Agenda — Ceres City Council, May 13, 2024 (part 1 of 2)

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, May 13, 2024 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: James Casey (District 1); Rosa linda L. Vierra (District 2); Daniel A.

Martinez (District 4)

INVOCATION

Invocation by Pete Kirchhoff, Youth for Christ Central Valley.

Click this link to join the webinar:
https://us02web.zoom.us/j/89051540023?pwd=Ums4R2pyOFRaMGdMRnhQRWx4L1VWZz09

Webinar ID: 890 5154 0023; Passcode: 230068; or Dial: (669) 900-6833

PUBLIC COMMENTS VIA ZOOM HAVE BEEN SUSPENDED. PUBLIC COMMENT DURING THE MEETING MUST BE MADE IN-PERSON. MEMBERS OF THE PUBLIC MAY STILL VIEW THE MEETING VIA ZOOM.

REMOTE PUBLIC COMMENT IS 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 [email protected].

AGENDA
Regular City Council Meeting
May 13, 2024

Page 2 ends

PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS
A. Public Works Week Proclamation
B. Drinking Water Week Proclamation
C. Stroke Awareness Month Proclamation & Presentation
D. Ceres Police Department Update
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes).

While the City Council welcomes and encourages pa rticipation 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 emerge ncy 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 consider ed routine in nature and will be enacted by a single motion unless otherwise requested by an individual Coun cilmember 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 a genda of the May 13, 2024 City Council Meeting was Posted on Wednesday, May 8, 2024. (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 Apr il 22, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dat ed April 11, 2024 through April 25, 2024. (Esenwein)
AGENDA
Regular City Council Meeting
May 13, 2024

Page 3 ends

5. General Correspondence – Information Only
a. Report on International Council of Shopping Centers A nnual Conference. (Aguirre)

6. A) Resolution No. 2024-XXX , Calling for the Holding of a General Municipal Election to be Held on Tuesday, Novem ber 5, 2024 for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and the Ceres Municipal Code. (City Clerk)

B) Resolution No. 2024-XXX, Requesting the Board of Supervisors of Stanislaus County to Consolidate a General Munici pal Election to be Held on Tuesday, November 5, 2024, with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code. (City Clerk)

C) Resolution No. 2024-XXX , Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statem ents Submitted to the Voters at a General Municipal Election to be Held on Tuesday, November 5, 2024. (City Clerk)

7. Resolution No. 2024-XXX , Accepting the River Ranch Sewer Lift Station Power Upgrade Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of t he Notice of Completion, and Releasing the Remaining Retention to the Contractor. (Royal)

8. Resolution No. 2024-XXX , Accepting the Well 16 Gr anular Activated Carbon Chamber Project as Complete, Approving the Balancing Contract Change Order, Authorizing the Filing of t he Notice of Completion, an d Approving Releasing the Remaining Retention to the Contractor. (Royal)

9. Resolution No. 2024-XXX , Approving a Purchase Order with Valley Air Conditioning & Heating to Replace the Air Conditioning Units at City Hall and Authorizing the City Manager to Execute the Purchase Order. (Royal)

10. Resolution No. 2024-XXX , Approving a Contract Services Agreement with Industrial Electrical Co., Inc. for Generator Preventat ive Maintenance and Authorizing the City Manager to Execute the Agreement. (Royal)

11. Resolution No. 2024-XXX, Approving the Acceptance of Grant Funding from the State of California on Behalf of the Federal Emergency Management Agency for Severe Storm Disaster #4683DR and Designating the City Manager as the Authorizing Agent. (Royal)

12. Resolution No. 2024-XXX, Approving an Agreement with Motorola Solutions, Inc. for the Purchase and Installation of a Security Camera System at the Public Works Corporation Yard and Aut horizing the City Manager to Execute the Agreement. (Royal)
AGENDA
Regular City Council Meeting
May 13, 2024

Page 4 ends

13. Resolution No. 2024-XXX , Approving a Professiona l Consultant Services Agreement with Dokken Engi neering, Inc. for SR99 Service/Mitchell Road Interchange Design Review and Conceptual Alternatives (Project Number 2303), and Authorizing the City Manager to Execute the Agreement. (Beltran)

14. Resolution No. 2024-XXX , Approving a Professional Services Agreement with O’Dell Engineering for the Design Services of the STPL-5241 (080) Moffett Road Rehabilitation, Project #2407 and Sewer Replacement for Moffett Road and Fowler Road, Project #2417 and Authorizing the City Manager to Execute the Agreement. (Beltran)

15. Resolution No. 2024-XXX , Declaring the Intention to Annex Territory into Community Facilities District No. 3 (Public Services) and Authorizing the Levy of Special Taxes (3605 9
th Street; APN 127-025-009). (Simvoulakis)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

None

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

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

 Mayor
 City Council
 City Manager
 City Attorney
AGENDA
Regular City Council Meeting
May 13, 2024

Page 5 ends

 Departments
 County Supervisor

CLOSED SESSION

16. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

17. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Emily Tom Mitsopoulas
Agency Claimed Against: City of Ceres

REPORT FROM CLOSED SESSION

None

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 10, 2024. There will be a Special City Council Meeting held on May 28, 2024. Both meetings will be held 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 publ ic 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 majori ty of the City Council regarding any item

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 Counc il Meeting was posted on Wednesday, May 8, 2024, at the following locations in Ceres:

 Community Center Display Case – 2701 Fourth Street

_______________________________________________________________________________________________________________________________ ___________________________ Fallon Martin, City Clerk
AGENDA
Regular City Council Meeting
May 13, 2024

Page 6 ends

on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may ca ll 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).

MAY 19 – 25, 2024

NATIONAL PUBLIC WORKS WEEK
“Advancing Quality of Life for All”

WHEREAS, public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well -being of the people of Ceres; and

WHEREAS, these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and

WHEREAS, it is in the public interest for the citizens, civic leaders, and children in City of Ceres to gain knowledge of and maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and

WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association/Canadian Public Works Association.

NOW, THEREFORE, I, Javier Lopez, Mayor of the City of Ceres , on behalf of the City Council, Vice Mayor Bret Silveira, Councilmembers James Casey, Rosalinda L. Vierra, and Daniel A. Martinez, hereby designate the week May 19 – 25, 2024, as National Public Works Week. I urge all citizens to join with representatives of the American Public Works Association and government agencies in activities, events, and ceremonies designed to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and advancing quality of life for all.

Proclaimed this 13
th day of May 2024

___________________________
Javier Lopez, Mayor
ITEM A
ITEM A

MAY 5 – 11, 2024

DRINKING WATER WEEK

WHEREAS, water is our most valuable natural resource; and

WHEREAS, drinking water serves a vital role in daily life, serving an essential purpose to health, hydration and hygiene needs for the quality of life our citizens enjoy; and

WHEREAS, tap water delivers public health protection, fire protection, support for our economy and the quality of life we enjoy; and

WHEREAS, the hard work performed by the entire water sector, designing capital projects, operators ensuring the safety and quality of drinking water or a member of a pipe crew maintaining the infrastructure communities rely on to transport high quality drinking water from its source to consumers’ taps; and

WHEREAS, the coronavirus pandemic has shone a light on the importance of drinking water for health, hydration and hygiene needs; and

WHEREAS, we are all stewards of the water infrastructure upon which current and future generations depend; and

WHEREAS, the citizens of our city are called upon to help protect our source waters from pollution, practice water conservation and get involved with their water by familiarizing themselves with it

Proclaimed this 13
th day of May 2024

___________________________
Javier Lopez, Mayor
ITEM B
ITEM B

DECLARING MAY 2024
AS

NATIONAL STROKE AWARENESS MONTH

WHEREAS, a stroke, sometimes called a brain attack, occurs when something blocks blood supply to part of the brain or when a blood vessel in the brain bursts; and

WHEREAS, a stroke can cause lasting brain damage, long- term disability, or even death; and

WHEREAS, in 2021, one in six deaths from cardiovascular disease was due to stroke; and

WHEREAS, every 40 seconds, someone in the United States has a stroke and every three minutes and 14 seconds, someone dies of stroke; and

WHEREAS, patients who arrive at the emergency room within 3 hours of their first symptoms often have less disability three months after a stroke than those who received delayed care; and

WHEREAS, stroke patients who are taken to the hospital in an ambulance may get diagnosed and treated more quickly than people who do not arrive in an ambulance. This is because emergency treatment starts on the way to the hospital. The emergency workers may take you to a specialized stroke center to ensure that you receive the quickest possible diagnosis and treatment; and

WHEREAS, rehabilitation after a stroke begins in the hospital, often within a day or 2 after the stroke. Rehab helps ease the transition from hospital to home and can help prevent another stroke.

Proclaimed this 13th day of May 2024

___________________________
Javier Lopez, Mayor
ITEM C
ITEM C
Doctors Medical Center of Modesto Stroke Support Group and Stroke Team May 13th, 2024
Credit: SaturnO_27 - stock.adobe.com
ITEM C
ITEM C
Why Talk About Stroke?
• Every 40 seconds, someone in the United States has a stroke. • Every 3.5 minutes, someone dies of stroke.
• Every year, more than 795,000 people in the U.S. have a stroke. • Nearly 1 in 4 stroke survivors are at risk of having another stroke. • Stroke is a leading cause of death and serious long-term disability. • 44.2% of stroke victims are 65 years old or younger.
• Black people are twice as likely to have a stroke than White and have the highest rate of death due to stroke. Hispanic people also have a higher risk of death. cdc.gov/stroke.org
ITEM C
ITEM C
How Do You Know if You or a Loved One is Having a Stroke? ITEM C
ITEM C
What are the Risk Factors of a Stroke?
ITEM C
ITEM C
What are the Types of Strokes?
ITEM C
ITEM C
What is the Treatment for Stroke?
Ischemic (Clot)

AND A DEVICE
ITEM C
ITEM C
What is the Treatment for Stroke?
Hemorrhagic (Bleed)
ITEM C
ITEM C
Where Can You Get Help and Why?
In our region, DMC is the only
Comprehensive Stroke Center
Delivering care by:
 Prevention
 Recognition
 Expert Diagnosis and
Advanced Treatment
 Post Acute Care
ITEM C
ITEM C
There is Support for Stroke Survivors and Caregivers!
Thank You!
ITEM C
ITEM C
ITEM C

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)

City Council Chambers, 2701 Fourth Street
Monday, April 22, 2024 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 April 22, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

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
Casey
District 2
Councilmember
Vierra
District 4
Councilmember
Martinez
District 3
Vice Mayor
Silveira
Mayor Lopez
Present Present Pres ent Present Present

INVOCATION

Invocation by Jim Stochl, Harvest Presbyterian Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS

A. Arbor Day Proclamation

Mayor and Council presented a proclamation for Arbor Day.

B. Love Ceres Proclamation

Mayor and Council presented a proclamation for Love Ceres.

C. Cinco de Mayo Proclamation

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
April 22, 2024

Page 2 ends

Nelson Gomez with South Modesto Bu siness United (SMBU) accepted the proclamation.

D. Wastewater Treatme nt Plant Improvements

Schneider Electric gave a presentation on potential future improvements to the wastewater treatment plant.

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

John Warren spoke regarding the project’s life cycle, cost, and how it will be funded.

Maylor Lopez closed public comment.

Council and staff discussion included t he length/timeframe of the project, accommodating future growth, hiring locally for the project, if the current space sufficient for the upgrades, and whether it will include any off-site improvements.

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

Gavin Cline spoke regarding updates from Congressman John Duarte’s office.

Justin Farkas spoke regarding updates from Assemblyman Juan Alanis’ office.

Destiny Condit spoke regarding updates from Senator Marie Alvarado-Gil’s office.

Tony Madrigal spoke regarding the annual Day of the Child event on Saturday, April 27 th
from 12:00 p.m. – 4:00 p.m. at El Rematito.

Cynthia Ruiz spoke regarding SMBU’s adoption of Caswell Elementary for this year’s Posada event.

