Agenda — Ceres City Council, June 10, 2024

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, June 10, 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); Rosalinda L. Vierra (District 2); Daniel A.

Martinez (District 4)

INVOCATION

Invocation by Jim Stochl, Harvest Presbyterian Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/83565465197?pwd=STNlZ0hKcFVqZDB2cm9uWWduby82Zz09

Webinar ID: 835 6546 5197 ; Passcode: 527675; 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
June 10, 2024

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Service Awards for Cpt. Johnson, Lt. Griebel, & Sgt. Berber (Vasquez)

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

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

APPOINTMENTS TO BOARDS/COMMISSIONS

CONFLICT OF INTEREST DECLARATION

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

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

1. Clerks Report of Posting. The agenda of the June 10, 2024 City Council Meeting was Posted on Wednesday, June 5, 2024. (City Clerk)

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

3. Approval of Minutes for the May 28, 2024 Special City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated May 15, 2024. (Esenwein)

5. General Correspondence – Information Only
a. PFAS General Order DW 2024-0002-DDW (Royal)
b. Public Works Monthly Report for April 2024 (Royal)

6. Resolution No. 2024-XXX, Approving Payment to Don Pedro Pump Company for Emergency Repairs Performed at Well 41. (Royal)

AGENDA
Regular City Council Meeting
June 10, 2024

Page 3 ends

7. Resolution No. 2024-XXX, Approving Contract Amendment No. 2 with EMTS, Inc. for Landscaping Maintenance Services at Smyrna Park, River Bluff Regional Park, and City Right-of-Ways, and Authorizing the City Manager to Execute the Contract Amendment. (Royal)

8. Resolution No. 2024-XXX, Approving the Close Out of Morrow Village Phase I and II Sidewalk Project Accounts and Authorizing the Transfer of Remaining Funds to a New Project Account Named Morrow Village Sidewalk Improvements. (Beltran)

9. Resolution No. 2024 -XXX, Approving the Construction Contract for the Fire Training Facility Phase 3 Tactical Tower to American Fire Training Systems , Inc., Approving a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran)

10. Resolution No. 2024-XXX, Approving the Construction Contract for the Hatch Road 18-Inch Water Transmission Line Project to ARB, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran)

11. Resolution No. 2024- XXX, Approving the Task Order Agreement for Consulting Services with BSK Associates for Geotechnical Services of the Hatch Road 18-Inch Water Transmission Line Project and Authorizing the City Manager to Execute the Agreement. (Beltran)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

12. Ordinance No. 2024-XXXX, Adding Chapter 9, Construction and Demolition Waste of Title 6, Health and Sanitation, of the Ceres Municipal Code to Establish Administrative Procedures for Documenting Compliance with Senate Bill 1374 and the California Green Building Code Standards (CalGreen) for the Diversion of 65 Percent of Construction and Demolition Debris from Landfills. (Royal)

NEW BUSINESS

None

DISCUSSION ITEMS

None
AGENDA
Regular City Council Meeting
June 10, 2024

Page 4 ends

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

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

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

CLOSED SESSION

13. 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

14. Liability Claims, Cal. Gov. Code §54956.95
Claimant: Vincent Hooper
Agency Claimed Against: City of Ceres

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on June 24, 2024 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA .

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, June 5, 2024, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

AGENDA
Regular City Council Meeting
June 10, 2024

Page 5 ends

Council Agenda:

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

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at 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 call the City Clerk’s Office at (209) 538- 5731.

Notice regarding Americans with Disabilities Act:

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

DRAF

T MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Tuesday, May 28, 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
Ma
yor Lopez called the May 28, 2024 meeting to order at 6:00 p.m.

ROLL CALL – Present:

M
ayor: Javier Lopez
Vice Mayor: Bret Silveira (District 3)
Councilmembers: James Casey (District 1); Rosalinda 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 Absent Present Present

INVOCATION
Jeff Thompson, Big Valley Grace Community Church.

PLEDGE OF ALLEGIANCE
P
ledge of Allegiance was led by Mayor Lopez.

PRESENTATIONS
A. M
ental Health Awareness Proclamation
M
embers from the NAMI Club accepted the proclamation.

CITIZEN COMMUNICATIONS to the Council on matters included on the agenda (five minutes)
N
one
ITEM 3

DRAFT MINUTES
Special City Council Meeting
May 28, 2024

Page 2 ends

APPOINTMENTS TO BOARDS/COMMISSIONS

N
one

CONFLICT OF INTEREST DECLARATION

N
one

CONSENT CALENDAR

A
ction: Motion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving items 1 – 6 . Motion carried 4 /0/1/0 by the following roll call vote:

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

1. Clerks Report of Posting. The agenda of the May 28, 2024 Special City Council Meeting was Posted on Wednesday, May 22, 2024. (City Clerk)

3. Approval of Minutes for the May 13, 2024 Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand(s) Dated May 2, 2024 through May 8, 2024. (Esenwein)

5. Resolution No. 2024 -59, Adopting a List of Projects for Fiscal Year 2024- 25 Funded by SB 1: The Road Repair and Accountability Act of 2017. (Beltran)

6. Resolution No. 2024-60, Approving the Application for the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection. (Chavez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

N
one

UNFINISHED BUSINESS

N
one
ITEM 3

DRAFT MINUTES
Special City Council Meeting
May 28, 2024

Page 3 ends

PUBLIC HEARING

7. R
esolution No. 2024 -61, Consider ing an Appeal of Planning Commission’s Approval of Conditional Use Permit Application Number 23- 23 (CUP) for El Rematito, Filed by Quetzal Corporation, Pedro and Candida Marquez / Nelson Gomez, Located at 3025 and 3113 Crows Landing Road, Ceres, CA (APN: 056- 055-030, -033). (Simvoulakis)

Community Development Director, Lea Simvoulakis, introduced the item.

