Development Work Plan
• Goals and direction for
staff
• Investment to create
employment, diversify
economic base for a more
resilient economy
DeliverablesActivities
Competitive Analysis
• Economic scan, data trends
• Interviews
• Existing documents
• Site Visit – field
investigation to validate
research findings, uncover
opportunities
Work Plan
• Gap Analysis
• Tactical Recommendations
• Development Site
Recommendations
• Target Industries and
Value Proposition
ITEM 16
Gap Analysis
City of Ceres has the assets to be
competitive in economic development:
• Location, market access
• Excellent K-12, CTE and Higher
Education Resources and Partnerships
• Affordability
• Land slated for industrial development
• Median age younger than area
• Commuting population
• Professional, service-oriented E.D. staff
Location factors considered by Employers
ITEM 16
… there are challenges
• Market-ready sites for industry = limited
• Talent pipeline growth = flat
• Consensus on E.D. goals = unsure
• Development services staffing = limited
• Tools and materials to support
implementation = needed
… and opportunities
• Ag Tech
• Traditional and Advanced Manufacturing
• Cold Storage
• Biofuels
• Retail, Downtown
ITEM 16
Work Plan
• Prepare industrial
site
• Road widening
and Interchange
projects
• Infrastructure
plans and timeline
Real Estate
• Increase financial
and staff capacity
• CommunAications
• KPI
Operations
• Property inventory
• Business cases
• E.D. Website
• Operating cost
database
Tools
• Collaborative
business outreach
• Business attraction
with regional
partners
• Contract for lead
generation
Tactics
ITEM 16
Next Steps
•Begin efforts to gain
control of the Future
Industrial site
•Planning and Building
Depts. fully staffed
•Determine KPIs and
baseline
30 Days
•Establish E.D. budget for
activities and tools
•Schedule demos on
recommended tools and
services
60 Days
•Issue E.D. website RFP
•Begin building tools –
key messages, business
cases, proposal content
90 Days
ITEM 16
Questions?
Vicki Doll, Chabin Concepts
[email protected]
530.345.0364
Don Schjeldahl, DSG Advisors
[email protected]
828.772.9374
ITEM 16