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONFLICT OF INTEREST DECLARATION

None

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
April 22, 2024

Page 3 ends

CONSENT CALENDAR

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving items 1 – 4 and 7 – 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 a genda of the April 22, 2024 City Council Meeting was Posted on Wednesday, April 17, 2024. (City Clerk)

3. Approval of Minutes for the April 8, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dat ed March 27, 2024 through April 3, 2024. (Esenwein)

5. Removed for separate consideration.

6. Removed for separate consideration.

7. Resolution No. 2024-43, Accepting the Don Pedro Park Trail Project as Complete, Approving the Balancing Contract Change Order, and Authorizing the Filing of the Notice of Completion, and Releasing the Re maining Retention to the Contractor. (Royal)

8. Resolution No. 2024-44, Approving the Use of American Rescue Plan Act Funds to Sponsor the Annual Ceres Street Faire and Authorizing Staff to Move Forward with the Expenditure. (City Manager)

9. Removed for separate consideration.

10. Removed for separate consideration.

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 5: Removed for separate consideration by Councilmember Casey

General Correspondence – Information Only
a. Public Works Monthl y Report for March 2024 (Royal) ITEM 3

DRAFT MINUTES
Regular City Council Meeting
April 22, 2024

Page 4 ends

b. Redevelopment & Economic Developm ent Report for January – March 2024 (Aguirre)

Councilmember Casey spoke regarding weed abatement.

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

Council and staff discussion included the Fire Department’s process for weed abatement, how to report weed abatement requests, and bathrooms at Strawberry Fields Park.

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, 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 6: Removed for separate consideration by Councilmember Casey

Resolution No. 2024-42, Approving the Memorandum of Understanding (MOU) for Regional Fire Authority Funding for the Fire Training Facility Project and Authorizing the City Manager to Execute the MOU. (Wise)

Councilmember Casey inquired what the money is being used for and how the rest of the project will be funded.

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

Action: Motion by Councilmember Martinez, seconded by Vice Mayor Silveira, approving item 6. Motion carried 4/1/0/0 by the following roll call vote:

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

Item 9: Removed for separate consideration by Councilmember Vierra

Resolution No. 2024-45, Adopting in Concurrence with Stanislaus Urban County Consortium the Fiscal Year 2024-2025 Annual Action Plan for the Community Development Block Grant and Home In vestment Partnersh ips Programs, and Support of Submission to Housing and Urban Development (HUD). (Aguirre)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
April 22, 2024

Page 5 ends

Councilmember Vierra spoke regarding money from the consortium and public meetings.

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

Council and staff discussion included estimat ed allocations, public workshops and how they were noticed, written and verbal comments will be accepted up until May 9, 2024, old consortium money and future committee meetings.

Action: Motion by Councilmember Martinez , seconded by Councilmember Vierra, 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

Item 10: Removed for separate consideration by Councilmember Vierra

Resolution No. 2024-46, Approving a Contract with Motorola Solutions, Inc. for a Citywide Avigilon Card Access System Upgrade, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (City Manager)

Councilmember Vierra spoke regarding the use of ARPA funds, future system integrations and the selection process.

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

Council and staff discussion in cluded funding, age of previ ous keycard system and how upgrades tie into the current system.

Action: Motion by Councilmember Vierra , seconded by
Councilmember Martinez , approving item 10. 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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
April 22, 2024

Page 6 ends

PUBLIC HEARING

None

NEW BUSINESS

None

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

None

REPORTS

 Mayor

Nothing to report.

 City Council

Councilmember Vierra spoke regarding economic development and housing conversations with Assemblyman Juan Alanis and Senator Marie Alvarado-Gil, traffic issues, a town hall meeting related to housing in conjunction with Assemblyman Juan Alanis, SB 268, a women’s mental health awareness workshop on May 9 th, attending
a TID board meeting, and Love Ceres.

Councilmember Martinez spoke regarding Cere s’ State of the City, South Modesto Business United choosing him to be the grand marshal at the upcoming Cinco de Mayo parade, and the post-Christmas parade meeting.

 City Manager

Nothing to report.

 City Attorney

Nothing to report.

 Departments

Nothing to report.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
April 22, 2024

Page 7 ends

 County Supervisor

Nothing to report.

CLOSED SESSION

11. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

Mayor Lopez stated the Closed Session item had been cancelled.

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

REPORT FROM CLOSED SESSION

None

ADJOURNMENT

The next regularly scheduled City Council Meeti ng will be held on April 22, 2024 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 meeting at 7:02 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
ITEM 3
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
ITEM 4
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: May 13, 2023
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Economic Development Manager
[email protected], (209) 538-5773
SUBJECT: Report on International Council of Shopping Centers Annual Conference
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BA
CKGROUND:

The International Council of Shopping Centers (ICSC) hosts an annual conference in Monterey, California to bring together “dealmakers and industry experts, who are driving innovation and evolution in the marketplaces industry.” This 2- day event is designed for networking between local and state governments, real estate brokers, retail business representatives, and commercial developers. The conference in 2024 was held March 26 through March 27. The City of Ceres was represented by Julian Aguirre ( Economic Development Manager).

Many cities throughout the state attend this event to promote their community and attract businesses. The list of attendees includes city staff and economic development managers as well as property owners looking to develop. Some cities go as far as reserving booth space at the conference to create a designated location for development meetings and networking to occur. By including a variety of city team members, a city can showcase their positive and collaborative approach to development.

When r eporting on the activities and outcomes of the networking efforts from the conference, it is advisable to maintain privacy for specific business names and locations to protect their competitive advantage. Best practice is to inform the public about an upcoming development once an application is submitted and a public meeting is scheduled, such as at Planning Commission or City Council.

While staff will adhere to these best practices to maintain business privacy, staff can share the following list showing the types of retail that was explored for potential development:

ITEM 5a

1. Medium-sized grocery store chain

2. Broker representing multiple grocery stores

3. Seasonal retail/supply store

4. Real estate development company that specializes in retail and multifamily

5. Parent company representing multiple fast-food restaurants

6. S it-down restaurant that is not yet within Stanislaus County, but is popular in nearby areas

7. C lothing store

8. Fast-food restaurant specializing in sandwiches

9. Broker representing indoor recreation companies

10. Big box retail

11. Hybrid movie theater/restaurant operator

12. Business/modern hotel

13. Broker representing medical and dental offices

14. Mini Mart Gas Station with EVC Company

15. Nation wide Auto Motive Oil change company

A major success coming from ICSC 2024 was from a meeting with a company representing multiple fast-food restaurants and engaging with an investor who is looking at a potential grocery site in Ceres. More information will be forthcoming as staff continues to have discussions with this developer and an application is submitted.

Another promising prospect includes ongoing conversations with a broker for long-term development of a big box retail center. Certain infrastructure is necessary as a precursor to this development, and the City will continue preparing for this opportunity.

Approved by: ____________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – List of Contacts

ITEM 5a

ATTACHMENT A
• Oil Express Company
o Potential of two sites maybe three
o Expressed the parcel next to the Teachers Association, Old Wal Mart and Morgan and Whitmore
• Fast Food Chain
o Provided parcel off Morgan and Whitmore
o Ajmer (Property Owner) has submitted a site layout to the Real Estate Director • Retail Store
o Discussion of potential site locations within City of Ceres o Copper trails may be a potential site.
o Provided a parcel off Mitchell and Whitmore as they need approx. 25k sqft • Inspire Brands
o Several Fast-food under this brand
o One store was to open in Ceres, they are looking into what has happened. o Provided additional sites for them to look at.
o Discussed process on bringing some of their establishments into our area.  Need to reach out to existing businesses and see if they would like to open in Ceres.
• United Growth
o National retail Development and investment
o Provided associate with two major locations also, presented copper trails. o Provided parcel maps to associate.
o Will continue to follow up and stay engaged with associate. • Kosmont Companies
o Engaged with President of the company.
o Real Estate / Economic Development Advisory group
• Jersey Mikes
o Sub Sandwiches
o Provided potential sites // linked to two property owners in Ceres. • Gentile Commercial
o Real estate broker
o Engaged with Agent who requested to see property parcels in city of Ceres. o Provided Three sites.
o Linked with Ajmer for potential grocery story – Still in communication – • Retail Strategies
o National expert in recruiting businesses on behalf of communities o 150k for three-year contract with minimum of 30 retailers, restaurants, brokers and/or developers per year. Provides Data and Consumer Analysis, real Estate Analysis, Retail Recruitment Plan and customized marketing Guide. o National Conference representation
• Galleli Real Estate
o Commercial Real Estate Company
o Providing Parcel owners contact information for potential development. • Universal Site Services
o Property Maintenance and site service company
o Currently has several Contracts within the city of Ceres, looking to expand to more plazas.
• Pacificus IV
o Master Planning, Real Estate Development, Project Management o Linked to Parcel owners
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT:

Resolution No. 2024 -XXX, Calling for the Holding of a General Municipal Election to be Held o n Tuesday, November 5, 2024 f or the Election o f Certain Officers a s Required b y the Provisions o f the Laws of the State of California Relating t o General Law Cities and the Ceres Municipal Code

Resolution No. 2024-XXX, Requesting the Board of Supervisors of Stanislaus County to Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2024, with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code

Resolution No. 2024- XXX, Adopting Regulations for Candidates for Elective Office Pertaining to Candidate’s Statements Submitted to the Voters at a General Municipal Election to be Held on Tuesday, November 5, 2024
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approves resolution calling the General Municipal Election of November 5, 2024, requesting the Stanislaus County Board of Supervisors consolidate the General Municipal Election with the Statewide General Election, adopting regulations regarding Candidate Statements, and setting the amount of the deposit required of candidates who elect to prepare a Candidate Statement to be included in the ballot pamphlet.

I. BACKGROUND:

The California Elections Code requires the governing body (City Council) of the local agency to issue a proclamation or resolution calling the election (General Municipal Election) and, if desired, request the County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election being held on the same date and conducted by the Stanislaus County Registrar of Voters.

ITEM 6
Members of the City Council are elected during alternating even years. The following seats are scheduled to expire in December 2024: Mayor, Councilmember – District 3, Councilmember – District 4, and City Treasurer. The next General Municipal Election is scheduled to be held on November 5, 2024 of which the positions of Mayor, one (1) Member of City Council – District 3, one (1) Member of City Council – District 4, and City Treasurer will be voted upon.

Additionally, the City Council is authorized to adopt regulations regarding Candidate Statements (Candidate’s Statement of Qualifications) for those candidates who elect to prepare a statement to be included in the ballot pamphlet, including setting the amount of the deposit which will be due upon filing the statement.

The Stanislaus County Registrar of Voters has estimated the cost for publishing a Candidate Statement (Candidate’s Statement of Qualifications) on the November 2024 ballot. The estimated cost is approximately $1,000.00 for Mayor (at-large), City Treasurer (at-large), and City Council (by -district) candidates. These estimates are based on the number of registered voters in the respective districts. Under the proposed policy, candidates will be billed for any additional expenses and/or refunded for any excess payment associated with the filing cost of the Candidate Statements on a pro rata basis.

The three (3) proposed resolutions relate to conducting a G eneral Municipal Election on November 5, 2024, in the City of Ceres. The first resolution calls for the election of Mayor, one (1) Member of City Council – District 3, one (1) Member of City Council – District 4, and City Treasurer . The second resolution calls for the City Council to request the Stanislaus County Board of Supervisors consolidate the General Municipal Elections with the scheduled Tuesday, November 5 , 2024, General Statewide Election; and the third resolution presented to City Council is to adopt candidate statement submission regulations for any candidate seeking elective office and who is interested in publishing a statement of their education and qualifications in the voter pamphlet.

The nomination period to run for City Office opens Monday, July 15, 2024, at 8:00 a.m. and closes Friday, August 9, 2024, at 5:00 p.m. If an eligible incumbent does not file by the deadline of 5:00 p.m. on Friday, August 9, 2024, a five -day extension of the nomination period occurs to permit any qualified voter, except incumbents, to file nomination papers by Wednesday, August 14, 2024 at 5:00 p.m. Prior to qualifying as a candidate, the City Clerk will verify the residency of each potential candidate through their nomination paperwork.

II. REASONS FO
R RECOMMENDATION:

A. Ceres Municipal Code Section 2.02.020 titled, “Enumeration of officers and terms” requires all City of Ceres General Municipal Elections for all City of Ceres elective offices be held on the first Tuesday following the first Monday in even-numbered years to coincide with Statewide General Elections.

B. California Elections Code Section 10403 sets forth the procedures for cities to request the General Municipal Election be consolidated with the Statewide Election.

ITEM 6
C. The City Clerk must submit the resolutions calling for the General Municipal Election and consolidating the General Municipal Election with the Statewide Election to the Board of Supervisors of the County of Stanislaus no later than the first week of June 2024.

III. FISCAL IMPACTS:

The estimated cost to consolidate the City of Ceres G eneral Municipal Election with the Statewide General Election is estimated to be between $80,000.00 - $125,000.00. This expense has been accounted for in the FY 24-25 budget.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDIN ATION:

N/A
VII. PUBLIC PART ICIPATION:

N/A
VIII. ENVIRONMENT AL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Clerk shall send certified copies of the adopted resolutions to the Clerk of the Stanislaus Board of Supervisors for consideration by the Board and copies to the Stanislaus County Elections Official.

Approved by: ____________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution Calling for a General Municipal Election

2. Attachment B – Resolution Requesting to Consolidate the General Municipal Election with Stanislaus County

3. Attachment C – Resolution Adopting Regulations for Candidate Statements

4. Attachment D – Stanislaus County Registrar of Voters November 5, 2024 Statewide General Election Cost Estimate
ITEM 6
ITEM 6

ATTACHMENT A

Page 1 of 2 ends

CC Resolution No. 2024-XXX
RESOLUTION NO. 2024-XXX

CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION

OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF

THE LAWS OF THE STATE OF CALIFORNIA RELATING TO

GENERAL LAW CITIES AND THE CERES MUNICIPAL CODE

THE CITY COUNCIL
City of Ceres
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the election of Municipal Officers; and

WHEREAS, the terms of the Mayor, City Treasurer, District 3 and District 4 Councilmembers will expire in December 2024; and

WHEREAS, the City Council must call for elections to be held on November 5 , 2024, for the purpose of electing Mayor, City Treasurer, and Representatives for District 3 and District 4 to serve four-year terms.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Ceres, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing one (1) Mayor for the full term of four (4) years , one (1) Councilmember – District 3 of the City Council for the full term of four (4) years, one (1) Councilmember – District 4 for the full term of four (4) years, and one (1) City Treasurer for the full term of four (4) years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Stanislaus Registrar of Voters, Election Division to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the said election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Elections C ode § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.

ITEM 6

ATTACHMENT A

Page 2 of 2 ends

CC Resolution No. 2024-XXX
SECTION 5. That in all particulars not recited i n this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the said election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Stanislaus Registrar-Recorder/City Clerk, the City Council, in accordance with Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot.

SECTION 8. That the City Clerk is hereby directed to forward a certified copy of this Resolution to the Stanislaus County Registrar of Voters office.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINED: Councilmembers:

APPROVED:

________________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk, Elections Official

ITEM 6

ATTACHMENT B

Page 1 of 2 ends

CC Resolution No. 2024-XXX
RESOLUTION NO. 2024-XXX

REQUESTING THE BOARD OF SUPERVISORS OF STANISLAUS

COUNTY TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §
10403 OF THE ELECTIONS CODE

THE CITY COUNCIL
City of Ceres
WHEREAS, the City Council of the City of Ceres called a General Municipal Election to be held on November 5, 2024, for the purpose of electing one (1) Mayor, two (2) Members of the City Council to represent District 3 and District 4 , and one (1) City Treasurer for the full term of four (4) years; and

WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the Stanislaus County Registrar of Voters canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of Stanislaus County is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of the election of a Mayor, and two (2) Members of the City Council (Districts 3 and 4), and a City Treasurer for the term of office in which a vacancy was created and which ends December 2024.

SECTION 2. That the Stanislaus County Registrar of Voters, Elections Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.

SECTION 3. That the Stanislaus County Board of Supervisors is requested to issue instructions to the Stanislaus County Registrar of Voters, Elections Division to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Ceres recognizes that additional costs will be incurred by the County of Stanislaus by reason of this consolidation and agrees to reimburse the County for any costs.

ITEM 6

ATTACHMENT B

Page 2 of 2 ends

CC Resolution No. 2024-XXX
SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Stanislaus County Board of Supervisors and the County Registrar of Voters, Elections Division of the County of Stanislaus.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINED: Councilmembers:

APPROVED:

________________________________
Javier Lopez Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk, Elections Official

ITEM 6

ATTACHMENT C

Page 1 of 3 ends

CC Resolution No. 2024-XXX
RESOLUTION NO. 2024-XXX

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATE’S STATEMENTS SUBMITTED

TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 2024

THE CITY COUNCIL
City of Ceres
WHEREAS, California Elections Code section 13307, subdivision (d) provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to California Elections Code section 13307, subdivision (d) each candidate for elective office to be voted for at an Election to be held in the City of Ceres on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidate’ s statement s will be translated into all languages required by the County of Stanislaus. The County is required to translate candidate’s statements into the following languages: Spanish.

B. The County will print and mail voter information guides and candidate’s statements to all voters in the required languages. The County will make the voter information guides and candidate’s statements in the required languages available at all polling places/vote centers, on the County’s website, and in the Elections Official’s office.

SECTION 3. PAYMENT.

A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidate statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and\or State law.

ITEM 6

ATTACHMENT C

Page 2 of 3 ends

CC Resolution No. 2024-XXX

2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.

B. Pr
inting:

1. The c
andidate shall be required to pay the pro rata share of the cost of printing all City of Ceres candidate statements in English in the main voter pamphlet.

2. The c
andidate shall be required to pay the pro rata share of the cost of printing all City of Ceres candidate statements in a f oreign language required in (A) of Section 2 above, in the main voter pamphlet.

The C
ity Clerk , in conjunction with the Stanislaus County Registrar of Voters, shall estimate the total cost of printing, handling, translating, and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECT
ION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECT
ION 5. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECT
ION 6. That all previous resolutions establishing council policy on payment for candidate’s statements are repealed.

SECT
ION 7. That this resolution shall apply only to the election s to be held on November 5, 2024, and shall then be repealed.

SECT
ION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PA
SSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting thereof held on the 13th day of May 2024, by the following vote:

AYE
S: Councilmembers:

ITEM 6

ATTACHMENT C

Page 3 of 3 ends

CC Resolution No. 2024-XXX
NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAINED: Councilmembers:

APP
ROVED:
______
__________________________
Javier Lopez, Mayor
ATTEST:
______
____________________________
Fallon Martin, City Clerk, Elections Official
ITEM 6
ITEM 6

ATTACHMENT D
ITEM 6
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 202 4-XXX, Accepting the River Ranch Sewer Lift Station Power Upgrade P roject as Complete, A pproving the Balancing Contract C hange Order , A uthorizing the Filing of the Notice of Completion, and Releasing the Remaining Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a Resolution accepting the River Ranch Sewer Lift Station Power Upgrade Project as complete, approving the balancing contract change order, authorizing the filing of the notice of completion, and releasing retention to the contractor.

BACKGROUND:

The River Ranch Sewer Lift Station Power Upgrade Projecty (“ Project”) was awarded to Rolfe Construction Inc., at the February 12 , 2024 , City Council meeting. The P roject improvements included furnishing and installing new electrical vault, associated electrical & concrete work and restoration of adjacent property. River Ranch lift station is now upgraded and integrated into the Wastewater SCADA system.

II.

REASONS FOR RECOMMENDATION:

All work has been substantially completed since April 10 , 2024, and has been completed in accordance with the contract, plans, and specifications and to the satisfaction of the City.

III. FISCAL IMPACTS:

The construction authorization included a base bid amount of $90,240.00 and an 10% contingency of $9,024.00. Final construction costs totalled $90,240.00; no contingency ITEM 7
was used in this project. Funds are available in approved and allocated in the fiscal year 22/23 Capital Improvement Plan (CIP) budget account number 56795.800500.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first and second goals of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

Engineering staff coordinated with Public Works during the construction operations of the project.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following the acceptance of the improvements, the Notice of Completion will be filed, and the 5% retention will be released if no claims are filed.

Approved by: _______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Notice of Completion

3. Attachment C – Balancing Contract Change Order

ITEM 7

ATTACHMENT A
RESOLUTION NO. 2024-XXX

ACCEPTING THE RIVER RANCH SEWER LIFT STATION POWER

UPGRADE PROJECT AS COMPLETE, APPROVING THE BALANCING

CONTRACT CHANGE ORDER, AUTHORIZING THE FILING OF THE

NOTICE OF COMPLETION, AND RELEASING THE REMAINING

RETENTION TO THE CONTRACTOR

THE CITY COUNCIL
City of Ceres

WHEREAS, the contract for the River Ranch Sewer Lift Station Power Upgrade Project was awarded to Rolfe Construction Inc.; and

WHEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for River Ranch Sewer Lift Station Power Upgrade Project; and

WHEREAS, staff has recommended that this project be accepted as complete and that Rolfe Construction, Inc., be paid all sums due under the contract; and

WHEREAS, the final contract amount is $90 ,240.00 for Rolfe Construction, Inc., and the funds to cover the final payment and retention funds are available in account number 56795.800500; and

WHEREAS, once the project is accepted as complete, the contractor is to be paid all sums due under the contract less five percent (5%) retention, which said five percent (5%) retention shall be paid after filing of the Notice of Completion; and

WHEREAS, it appears that the sums due under the contract are reasonable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the River Ranch Sewer Lift Station Power Upgrade Project as complete, approves the balancing contract change order, authorizes the filing of the Notice of Completion, and releases the remaining retention to the contractor.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

____________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

ATTACHMENT B

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On February 12, 2024, the City of Ceres , a Municipal Corporation in the County of Stanislaus, State of California, accepted the bid from Rolfe Construction, Inc., for the construction of the River Ranch Sewer Lift Station Power Upgrade Project.

2. On April 17, 2 024, the said contract as a whole was completed by Rolfe Construction, Inc ., and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 13
th day of May 2024.

By: _______________________________
Fallon Martin, City Clerk
City of Ceres

VERIFICATION

I, the undersigned, affirm:

I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed in the City of Ceres, County of Stanislaus, State of California on this 13 th day
of May 2024.

By: ________________________________________,
Fallon Martin, City Clerk

ITEM 7
ITEM 7
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 2024-XXX, Accepting the Well 16 Granular Activated Carbon Chamber P roject as Complete, A pproving the B alancing Contract C hange Order , A uthorizing the Filing of the N otice of Completion, and Approving Releasing the Remaining Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a Resolution accepting the Well 16 Granular Activated Carbon (GAC) Chamber Project as complete, approving the balancing contract change order, authorizing the filing of the notice of completion, and approv ing releasing retention to the contractor.

BACKGROUND:

The Project was awarded to W.M. Lyles Co ., at the December 11, 2021, City Council meeting. The project consists of furnishing and installing two (2) granular activated carbon (GAC) vessels, all related piping, fittings including chemical feed station to house chlorine tank, nitrate & residual analyzer, chain link fencing, gates, and site preparation at Well 16 located in the alley, north of Hatch Road and west of Angie Avenue in Ceres.

II.

REASONS FOR RECOMMENDATION:

All work has been substantially completed since March 29 , 2024, in accordance with the contract, plans, and specifications and to the satisfaction of the City.

III. FISCAL IMPACTS:

The construction authorization included a base bid amount of $979,219.00 and an 10% contingency of $97,922.00. Final construction costs totaled $ 1,035,854.13; 6% ITEM 8
contingency was used in this project. Funds are available in the approved Fiscal Year 2021/22 Capital Improvement Program (CIP) in account 52795.800500.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

Engineering staff coordinated with Public Works during the construction operations of the project.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following the acceptance of the improvements, the Notice of Completion will be filed, and the 5% retention will be released after 35 days if no claims are filed.

Approved by: _______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Notice of Completion

3. Attachment C – Balancing Contract Change Order

ITEM 8

ATTACHMENT A
RESOLUTION NO. 2024-XXX

ACCEPTING THE WELL 16 GRANULAR ACTIVATED CARBON

CHAMBER PROJECT AS COMPLETE, APPROVING THE BALANCING

CONTRACT CHANGE ORDER, AUTHORIZING THE FILING OF THE

NOTICE OF COMPLETION, AND APPROVING RELEASING THE

REMAINING RETENTION TO THE CONTRACTOR

THE CITY COUNCIL
City of Ceres

WHEREAS, the contract for the Well 16 Granular Activated Carbon (GAC) Chamber Project was awarded to W.M. Lyles Co.; and

WHEREAS, the contractor has completed all work required pursuant to their contract with the City of Ceres for Well 16 GAC Chamber Project; and

WHEREAS, the Staff has recommended that this project be accepted as complete and that W.M. Lyles Co., be paid all sums due under the contract; and

WHEREAS, the final contract amount is $1,035,854.13 with W.M. Lyles Co., and the funds to cover the final payment and retention funds are available in account number 52795.800500; and

WHEREAS, it appears that the sums due under the contract are reasonable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the Well 16 G ranular Activated Carbon Chamber Project as complete, approves the balancing change order, authorizes the filing of the Notice of Completion, and releases the retention to the contractor.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

__________________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8

ATTACHMENT B

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On December 13, 2021, the City of Ceres, a Municipal Corporation in the County of Stanislaus, State of California , accepted the bid from W.M. Lyles Co. for the construction of the Well 16 GAC Chamber Project.

2. On April 10, 2024, the said contract as a whole was completed by W.M. Lyles Co. and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on the 13
th day of May 2024.

By: _______________________________
Fallon Martin, City Clerk
City of Ceres

VERIFICATION

I, the undersigned, affirm:

I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed in the City of Ceres, County of Stanislaus, State of California on this 13 th day
of May 2024.

By: ________________________________________,
Fallon Martin, City Clerk

ITEM 8
ITEM 8
ITEM 8
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 2024-XXX, Approving a Purchase Order with Valley Air Conditioning & Heating to Replace the Air Conditioning Unit s at City Hall and Authorizing the City Manager to Execute the Purchase Order
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve a purchase order with Valley Air Conditioning & Heating to replace the air conditioning unit s at City Hall, located at 2220 Magnolia Street.

I. BACKGROUND:

The two existing air conditioning units currently serving the City Hall building are rooftop packaged type units, over twenty years old and require replacement. The past three years, there were many service repairs done on both units varying from heating failure in the winter season and insufficient cooling during hot summer days. The units are coming to the end of their life cycle expectancy and overdue for full replacement.

II. REASONS FOR RECOMMENDATION:

Bids were requested from three (3) local vendors and two (2) bids were received. Valley Air Conditioning & Heating is the lowest responsive and responsible bidder for replacing both units in the amount of $32,461.00. (See Attachment B for Bid Summary) III. FISCAL IMPACTS:

Funds are available in FY 2023/24 Facilities account 67941.029900: Repair and Maintenance – Buildings.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This purchase is related to the infrastructure section of the Strategic Plan to “Ensure that the community has adequate, well-maintained infrastructure (including water, ITEM 9
sewer, streets, traffic signals, parks, sidewalks, facilities) that fosters a quality community and supports a strong economy.”
V. POLICY ALTERNATIVES:

Should Council decide not to approve the replacement, the air conditioning unit s run the risk of complete failure during the summer months, when temperature highs range on average mid-90’s and easily and frequently rise above 100 degrees.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager shall execute the purchase order.

Approved by: __________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Summary

3. Attachment C – Valley Air Conditioning & Heating Proposal ITEM 9

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A PURCHASE ORDER WITH VALLEY AIR

CONDITIONING & HEATING TO REPLACE THE AIR CONDITIONING

UNITS AT CITY HALL AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE PURCHASE ORDER

THE CITY COUNCIL
City of Ceres

WHEREAS, the current rooftop packaged air conditioning unit s serving the City Hall building are over twenty years old; and

WHEREAS, the past three years multiple heating & cooling service repairs were performed on both units; and

WHEREAS, due to the age of the unit s, replacement is recommended to provide proper cooling & heat for the City Hall building located at 2220 Magnolia Street; and

WHEREAS, quotes were requested from three local vendors and two proposals were received; and

WHEREAS, the lowest responsive and responsible bid for the replacement of the air conditioning units at City Hall was received from Valley Air Conditioning & Heating for an amount of $32,461.00; and

WHEREAS, sufficient funds are available in the Facilities FY 2023 /24 budget in Repair and Maintenance account 67941.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a purchase order with Valley Air Conditioning & Heating to replace the air conditioning units at City Hall and authorizes the City Manager to execute the purchase order.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of May 2024, 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

City of Ceres

BID SUMMARY

JOB BID: Replacement of HVAC unit for City Hall
BID DATE: March 11, 2024

BIDS RECEIVED:

COMPANY BID TOTAL
1 Valley Air Conditioning & Heating $32,461.00
2 IC Refrigeration $50,762.00
3 Pacific Breeze Air Systems Non-responsive

ITEM 9
ITEM 9

ATTACHMENT C
ITEM 9
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Samir Royal, Director of Public Works
[email protected] , (209) 538-5717
SUBJECT:

Resolution No. 202 4-XXX, Approving a Contract Services Agreement with Industrial Electric al Co., Inc. for Generator Preventative Maintenance and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a Contract Service Agreement with Industrial Electrical Co., Inc. for the Generator Preventative Maintenance in the amount of $ 30,990.00 annually for a three (3) year term and authorize the City Manager to execute the agreement.

I. BACKGROUND

The City currently has a total of nineteen ( 19) standby generators located at the Public Safety building, Fire Stations, Parks, Well and Wastewater sites. Power Gen has been providing generator preventive services since 2021. Th e Scope of Services under the current contract includes Annual and Semi -Annual Preventative Maintenance including oil and filter replacements, and comprehensive Inspections of generators/ATS and components.

I. REASONS FOR RECOMMENDATION:

A Request for Proposals (RFP) was posted on March 19, 2024. Four bids were received on April 25, 2024, and the lowest responsible bid was submitted by Industrial Electric al Co., Inc. for an amount of $30,990.00 per year. (See attachment B for Bid Summary) III. FISCAL IMPACTS:

The preventative maintenance of the City’s emergency generator s was included and programmed in the operational & maintenance budget FY23/24 in various contract services account numbers, Water account 52735.029900, Wastewater account 56725.029900, and Facilities account 67941.029900.

ITEM 10
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

There are no viable alternatives to providing the required maintenance.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City manager shall execute the contract services agreement with Industrial Electrical Co., Inc.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Bid Summary

3. Attachment C – Professional Services Agreement
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A CONTRACT SERVICES AGREEMENT WITH
INDUSTRIAL ELECTRICAL CO., INC. FOR GENERATOR

PREVENTATIVE MAINTENANCE AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, The City currently has a total of nineteen ( 19) standby generators located at the Public Safety building, Fire Stations, Parks, Well and Wastewater sites ; and

WHEREAS, in order to ensure the generators are ready to run and function should the need arise, it is necessary to perform preventative maintenance on a semi -annual and annual basis by qualified technicians; and

WHEREAS, a request for proposals was issued on March 19, 2024 and bids were due April 25, 2024; and

WHEREAS, Industrial Electrical Co., Inc. submitted the lowest responsible bid in the amount of $30,990.00 annually for a three (3) year term; and

WHEREAS, the preventative maintenance of the city’s emergency generators was included and programmed in the Operational & M aintenance budget FY23/24 in Water account 52735.029900, Wastewater account 56725.029900, and Facilities account 67941.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a contract services agreement with Industrial Electrical Co., Inc. for Generator Preventative Maintenance and authorizes the City Manager to e xecute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10

ATTACHMENT B

City of Ceres

BID SUMMARY

JOB BID: Generator Preventative Maintenance Project
BID DATE: April 25, 2024

BIDS RECEIVED:

COMPANY ANNUAL BID TOTAL
1 Industrial Electrical Co., Inc. $30,990.00
2 Power Gen, Inc. $47,971.10
3 CD & Power $54,565.00
4 Collicutt Energy $58,450.00

ITEM 10
ITEM 10

AGREEMENT
FOR

PROFESSIONAL

SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of
California, this 13th day of May 2024, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and I
NDUSTRIAL ELECTRICAL CO., INC., hereinafter referred to as "CONTRACTOR" each individually
a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

1. SCOPE

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

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

ATTACHMENT C
ITEM 10

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

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

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

ITEM 10

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

7. TERM OF AGREEMENT
This Agreement s
hall be effective May 13th, 2024 and will continue in
effect until May 13th, 2027, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

8. COMMENCE

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed THIRTY THOUSAND-NINE HUNDRED & NINETY DOLLARS ($30,990.00) annually for a three (3) year term, u nless the Parties mutually agr
ee in writing otherwise.

ITEM 10

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

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

The Contract Officer’s decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional ITEM 10
capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

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

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to ITEM 10
modify the Scope of Services provided for under this Agreement. Any material extension or change in the Scope of Services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.

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

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

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

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

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

ITEM 10
If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

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

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to

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

FOR CONTRACTOR: Name:

Address:

At
tention:

Phone:

Industrial Electrical Co., Inc.
1417
Coldwell Ave.

Modesto, CA. 95350
Rich
Hodge
(209)422-6075
FO
R CITY: Name: CITY of Ceres
Address: 2720 Second St.

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

20. INS

URANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit B.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
ITEM 10
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONTRACTOR, (2) legal dissolution of CONTRACTOR, or (3) death of key principal(s) of CONTRACTOR.

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

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

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

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

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements ITEM 10
of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

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

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

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

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

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

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

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

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

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

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

28. WARRANTY
ITEM 10
CONTRACTOR does hereby warrant and guarantee for a period of one year from acceptance of the work of improvement by the CITY that the work of improvement will be free of all defects caused by defective work or defective materials.

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

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

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

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

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

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

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

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

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

ITEM 10
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated _____________________, 2024 Dated ________________,2024 CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, City Manager Signature
Rich Hodge/Service Manager
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubi
a Goldstein, City Attorney
CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk
ITEM 10

EXHIBIT B
INS

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

Min
imum Scope of Insurance
Co
verage shall be at least as broad as:

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

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

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

1. General Liability:
(including operations, products
and completed operations)
$2,000,000 per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general aggregate
limit shall apply separately to this
project/location or the general
aggregate limit shall be twice the
required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage

3. Workers’ Compensation $1,000,000 Vendor shall maintain Worker’s Compensation
Insurance (Statutory Limits)
and Employer’s Liability
Insurance with limits of at
least one million dollars
($1,000,000).

ITEM 10

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 10

prior written notice by certified mail, return receipt requested, has been given to the entity.

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

The workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the contractor, its agents, employees, independent contractors and subcontractors.

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 10

copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors

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

ITEM 10

EXHIBIT A
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
ITEM 10
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 202 4-XXX, Approving the Acceptance of Grant Funding from the State of California on B ehalf of the Federal Emergency Management Agency for Severe Storm Disaster #4683DR and Designating the City Manager as the Authorizing Agent
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council accept grant funding from the State of California on behalf of the Emergency Management Agency (FEMA) for Severe Storm Disaster #4683DR and designate the City Manager as the Authorizing Agent.

I. BACKG
ROUND:

The Federal Emergency Management Agency (FEMA) has the authority to declare severe storm incidents as disasters and offer monetary grant relief to municipalities for emergency response and protective measures required when these incidents create an immediate threat to the health and safety of the general public.

FEMA has declared the severe storm incident which occurred between December 27, 2022, and January 31, 2023, as Disaster #4683DR and has allocated a total sum of $31,231.92 to the State of California for the emergency protective measures and debris removal performed by the City of Ceres.

II. RE
ASONS FOR RECOMMENDATIO N:

During the incident, City staff provided emergency protective measures for the severe storms to protect the public from immediate threats to lives, public health and safety, and to lessen immediate threats of significant additional damages to improved property city - wide.

ITEM 11
As cited as Project Category A, #719939 - Debris Removal, the severe storm deposited debris which needed to be cleared from improved public property and public rights-of-way (ROW) throughout the City. The City utilized qualified staff and standing contracts for debris removal operations removing stumps, trees, and vegetative debris from roads and public property. One hundred seventy trees/stumps and 4- cubic yards of vegetative debris was ultimately removed. Project Category A, grant reimbursement amount totals $15,596.00.

As cited as Project Category B, #719940 – Emergency Protective Measures, City staff worked ongoing hours, using equipment and materials in taking the emergency measures of providing flood fighting including sandbags, and security including placement of barriers. Vac trucks were used to clear storm inlets, and water pumps were placed to clear other flooded areas. Twenty employees worked for 237.14 hours of overtime , including materials, and equipment hours used to accomplish this task. Project Category B, grant reimbursement amount totals $15,635.92.

Finally, the State of California requires an Authorizing Agent in order to execute for and on behalf of the City. This Authorizing Agent will remain on file with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program until they are replaced.

III. F
ISCAL IMPACTS :

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

N/A
V. P OLICY ALTERNATIVES :

N/A
VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. P UBLIC PARTICIPATION:

N/A
VIII. EN VIRONMENTAL REVIEW :

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager shall be designated as the Authoriz ing Agent and grant funding shall be accepted.

ITEM 11

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – FEMA Disaster Award Category A

3. Attachment C – FEMA Disaster Award Category B

4. Attachment D – State of California List of Authorized Agents

5. Attachment E – Designation of Applicant’s Agent Resolution

6. Attachment F – FFTA Financial Disclosure

7. Attachment G – Payee Data Record

8. Attachment H – Small Permanent Work Project Certifications and Acknowledgements
ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE ACCEPTANCE OF GRANT FUNDING FROM THE

STATE OF CALIFORNIA ON BEHALF OF THE FEDERAL

EMERGENCY MANAGEMENT AGENCY FOR SEVERE STORM
DISASTER #4683DR AND DESIGNATING THE CITY MANAGER AS

THE AUTHORIZING AGENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Federal Emergency Management Agency (FEMA) has the authority to declare severe storm incidents as disasters and offer monetary grant relief to municipalities for emergency response; and

WHEREAS, FEMA has declared the severe storm incident that occurred between December 27, 2022 and January 31, 2023 as Disaster #4683DR; and

WHEREAS, City staff performed Project Category A, #719939 Debris Removal and Project Category B, #719940 Emergency Protective Measures during the incident ; and

WHEREAS, FEMA has allocated $31,231.92 to the State of California for the emergency response performed by the City of Ceres; and

WHEREAS, the State of California requires an Authorizing Agent in order to execute for and on behalf of the City for the purpose of obtaining federal financial assistance for any existing or future grant program; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the acceptance of grant funding from the State of California on behalf of the Federal Emergency Management Agency for severe storm disaster #4683DR and designates the City Manager as the Authorizing Agent.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
ITEM 11
Gl-
IOES I
ru

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

IIST OF AUTHORIZED AGENTS
OES-FPD-01 2 (Rev. 09-2022)

ATTACHMENT D

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
List of Aulhorized Agenls
Entity Nome: City of Ceres
CoI OES ID: 099-1 2524
. Enter eoch Authorized Agenf (AA) as lr'sted on the Designotion of Appliconfs Agenf Resolution /Co/ OES 130) for Non-Sfofe Agencies or os if oppeors on the Signofure Authority fCol OES l30SAJ for Colifornio Siole Agencies. . Check box fo receive elecfronic copies of Col OES Nofificofion of Obligofion ondlor Poymenf pockoges. (Minimum I AA.) . Emoiloddresses musf use on emoi/ fhof shores fhe officiol entify URL.

Authorized A ent Nome Authorized nt Title EmoilAddress
douglas.du nford@ci. ceres.ca.us
. An Approved Conf oct moy be designoted by on AA fo requesf or receive informotion on grant poyment stofus. Add fhem by inputfing theirinformofion be/ow. (Ex. AccountinglAdmin offices/ Musf use on officiqlemoi/URL.

Approved Contoct Nome A ed Contoct Title EmoilAddress
Samir Royal sami r. [email protected]. us
Emoil
Pkg?
Emoil
P ?
ITEM 11
OES-FPD-OI2
City ManagerDouglas Dunford ,/
Director of Public Works
Rev.O9-2O22
Pleqse use o second poge if more spqce is needed
Lrl
F
-@-
loEs I
6l

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPTICANT'S AGENT RESOTUTION
NON.STATE AGENCIES
OES-FPD- I 30 (Rev. 1 0-2022)

ATTACHMENT E

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cql OES lD No: 099-1 2524
DESIGNATION OF APPTICANT'S AGENT RESOTUTION FOR NON.SIATE AGENCIES BE tT RESOLVED By THE City Council oF THE City of Ceres (Governing Body)
City Mayor
(Nome of Applicont)
THAT
(Title of Authorized Agent)
City Vice-Mayor
OR
OR
(Title of Authorized Agent)
City Councilmember
(Title of Authorized Agent)
is hereby outhorized to execute for ond on beholf of the City of Ceres {Nome of Applicont)
o public entity estoblished under the lows of the Stote of Colifornio, this opplicotion ond to file it with the Colifornio Governor's Office of Emergency Services for the purpose of obtoining federol finonciol ossistonce for ony existing or future gront progrom, including, but not limited to ony of the following:

Federolly declored Disqsler (DR), Fire Miligolion Assislqnce Grqnl (FMAG), Cqliforniq Slole Only Disoster (CDAA), lmmediqte Services Progrom (lSP), Hqzqrd Mitigolion Grqnl Progrom (HMGP), Building Resilienl lnfrqslruclure qnd Communities (BRIC), legislolive Pre-Disosler Mitigotion Progrom (LPDM), under Public Low 93-288 os omended by the Robert T. Stofford Disoster Relief ond Emergency Assistonce Act of .l988, ond/or stote finonciol qssistonce under the Colifornio Disoster Assistonce Act.

Flood Miligotion Assislonce Progrom (FMA), under Section .l366 of the Notionol Flood lnsuronce Act of 1968.

Nqlionql Eorthquoke Hqzqrds Reduclion Progrom (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) ond 42 U.S. Code 7704 (b) (2) (B) Notionol Eorthquoke Hozords Reduction Progrom, ond olso The Consolidoted Appropriotions Act, 2018, Div. F, Deportment of Homelond Security Appropriotions Act, 2018, Pub. L. No. I l5-l4l - Colifornio Eorly Eorlhquoke Worning (CEEW) under CA Gov Code - Gov, Title 2, Div. l, Chopter 7, Arlicle 5, Sections 8587.8,8587.11,8587.12 Thor the City of Ceres o public entity estoblished under the (Nome of Applicont)
lqws of the Stote of Colifornio, hereby outhorizes its ogent(s) to provide to the Governor's Office of Emergency Services for oll motters pertoining to such stote disoster ossistonce the ossuronces ond ogreements required.

ITEM 11
oES-FPD-130Rev.10-2022 Poge I of4
,I!!r
IOES I
INIII
e/

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPIICANT'S AGENT RESOTUTION
NON.STATE AGENCIES
OES-FPD-l 30 (Rev. 10-20221

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Pleqse check lhe oppropriqle box below
n This is o universol resolution ond is effective for oll open ond future disosters/gronts declored up to three (3) yeors following the dote of opprovol V This is o disoster/gront specific resoluiion ond is effective for only disoster/gront num ber(s) 4683DR-CA
Possed ond opproved this_doy of
Javier Lopez City Mayor
(Nome ond Title of Governing Body Representotive)
Bret Silveira Vice-Mayor
{Nome ond Title of Governing Body Representotive)
Daniel Martinez Councilmember
(Nome ond Title of Governing Body Representotive)

CERTIFICATION
Douglas Dunford duly oppointed on"City Manager of
(Nome) (Title)
city of ceres , do hereby certify thot the obove is o true ond (Nome of Applicont)
correct copy of o resolution possed ond opproved by the City Council (Governing Body)
o*he City of Ceres on the_ doy of _,2O_
(Nome of Applicont)
City Manager
20 l,
ITEM 11
OES-FPD.I30Rev. l0-2022
(Signoture)
Poge 2 oI 4
(Title)
Irrr
loEs I
U

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPTICANT'S AGENT RESOI.UTION

NON-STATE AGENCIES
OES-FPD- I 30 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Col OES Form 130 lnslruclions
A Designolion of Applicont's Agenl Resolulion for Non-Stole Agencies is required of qll Appliconts lo be eligible lo receive funding. A new resolulion musl be submitled if o previously submitted resolulion is older lhqn lhree (3) yeors from lhe lqsl dqle of opprovol. is invqlid, or hos nol been submitted.

When completing the Col OES Form 130, Appliconts should fill in the blonks on poges 1 ond 2. The blonks ore to be filled in os follows:

Resolulion Seclion:

Governing Body: This is the group responsible for oppointing ond opproving the Authorized Agents.

Exomples include: Boord of Directors, City Council, Boord of Supervisors, Boord of Educotion, etc.

Nome of Applicont: The public entity estoblished under the lows of the Stote of Colifornio.

Exomples include: School District, Office of Educotion, City, County or Non-profit ogency thot hos opplied for the gront, such os: City of Son Diego, Socromento County, Burbonk Unified School District, Nopo County Office of Educotion, U niversity Southern Colifornio.

Aulhorized Agenl: These ore the individuols thot ore outhorized by the Governing Body to engoge with the Federol Emergency Monogement Agency ond the Colifornio Governor's Office of Emergency Services regording gronts for which they hove opplied.

There ore two woys of completing this section:

Titles Only: The titles of the Authorized Agents should be entered here, not their nomes. This ollows the document to remoin volid if on Authorized Agent leoves the position ond is reploced by onother individuol. lf "Titles Only" is the chosen method, this document must be occomponied by either o cover letter noming the Authorized Agents by nome qnd title, or the Col OES AA Nomes document. The supporting document con be completed by ony quthorized person within the Agency (e.9., odministrotive ossistont, the Authorized Agent, secretory to the Director). lt does not require the Governing Body's signoture.

2. Nomes ond Titles: lf the Governing Body so chooses, the nomes qnd titles of the Authorized Agents would be listed. A new Col OES Form 130 will be required if ony of the Authorized Agents ore reploced, leove the position listed on the document, or their title chonges.

ITEM 11
oES-FPD-130Rev. lO-2022 Poge 3 of 4
rn
loEs I
lprl
k/

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPTICANT'S AGENT RESOTUTION
NON.STATE AGENCIES
OES-FPD-l 30 (Rev. I 0-2022lr

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Checking Universql or Disqsler-Specific Box A Universol resolution is effective for oll post disosters ond for those declored up to three (3) yeors following the dote of opprovol. Upon expirotion it is no longer effective for new disosters, bui it remoins in effect for disosters declored prior to expirotion. lt remoins effective until the disoster goes through closeout unless it is superseded by o newer resolution.

Governing Body Represenlqtive: These ore the nomes ond titles of the opproving Boord Members.

Exomples include: Choirmon of the Boord, Director, Superintendent, etc. The nomes ond titles connol be one of the designoted Authorized Agents. A minimum of three (3) opproving boord members must be listed. lf less thon three ore present, meeting minutes must be ottoched in order io verify o quorum wos met.

Certificolion Seclion:

Nqme qnd Tille: This is the individuol in ottendonce who recorded the creotion ond opprovol of this resolution.

Exomples include: City Clerk, Secretory to the Boord of Directors, County Clerk, etc. This person connot be one of the designoted Authorized Agents or Approving Boord Member. lf o person holds two positions (such os City Monoger ond Secretory to the Boord) ond the City Monoger is to be listed os on Authorized Agent, then thot person could sign the document os Secretory to the Boord (not City Monoger) to eliminofe "Self-Certificotion." ITEM 11
oEs-FPD-130Rev.10-2022 Poge 4 of 4
lirrl
IOES I
l}'.sr{l
k/

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

ATTAGHMENT F

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION

IFATA FINANCIAT DISCTOSURE
OES-FPD-OI 1 (Rev. 10-2022)
UElNumber:

Previous Fiscol Yeor End Dote:06-30-2023
FFATA Finonciql Disclosure
The Federol Funding Accountobility ond Tronsporency Act (FFATA) requires informotion on federol owords be mode ovoiloble io the public ond is submitted by the Colifornio Governor's Office of Emergency Services (Col OES) to wvwv.fsrs.oov. This is done in order thqt the government be held occountoble for eoch spending decision. As o subrecipient of federol funds, you will be unqble to drow down funds uniil this signed form is returned to Col OES.

The Totol Compensotion ond Nomes of the top five executives must be reported in the toble on this form if your business or orgonizotion meets bofh of the following criterio:
o) B0% or more of onnuol gross revenues ore from Federol owords (controcts, sub- controcts, ond Federol finonciol ossistonce), ond $25,000,000 or more in onnuol gross revenues from Federol owords; ond,
b) Compensotion informotion is not olreody ovoiloble ihrough reporting to the Securities ond Exchonge Commission.

If your business or orgonizotion does NOI meef BOTH criferio, check the box below, sign, ond return fo Co/OES Finonciol Processing Unif.

V Not subject to FFATA Finonciol Disclosure.
1, Douglas Dunford , do hereby certify, os the outhorized ogent of Printed Nome of Authorized Agent
City of Ceres
Nome
ond correct
City Manager
Title of Authorized Agent
Col oES to No.:099-12524
, the informotion contoined in this document is true
Execulive Nsme Tllle Annuol
Solory
Annuql Dollor
Volue of Beneflts
Totol
Compensollon
Signoture of Authorized Agent
Rev. l0-2022
ITEM 11

OES-FPD-OII
Dote
ITEIV 1,1
Pilnt Form Reset Form

STATE OF CALIFORNIA - DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section I - lnformation
NAME (This is required. Do not leave this line blank. Must match the payee's federal tax return) City of Ceres
BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (lf differentfrom above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2) 2220 Magnolia Street

CITY, STATE, ZIP CODE
Ceres, CA, 95307
Check one box that matches listed in
tr SOLE PROPRIETOR / INDIVIDUAL
tr Sf NGLE MEMBER LLC Disregarded Entity owned by an individuat tr PARTNERSHIP
tr ESTATE OR TRUST

E-MAIL ADDRESS
CORPORATION (see instructions on page 2)
tr MEDICAL (e.9., dentistry, chiropractic, etc.)
tr LEGAL (e.9., aftomey ervices)
! EXEMPT (e.9., nonprofit)
tr ALL OTHERS
on
Section 3 - Tax
Enter your Tax ldentification Number in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TlN.

The TIN is a 9-digit number. Note; Payment will not be processed without a TlN. . For lndividuals, enter SSN.
. lf you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your lTlN.
. Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor's SSN. . For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (lTlN if applicable) or FEIN (FTB prefers SSN).
. For Single Member LLC (disregarded entityr), in which the sole member is a business entity, enter the owner entity's FEIN. Do not use the disregarded entity's FEIN.
r For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity's FEIN.

Section 4 - Pavee
Social Security Number (SSN) or
lndividual Tax ldentification Number (lTlN)
OR
Federal Employer ldentification Number
(FErN)
9 4-6 0 00307
Status (See instructions)
tr CALIFORNIA RESIDENT - Qualified to do business in California or maintains a permanent place of business in California. tr CALIFORNIA NONRESIDENT - Payments to nonresidents for services may be subject to state income tax withholding. nNo seMces performed in Califomia
nCopy of Franchise Tax Board waiver of state withholding is attached.

Should slafus I will

NAME OF AUTHORIZED PAYEE REPRESENTATIVE
Douglas Dunford

SIGNATURE
PI rn

STATE AGENCY/DEPARTMENT OFFICE
CA Governor's Office of Emergency Services

MAILING ADDRESS
3650 Schriever Avenue
CITY
Mather
State

UNIT/SECTION

E-MAIL ADDRESS
[email protected]. us
TELEPHONE (include area code)
538-5751
TELEPHONE (include area code)
91 6-845-851 0
TITLE
City Manager
DATE
FAX
STATE
CA

ZIP CODE
95655
b-
E.MAIL ADDRESS
ITEM 11

ATTACHMENT G

STATE OF CALIFORNIA - DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays wtren processing payments. lnformation provided in this form will be used by Califomia state agencies/departments to prepare lnformation Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204fotm, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file, therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees wtto do not wish to complete the STD 204 may elect not to do business with the state. lf the payee does not complete the STD 2O4 and the required payee data is not othen,lrise provided, payment may be reduced for federal and state backup withholding. Amounts reported on lnformation Returns (Form 1099) are in accordance with the lnternal Revenue Code (lRC) and the California Revenue and Taxation Code (R&TC).

Section I - Payee lnformation
Name - Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
. Sole Proprietor/lndividual/Revocable Trusts - enter the name shown on your federal tax return. . Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. . Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. . Partnerships, Estates/Trusts, or Corporations - enter the entity name as shown on the entity's federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name - Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address - The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 -
Section 3 - Tax ldentification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer ldentification Number (TlN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 - Payee Residency Status
Are you a California resident or nonresident?
. A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
. A partnership is considered a resident partnership if it has a permanent place of business in California. . An estate is a resident if the decedent was a California resident at time of death. . A trust is a resident if at least one trustee is a Califomia resident. o For individuals and sole proprietors, the term "resident" includes every individual wtro is in California for other than a temporary or transitory purpose and any individual domiciled in California wtto is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Wthholding, contact the Franchise Tax Board at the numbers listed below:
\Mthholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: ra vwftb.ca.qov Section 5 - Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. ln the event that a SSN or lTlN is provided, the individual identified as the tax liable party must certifl the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documenled for the individual.

Section 6 - Paying State Agency
This section must be completed by lhe state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Ad of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and wtat uses will be made of it. lt is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form. ITEM 1 1 lf the Pavee in Section 1 is a(n). THEN Select the Box for... lndividual r Sole Proprietorship . Grantor (Revocable Livinq) Trust disreqarded for federal tax Durposes Sole ProDrietor/l ndividual Limited Liabilitv Companv (LLC) owned bv an individual and is disreqarded for federal tax Durooses Sinqle Member Llc-owned bv an individual Partnerships o Limited Liabilitv PartnershiDs (LLP) r and. LLC treated as a Partnershio Partnersh ips Estate r Trust (other than disreqarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.9., medical and healthcare services, physician care, nursery care, dentistry, etc. r LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e-9., services of attorneys, arbitrators, notary publics involving legal or law related matters, s{s.) r LLC that is to be taxed like a Corporation and is leqal in nature Corporation-Legal
Corporation that qualifies for an Exemot status. includino 501 (c) 3 and domestic non-orofit coroorations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above o LLC that is to be taxed as a Corporation and does not meet anv of the other corooration tvoes listed above Corporation-All Other

ATTACHMENT H
FEMA
Small Permanent Work Project
Certifi cations and Acknowledgements
Disaster l[um[s1; 4683 Applicant Name: CityofCeres
Project l[um[s1s 719e3s Project fiflg3 City of Ceres CAT A Debris Removal Please read the following statements and initial each one to provide Applicant certifications and acknowledgements for each small Permanent Work Project (Category C-G).

The Applicant certifies the following:

Imnartial and Eouitable of Public Assistance
All work claimed was delivered in an impartial and equitable manner as required by Title VI of the Civil Rights Act, Section 308 of the Stafford Act,42 U.S.C. $ 5151, and applicable provisions of laws and authorities prohibiting discrimination. Initial: sR
Damage
All damage claimed was a direct result of the Presidential emergency and major disaster declaration. The damage did not result from a lack of maintenance. Initial: sn Work
All work claimed to retore the facility back to its pre-disaster design function and capacity was required as a direct result of the major disaster declaration, is located within the designated area, and is the Applicant's legal responsibility. Initial: sR
Code and Standard Compliance
All facilities are being restored in accordance with all federal and SLTT code and standard requirements Initial: sn
Procurement and Contracting
The Applicant is using the most restrictive of either its own documented policies and procedures for procurement or federal procurement and contracting laws in accordance with 2 C.F.R. Part 200. The Applicant is following Environmental Protection Agency guidelines for procurement of recovered materials; and including all applicable required contract provisions. Initial: sR Cost Reasonableness
All costs claimed are reasonable and of a type recognized as ordinary and necessary for the type of facility and work as required by 44 C.F.R.5206.228 and 2 C.F.R. $200.404.Initial: \ Duplication of Benefits
No work or costs are being claimed that are covered by another funding source. If the Applicant receives funding from another source for any work or costs in the project application, it will noti$, FEMA, and funding will be reconciled to eliminate duplication as required by Stafford Act $ 312. Initial: sn Document Retention
All documentation is being retained in accordance with 2 C.F.R. $$ 200.334 and200.337 and will be provided upon request. Initial: sR
Ianuary 2023
ITEM,Il
FEMA
True and Correct Statements
All information provided is true and correct. Upon submittal this project application becomes a legal document. The False Claims Act (31 U.S.C. $$3729-3733) prohibits the submission of false or fraudulent claims for payment to the federal government. It is a violation of federal law to intentionally make false statements or hide information when applying for Public Assistance. This can carry severe criminal and civil penalties including a fine of up to $250,000, imprisonment, or both (lS U.S.C. $$ 287, 1001, 1040, and 3571). Initial: sR
The Applicant acknowledges:

Environmental and Historic Preservation Compliance
The Applicants acknowledges it must comply with EHP laws, regulations, and Executive Orders (EO), including but not limited to, the Endangered Species Act (ESA), National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA). Applicants must afford FEMA the opportunity to perform EHP reviews prior to starting any work that has potential to impact the environment or historic properties, including archaeological resources. If an Applicant starts work prior to FEMA's completion of the EHP review, it jeopardizes PA funding for the entire project. Initial: sR Non-Discrimination (and Eouitv) In Federallv Assisted Prosrams The Applicant acknowledges it must comply with all federal civil rights laws and authorities prohibiting discrimination, including but not limited to, Section 308 of the Stafford Act,42 U.S.C. $ 5151, which requires the impartial and equitable delivery of disaster services and activities without discrimination.

Initial: sn
Insurance
When FEMA provides assistance for permanent work to repair or restore a facility, Stafford Act $ 311 requires the Applicant to insure the facility and contents with the types and extent of insurance that is reasonably available, adequate, and necessary to protect the facility against future loss. FEMA refers to this as the requirement to "obtain and maintain" insurance requirement. If the Applicant does not comply with this insurance requirement, FEMA will deny or deobligate PA funding for that facility and the facility is ineligible for PA funding in any subsequent disaster. Initial: sR Documentation Requirements
The Applicant acknowledges it must continue to retain all source documentation, including project eligibility records and financial records, for three years after the date the Recipient submits to FEMA certification of completion of the last Small Project. SLTT govemment laws may require longer retention periods. Real property and equipment disposition, audits, and litigation may also require longer retention periods. If requested, Applicants must provide documentation to FEMA. Recipients may require documentation not otherwise required by FEMA (such as actual cost documentation for Small Projects). In such cases, the Applicant must provide the documentation to the Recipient. Initial: sR Applicant Rep resentative Signature San; r€"/4
/
Applicant Representative Name Samir royal
Date
2 January 2023
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 202 4-XXX, Approving an Agreement with Motorola Solutions, Inc. for the Purchase and Installation of a Security Camera System at the Public Works Corporation Yard and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize the City Manager to approve an agreement with Motorola Solutions, Inc. to install a security camera system at the Public Works Corporation Yard located at 2220 Hackett Road, Ceres.

I. BACKGROUND:

The majority of City equipment, including City vehicles, for the divisions of the Public Works Department is stored outdoors at the Public Works Corporation Yard located on Hackett Road. This equipment includes high- value machinery, accessories, and vehicl e inventory currently being serviced under the Fleet M anagement Program. Currently, a security system (alarm only) is installed and maintained for the buildings within the corporation yard; however, no camera system is attached while equipment and vehicles are stored outdoors with no security aside from a fence surrounding the yard. This leaves inventory vulnerable to theft and vandalism, especially outside of normal operating hours.

II. REASONS FOR RECOMMENDATION:

Staff is requesting a security camera system be installed in order to protect City assets and prevent theft and vandalism. The video camera system will enable Public Safety Dispatch to review live footage in the event of an alarm after hours, as well as select staff during normal operating hours.

Staff is recommending Motorola Solutions, Inc. as a sole source vendor, pursuant to Ceres Municipal Code section 4.03.040(A), as the integrated services provided by ITEM 12
Motorola will not only to meet the needs of security, but are also uniquely designed to integrate with the Police Department’s long- term plan for a Real -Time Crime Center connected to the City’s License Plate Readers, Security Cameras, and Access Control System all on one center platform to allow for easy monitoring and a coordinated response. The system will also use features to notify the Police Department of unauthorized access to the Corporation Yard by alerting police for quicker response and real time updates to officers.

III. FISCAL IMPACTS:

Motorola Solutions, Inc. provided a proposal to furnish and install the complete security camera system at Public Works Corporation Yard for the total amount of $73,190.55.

The necessary funds are available in the approved budget in contract services accounts 52718.029900 and 56718.029900.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Should Council decide not to approve the security system, the high -value inventory and assets stored at the Public Works Corporation Yard will remain vulnerable to theft and vandalism.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager shall execute the agreement with Motorola Solutions, Inc.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Motorola Solutions, Inc. Proposal & Agreement ITEM 12

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING AN AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR

THE PURCHASE AND INSTALLATION OF A SECURITY CAMERA SYSTEM

AT THE PUBLIC WORKS CORPORATON YARD AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the majority of the equipment for the divisions of the Public Works Department is stored at the Public Works Corporation Yard located at 2220 Hackett Road; and

WHEREAS, a security system (alarm only) is installed and maintained for the buildings within the corporation yard; however, no camera system is attached, leaving the equipment and vehicles stored outdoors vulnerable to theft and vandalism; and

WHEREAS, Motorola Solutions, Inc., is recommended by staff as a sole source vendor, pursuant to Ceres Municipal Code section 4.03.040(A), as the integrated services provided by Motorola will not only to meet the needs of security, but are also uniquely designed to integrate with the Police Department’s long-term plan for a Real-Time Crime Center; and

WHEREAS, the system will also use features to notify the Police Department of unauthorized access to the Corporation Yard by alerting police for quicker response and real time updates to officers; and

WHEREAS, Motorola Solutions, Inc. has submitted a proposal for the initial equipment purchase and install for an amount of $73,190.55; and

WHEREAS, the funds are available in the approved budget contract services accounts 52718.029900 and 56718.029900.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Motorola Solutions, Inc. for the purchase and installation of a security camera system at the Public Works Corporation Yard and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 12
ITEM 12

ATTACHMENT B
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
ITEM 12
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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2024-XXX, Approving the Professional Consultant Services Agreement with Dokken Engineering, Inc. f or SR99 Service/Mitchell Road Interchange Design Review and Conceptual Alternatives (Project Number 2303) , and Authoriz ing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution authorizing the Professional Services Agreement for Consultant Services between the City of Ceres and Dokken Engineering for the Design Review and Conceptual Alternative Analysis of the SR99 Service Road/ Mitchell Road Interchange (Project Number 2303) in the amount of $66,610.00.

Furthermore, staff recommends the City Council authorize Finance Director to record the appropriate accounting entries for the General Street Assessment and Planning Project.

I. BACKG
ROUND:

NV5, Inc. (formerly known as Nolte Associates) has been involved with the SR99 Service Road/Mitchell Road Interchange from project initiation. Their current Contract with the City was originally executed in 2006 and was intended to move the Interchange pr oject to the next step. The agreement has been amended thirteen (13) times to include additional work items associated with project changed conditions and progress towards final design. Recent amendments included: Amendment No. 9 (Resolution No. 2018-065) for the preparation of the 65% Plans, Specifications, and Estimates (PS&E); Amendment No. 10 (Resolution No. 2019- 10) for preparation of the Project Approval/Environmental Document (PAED); Amendment No. 11 (Resolution No. 2021- 11) for the preparation of the 95% PS&E; Amendment No. 12 (Resoluti on No. 2022- 115) for increase the 95% PS&E budget ; and Amendment No. 13 for design modifications and environmental assessment.

ITEM 13
The cost of the subject project was approximately $103,000,000. Due to the extended project timeline, the cost has ballooned to approximately $220,000,000 according to NV5 estimates. Dokken will serve as an independent review to the NV5 design.

II. RE ASONS FOR RECOMMENDATIO N:

This is necessary to fund a design review and conceptual alternative analysis that will ultimately allow for the project to be completed with a reduced budget.

III. F ISCAL IMPACTS :

Currently, over $10,000,000 has been approved under contract with NV5. The funding source for this review will be from Measure L Funding set aside in the budget for General Assessments and Planning and was programmed in the Capital Improvement Budget in account number 27195.800500(2303) in the amount of $66,610.

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

This is in conformance with the priority of the Strategic Plan to improve the City’s infrastructure and circulation in the region.

V. P OLICY ALTERNATIVES :

The design review is required to move the project forward within a budget that allows for the project to come to fruition.

VI. I NTERDEPARTMENTAL COORDINATION:

Once the Design Review is complete, the Engineering Department will coordinate with other necessary departments and agencies for conformance and design needs.

VII. P UBLIC PARTICIPATION:

Public participation is not planned during the review of the final design.

VIII. EN VIRONMENTAL REVIEW :

The environmental documents are included in the Contract with NV5 and are in process through the necessary channels.

IX. STEPS FOLLOWING APPROVAL:

City Manager executes The Professional Services Agreement, and the Finance Director makes the appropriate accounting entries to fund the contract.

Approved by: ________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A - Resolution
ITEM 13

2. Attachment B - Agreement
ITEM 13
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT
WITH DOKKEN ENGINEERING INC., FOR SR99 SERVICE/MITCHELL

ROAD INTERCHANGE DESIGN REVIEW AND CONCEPTUAL
ALTERNATIVES (PROJECT NUMBER 2303), AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, a total of one (1) proposal for Design Review and Conceptual Alternatives professional consultant services were received for the SR99 Service Road/Mitchell Road Interchange Design Review Project on April 2, 2024; and,

WHEREAS, a review of the proposal identified the proposal from Dokken Engineering, Inc., as competent to perform the review and present alternatives; and,

WHEREAS, a final scope and fee in an amount of $66,610.00 was negotiated for the Design Review and Conceptual Analysis services; and,

WHEREAS, the Design Review and Conceptual Analysis services are anticipated to be completed by late Summer 2024; and,

WHEREAS, the Design Review and Conceptual Analysis services for the SR99 Service Roa d/Mitchell Road Interchange Project was programmed in the Capital Improvement Budget in account number 27195.800500(2303) in the amount of $66,610.00; and,

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional consultant services agreement with Dokken Engineering, Inc., for the Design Review and Conceptual A lternatives Services for the SR99 Service Road/Mitchell Road Interchange Project , authorizes a budget amendment, and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13
1 CITY OF CERES

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into by and between the City of Ceres, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 2220 Magnolia Street, Ceres, California 95307 (“City”), and Dokken Engineering, a California corporation with its principal place of business at 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Service Road & State Route 99 Design Review Analysis.

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the fee set forth in Exhibit “A” In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $66,610.00. This amount is to cover all related costs, and the City will not pay any additional fees for additional expenses.

Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.
b. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following ITEM 13
2 manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

5. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

Consultant shall have no responsibility for jobsite safety or security, and Consultant does not have any control or responsibility over the means and methods of the construction contractor or the construction contractor's subcontractors.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

ITEM 13
3 8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

Consultant makes no other representations and no warranties, whether express or implied, with respect to its services performed under this Agreement.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
ITEM 13
4 (6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts ITEM 13
5 indicated herein. Consultant shall require all sub-consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of Consultant in the Consultant. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the ITEM 13
6 insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub- consultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

ITEM 13
7 i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Sub-consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub-consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular sub- contractors or sub-consultants.

12. Indemnification.
a. CONTRACTOR the fullest extent permitted by law, Consultant shall indemnify and hold the City, its elected and appointed officials, officers, attorneys, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liabilities, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims') to the extent caused by any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, consultants in connection with the performance of Consultant's services, the Project or this Agreement, including without limitation the payment of all expert witness fees and reasonable attorney's fees and other related costs and expenses Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees or volunteers. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, ITEM 13
8 agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents, designated volunteers or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees and volunteers, for any and all reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers.

13. California Labor Code Requirements
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall indemnify and hold the City, its officials, officers, employees free and harmless from any claims, liabilities, costs, penalties or interest to the extent caused by negligent failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub-consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub-consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub-consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. [reserved]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Stanislaus, State of California. 17 Termination or Abandonment
ITEM 13
9 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Juann Ramos as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: Michael R. Beltran II, PE
CONSULTANT:

Dokken Engineering
110 Blue Ravine Road, Suite 200
Folsom, CA 95360
Attn: Juann Ramos
ITEM 13
10 and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of critical importance for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
ITEM 13
11 City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant represents and confirms that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant represents and confirms that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this obligation, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

ITEM 13
ITEM 13

April 2, 2024

Mr. Michael Beltran, PE
Director of Engineering / City Engineer
City of Ceres
2220 Magnolia Street
Ceres, CA 95307

RE: Service Road & Mitchell Road Interchanges – Conceptual Alternative Analysis

Dear Mr. Beltran:

Per the request dated 03/14/2024, Dokken Engineering is pleased to submit the following scope of services for the Conceptual Alternative Analysis for the State Route 99 / Service Road and Mitchell Road Interchanges. The proposed scope of work to complete the analysis is as follows:

TASK 1 CONCEPTUAL ALTERNATIVE ANALYSIS
This task includes the following:

 Evaluate three alternatives from a conceptual/preliminary level utilizing current traffic volumes. The conceptual/preliminary level will not include detailed 3D earthwork. An alternative could include optimizing current design.  Prepare exhibits of conceptual alternatives.
 Prepare a memo summarizing alternatives and evaluation.  Collaborate with the City to identify a preferred alternative.  Prepare conceptual level cost estimates.
 Conceptual alternatives anticipated to be used for discussions between the City and Caltrans to determine potential project configuration revisions.

TASK 2 CONCEPTUAL ALTERNATIVE ANALYSIS
This task includes the following:

 Prepare an updated Geometric Approval Drawing (GAD) based on selected preferred alternative.
 GAD will include 3D earthwork modeling.
 GAD will horizontal layouts, profiles, and superelevation diagrams  Any proposed design exceptions will be identified (preparation of Design Standard Decision Documents is not included as part of this scope).  Prepare GAD level cost estimate for the selected preferred alternative.  GAD will be based on current traffic volumes – future modifications may be needed to the GAD based on revised traffic studies.

ITEM 13

 GAD anticipated to be used to further discussions with Caltrans to determine potential project configuration.

It is anticipated that the City will provide all existing electronic CAD files including, topographic mapping in 2D and 3D formats, right of way base mapping, utility base, and design base.

Our proposed lump sum fee for Tasks 1 and 2 is $56,610.00.

TASK 3 VERIFICATION OF TRAFFIC VOLUMES (OPTIONAL)
This task includes the following:

 Traffic volumes will be validated by a traffic subconsultant to support the preferred alternative.

Our proposed lump sum fee for this optional Task 3 is $10,000.

Please call me at 916-858-0642 if you have any questions. Dokken Engineering is looking forward to working with you and your staff.

Sincerely,

DOKKEN ENGINEERING

Juann Ramos, P.E.

Project Manager

ITEM 13

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: May 13, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, P.E., Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT:

Resolution No. 2024-XXX , Approving a Professional Services Agreement with O’Dell Engineering for the Design Services of the STPL-5241 (080) Moffett Road Rehabilitation, Project #2407 and Sewer Replacement for Moffett Road and Fowler Road, Project #2417 and Authorizing the City Manager to Execute the Agreement RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution authorizing the Professional Services Agreement for Consultant Services between the City of Ceres and O’Dell Engineering, a Westwood Company, for the Design Services of the Moffett Road Rehabilitation, Whitmore Avenue to Hatch Road, and Sewer Replacement, Moffett Road, Hatch Road to Fowler Road, and Fowler Road, Moffett Road t o Rose Avenue in the amount of $172,947.18, authorize the City Manager to execute the contract.

Furthermore, staff recommends the City Council authorize the budget amendment authorizing the Finance Director to record the appropriate accounting entries for the project.

I. BACKG
ROUND:

The project proposes to perform pavement rehabilitation on Moffett Road, from Hatch Road to Whitmore Avenue, approximately 1.0 mile. The p roject includes areas of major fatigue 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. In addition to pavement rehabilitation, the project also includes the upsizing of the sewer main in Moffett Road from Hatch Road to Fowler Road and relocation of sewer main in Fowler Road from Moffett Road to Rose Avenue.

ITEM 14
II. REASONS FOR RECOMMENDATION:

Moffett Road from Whitmore Avenue to Calcagno Street has an average Pavement Condition Index (PCI) of 50. A visual review of pavement conditions indicates that failures in the aggregate base and subgrade layers of the pavement section are generally not occurring currently. Consequently, the Engineering Department has chosen to perform a grind and overlay, or similar type of rehabilitation, to this section of roadway. From Calcagno Street to Hatch Road, the PCI is 72. A visual review of this section of roadway has revealed some minor cracking, but the general condition of the roadway is in good condition. The Engineering Department has chosen to perform a slurry seal on this section of roadway to preserve pavement life.

The request for Statements of Qualifications was solicited to any interested Civil Engineering firms on March 21
st, 2024, with proposals due on April 17 th, 2024. Two (2) 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, a Westwood Company.

III. F ISCAL IMPACTS :

This project was included and programmed in the Capital Improvement Program Budget in various accounts. The contract amount for design services is $172 ,947.18. The following accounts/amounts will be utilized:
27795.800500(2407) - $15,547
26895.800500(2407) - $120,000
56795.800500(2417) - $37,400.18
IV. EXI
STING 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. PO
LICY 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. I NTERDEPARTMENTAL COORDINATION:

The project has been coordinated with the Public Works Department.

VII. P UBLIC PARTICIPATION:

Public participation is not planned during the review of the final design.

VIII. EN VIRONMENTAL 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).

ITEM 14
IX. STEPS FOLLOWING APPROVAL:

City Manager executes the Professional Services Agreement, and the Finance Director makes the appropriate accounting entries to fund the contract.

Approved by: _______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Professional Services Agreement
ITEM 14
ITEM 14

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH O’DELL ENGINEERING FOR THE DESIGN SERVICES OF THE STPL-5241 (080) MOFFETT ROAD REHABILITATION, PROJECT #2407 AND SEWER

REPLACEMENT FOR MOFFETT ROAD AND FOWLER ROAD, PROJECT
#2417 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, a total of two (2) proposals for the design contract for STPL- 5241 (080) Moffett Road Rehabilitation, Whitmore Avenue to Hatch Road, Project #2407, and Sewer Replacement, Moffett Road, Hatch Road to Fowler Road, and Fowler Road, Moffett Road to Rose Avenue: Project # 2417 were received on April 17th, 2024; and

WHEREAS, a review of the proposals from the evaluation panel identified O’Dell Engineering, a Westwood Company, as the best qualified consultant to perform the work; and,

WHEREAS, the Design Services for the Moffett Road Rehabilitation, Whitmore Avenue to Hatch Road, and Sewer Replacement, Moffett Road, Hatch Road to Fowler Road, And Fowler Road, Moffett Road to Rose Avenue was programmed in the Capital Improvement Budget in multiple accounts; and

WHEREAS, the contract amount proposed by O’Dell Engineering totals $172,947.18.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement with O’Dell Engineering for the d esign services of the STPL- 5241 (080) Moffett Road Rehabilitation, Project #2407 and Sewer Replacement for Moffett Road and Fowler Road, Project #2417 and authorizing the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 13
th day of May 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
1 CITY OF CERES

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into by and between the City of Ceres, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 2220 Magnolia Street, Ceres, California 95307 (“City”), and O’Dell Engineering, a Westwood Company, a California corporation with its principal place of business at 1165 Scenic Drive, Suite A, Modesto, CA 95350 (hereinafter referred to as “Consultant”).

City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and needs professional services for the following project:

MOFFETT ROAD REHABILITATION, WHITMORE AVENUE TO HATCH

ROAD, AND SEWER REPLACEMENT, MOFFETT ROAD, HATCH ROAD TO

FOWLER ROAD, AND FOWLER ROAD, MOFFETT ROAD TO ROSE
AVENUE: PROJECT # 24-07
B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the fee set forth in Exhibit “A” In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $172,947.18. This amount is to cover all related costs, and the City will not pay any additional fees for additional expenses.

3. Additional Work.

ITEM 14

2 If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

5. Time of Performance.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.

Consultant shall have no responsibility for jobsite safety or security, and Consultant does not have any control or responsibility over the means and methods of the construction contractor or the construction contractor's subcontractors.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

ITEM 14

3 d. In the event of a conflict between the provisions in Exhibit “B”, the stricter provision shall prevail.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

Consultant makes no other representations and no warranties, whether express or implied, with respect to its services performed under this Agreement.

4 (4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the ITEM 14

5 “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all sub-consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.

d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence / $2,000,000 aggregate for bodily injury, personal injury, and property
damage

Automobile Liability $2,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $2,000,000 per occurrence
Professional Liability $2,000,000 per claim and aggregate (errors and omissions)

(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the ITEM 14

6 names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub- consultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

7 through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Sub-consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub-consultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or sub-consultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular sub- contractors or sub-consultants.

b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense, and risk, any and all Claims covered by this section that may be brought or instituted against the City, its officials, officers, employees or ITEM 14

8 volunteers. The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its officials, officers, employees, agents, designated volunteers or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its officials, officers, employees and volunteers, for any and all reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents and volunteers.

b. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all sub-consultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any sub-consultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

14. Verification of Employment Eligibility.

15. [reserved]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California.

If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Stanislaus, State of California.

ITEM 14

9 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar day s written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provid
e further services under
this Agreement upon thirty (30) calendar days’ writt en notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
18 Documents. Except as otherwise provided in “Ter mination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Kristen Scheidt as Project Manager. The Project Manager shall not be removed from the Project or reassigned withou t the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or del ivered by this Agreement may be given or delivered by depositing the same in any United St ates Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

C
ity of Ceres
2220 Magnolia Street
Ceres, CA 95307
ATTN: Michael R. Beltran II, PE
CONSULTANT:

O
’Dell Engineering, a Westwood Company
1165 Scenic Drive, Suite A
Modesto, CA 95350
Attn: Dylan Crawford
ITEM 14

10 and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of critical importance for each and every provision of this Agreement.

ITEM 14

11 29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant represents and confirms that it has not employed nor retained any company or person, other than a bona fide employee working solely for consultant, to solicit or secure this Agreement. Further, Consultant represents and confirms that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this obligation, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

ITEM 14
12 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF CERES

AND CONSULTANT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF CERES O'Dell Engineering, a Westwood Company
By: By:

Douglas D. Dunford
City Manager Its:

Pri
nted Name:

ATTEST:

By:

Fallon Martin
City
Clerk
Dylan Crawford
Senior Director, Land Division
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14
ITEM 14

Scope of Work
Task 1: Topographic Survey
 Perform cross-section survey of north half of Fowler Road between Moffett Road and through the intersection with Rose Avenue at 100-foot intervals.
 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.  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.  Trees 6” in diameter or larger will be located, on site and adjacent to the property.  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.  Create existing ground Civil 3D TIN surface model.
 Prepare topographic survey base map drawing at a 1” = 20’ scale.

DELIVERABLES:
 Electronic copies in PDF and ACAD format (Horizontal Control Plan & Utility Plan)

Task 2: Construction Document Phase - Civil
 Complete design including the following plan sheets:
o Details, as required
o Utility Plan
o Striping & Signage Plan, as required
o Erosion Control Plan, as required
 Prepare Civil Specifications to be included on project drawings.  Revise plans based upon City review comments

DELIVERABLES:
 Electronic copies of civil plan sheets in PDF and ACAD format

Task 3: Bid Support & Construction Administration Support  Provide Bid Support as needed, including responding to Requests for Information (RFIs) from bidder’s and/or Owner
 Includes services for engineering construction support. These services will include assisting the client with responding to all Requests for Information (RFIs), altering project plans to address any design flaws or inconsistencies, attendance at the preconstruction meeting, review demolition plans, review shop drawings, and provide consultation for the construction contractor.

ITEM 14

DELIVERABLES:
 Electronic copies of civil plan sheets in PDF and ACAD format 100% completion  Responses to RFIs (electronic)
 Review submittals (electronic)

Client to Provide:
 All agency applications
 All agency fees
 USA requests, if appropriate
 Existing utility records, including as-builts, record drawings, plans, or GIS information, knowingly possessed by or available to client/owner.

Limitations:
 Assumes that the sewer realignment will generally fall within the north half of the pavement of Fowler Road and intersect existing lines in Darwin Avenue and Rose Avenue.  The existing sewer line located in the north portion of Smyrna Park will be abandoned in place.  The City will provide all necessary flow calculations and/or pipe sizing to O’Dell Engineering and the slope of the existing line is sufficient for the proposed line.  All work associated with this project to be completed in conjunction with Moffett Road Rehabilitation and Sewer Replacement project. Fees based upon utilizing the same staff and bill rates as Moffett Road project. Subconsultant team remains the same with all scope associated with the realignment completed by O’Dell Engineering staff.
 Geotechnical recommendations related to the Moffett Road Rehabilitation and Sewer Replacement project are sufficient for establishing trench construction requirements for the realignment without the need for additional field or laboratory work.
 The City shall provide O’Dell Engineering with information needed in order to perform contracted services. O’Dell Engineering shall have the right to rely upon the accuracy and completeness of the information.
 Assumes that the mapping limits are sufficient to provide all necessary design elements, including utility and hardscape points of connection.
 Assumes survey deliverables will be based on the NAD83 horizontal datum and the NAVD88 vertical datum.
 Excludes design of stormwater drainage basin/park.
 Excludes landscape design services.
 Includes using existing City Standards for design; excludes extensive revision of standards.  Excludes subsurface utility exploration including Ground Penetrating Radar, potholing, etc.  Excludes dust control plan/permit.
 Excludes traffic control plan.

ITEM 14
ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 1 of 39 ends

May 2023

EXHIBIT B
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)
THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION ....................................................................................................................3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS ......................................................................4 ARTICLE III STATEMENT OF WORK .....................................................................................................4 ARTICLE IV PERFORMANCE PERIOD ..................................................................................................6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS ............................................................................6 ARTICLE VI TERMINATION ..................................................................................................................10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS....................................11 ARTICLE VIII RETENTION OF RECORD/AUDITS................................................................................11 ARTICLE IX AUDIT REVIEW PROCEDURES.......................................................................................12 ARTICLE X SUBCONTRACTING ..........................................................................................................13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES.............................15 ARTICLE XII STATE PREVAILING WAGE RATES ..............................................................................16 ARTICLE XIII CONFLICT OF INTEREST ..............................................................................................19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION........................19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.....................................................................................................................................20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ...................20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION...................................................21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION ..................22 ARTICLE XIX INSURANCE....................................................................................................................28 ARTICLE XX FUNDING REQUIREMENTS............................................................................................29 ARTICLE XXI CHANGE IN TERMS .......................................................................................................29 ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 2 of 39 ends

May 2023
ARTICLE XXII CONTINGENT FEE ........................................................................................................29 ARTICLE XXIII DISPUTES.....................................................................................................................30 ARTICLE XXIV INSPECTION OF WORK ..............................................................................................30 ARTICLE XXV SAFETY .........................................................................................................................30 ARTICLE XXVI OWNERSHIP OF DATA ...............................................................................................31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR .............31 ARTICLE XXVIII CONFIDENTIALITY OF DATA ...................................................................................32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION .....................................32 ARTICLE XXX EVALUATION OF CONSULTANT ................................................................................33 ARTICLE XXXI PROMPT PAYMENT ....................................................................................................33 ARTICLE XXXII TITLE VI ASSURANCES.............................................................................................33 ARTICLE XXXIII NOTIFICATION...........................................................................................................38 ARTICLE XXXIV CONTRACT................................................................................................................38 ARTICLE XXXV SIGNATURES .............................................................................................................39 ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 3 of 39 ends

May 2023

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 4 of 39 ends

May 2023
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
[Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 5 of 39 ends

May 2023
uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.

Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way
[State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.]
C. Surveys
[State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.]
D. Subsurface Investigations
[State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 6 of 39 ends

May 2023
J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 7 of 39 ends

May 2023
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 8 of 39 ends

May 2023
B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 9 of 39 ends

May 2023

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 10 of 39 ends

May 2023
Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 11 of 39 ends

May 2023
E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. [Choose either Method 1, Method 2, or Method 3 below and delete the other two.] Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 12 of 39 ends

May 2023
AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 13 of 39 ends

May 2023

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (
https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 14 of 39 ends

May 2023
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 15 of 39 ends

May 2023

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 16 of 39 ends

May 2023
H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 17 of 39 ends

May 2023

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 18 of 39 ends

May 2023
CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and
ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 19 of 39 ends

May 2023

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained

by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 13%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

ITEM 14
Local Assistance Procedures Manual
Exhibit 10-R
A&E Boilerplate Agreement Language

Page 20 of 39 ends

Ceres City CouncilMay 13, 2024

Ceres City Council
May 13, 2024