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

John Warren spoke regarding the hours of operation, residential construction in the area, noise level, event permits, and Planning Commission approvals.

Nelson Gomez spoke regarding noise level, conditional use permit, and temporary use permit.

Mayor Lopez closed public comment.

Council and staff discussion included hours of operation, allowable types of events, violating the permit, consequences of a complaint, hours of noise, permissible uses during construction, Fire Department requirements during the construction phase, fire hydrant location and access, and construction timeline.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving item 7 with the following changes:

Allowable days and times for amplified music are Sunday – Thursday until 10:00 p.m. and Friday – Saturday until 11:00 p.m.; and

No special event shall occur on -site while the site is under construction and the Fire Department shall review and
approve an interim plan related to hydrant access.

Motion carried 4/0/1/0 by the following roll call vote:

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

ITEM 3

DRAFT MINUTES
Special City Council Meeting
May 28, 2024

Page 4 ends

8. Ordinance No. 2024 -XXXX, Amending Title 15, Buildings and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2022 California Fire Code. (Wise)
Interim Fire Chief, Kevin Wise, introduced the item.

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

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving item 8. Motion carried 4 /0/1/0 by the following roll call vote:

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

NEW BUSINESS

9. R
esolution No. 2024-62, Authorizing the Withdrawal from and Termination of the Agreement Between the City of Ceres, the City of Modesto, and the County of Stanislaus Regarding the Tuolumne River Regional Park. (Dunford)

City Attorney, Nubia Goldstein, introduced the item.

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

Council and staff discussion included the City’s benefit from the partnership and the amount owed to the partnership.

Action: Motion by Vice Mayor Silveira, seconded by Councilmember Vierra, approving item 9. Motion carried 3/1/1 /0 by the following roll call vote:

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

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

10. Zoom Participation at City Council Meetings
(Requested by Vice Mayor Silveira at the April 8, 2024 City Council Meeting to be agendized for a future council meeting for council consideration.) ITEM 3

DRAFT MINUTES
Special City Council Meeting
May 28, 2024

Page 5 ends

Vice Mayor Silveira introduced the item.

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

John Warren spoke in favor of allowing Zoom participation during City Council meetings.

Mayor Lopez closed public comment.

Council consensus to have this item placed on a future agenda.

REPORTS

•
Mayor

Nothing to report.

• City Council

Vice Mayor Silveira spoke regarding Concerts in the Park beginning June 4, 2024.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Julian Aguirre, Economic Development Manager, spoke regarding Bridging the Gap on May 30, 2024.

• County Supervisor

Nothing to report.

CLOSED SESSION

11. C
onference 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 ITEM 3

DRAFT MINUTES
Special City Council Meeting
May 28, 2024

Page 6 ends

Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

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

John Warren spoke regarding closed session not being listed on the agenda.

Mayor Lopez closed public comment.

REPORT FROM CLOSED SESSION

M
ayor Lopez reported out that direction was provided to staff.

ADJOURNMENT

The next regular City Council Meeting will be held on June 10, 202 4 at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 7:59 p.m.

_____________________________
Javier Lopez, Mayor

____________________________
Fallon Martin, City Clerk

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

ITEM 3
RVB
* * COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
DanielA. Martinez, Dist. 4
TO
MEETING DATE: June 10,2024
Mayor and City Council
FROM Doug Dunford, City Manager
CONTACT Shannon Esenwein, Finance Director
shannon.esenwein@ci. ceres.ca. us, (209) 538-5765
SUBJEGT: Register of Audited Demand(s) Dated May 15, 2024 RECOMMENDED COUNCIL ACTION :

City Council approve the register of audited demand(s) dated May 1 5, 2024, covering obligations to be paid by generalwarrants #129938 through #130007 in the amount of $878,076.36.

I. BACKGROUND:
ln accordance with Section 37202 of the Government Code of the State of California this is presented herewith a summary of demands against the City of Ceres covering obligations to be paid for the period ending May 15,2024.

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

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

Approved by:

Shannon Esenwein, Finance Director
Attachments

1. Warrant Register May 1 5,2024
ITEM 4
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check # Date VND # Vendor Namelnvoice #
045464382
130003 05t15t24 4185 UNTTED S|TE SERVTCESct30't200
114-13847536
13OOO4 05115124 3966 VALLEY TIRE SALES, INC1 05995
130005 05t15t24 4090 WEST COASTARBORTSTS, tNC212382-A
130006 05t1st24 4111 WILLE ELECTRTC SUppLy, tNC.s2197168.001 130007 05t15t24 4112 WtLLEyPR|NTINGCO., tNC.1 501 59
150307
70 Vouchers in this report
PO#lnvoice Description
APR 24 ADDTL TMPLEMENTATTON REMOTE (4t7 &4t19t24)
(12) STREET SWEEPER GUTTER BROOMS/ HANDLE
411.30124 RANGE TOILET RENTAL
(30) TrRES FOR STOCK
311-15124 GRID PRUNE

WIRE TERMINALS FOR AERATOR REPAIR
T. HERNANDEZ: BUSINESS CARDS
L.SIMVOULAKIS: BUSINESS CARDS
Total:

Total
Total
Total
Total
Total
Total vouchers
Amount
1,956.00
4,s64.00
2,354.16
279.69
2,633.85
4,294.23
4,294.23
17,880.80
17,880.80
193.96
193.96

79.11 80.20
159.31
878,076.36
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check # Date VND # Vendor Name
129998 05t15t24 5710 oCML, INC
129S9 05115124 3870 TOP DOG POLICE K9 TRAINING AND

CONSULTING, LLC
130m0 05115124 3898 TROY E. SLAYBAUGH
130m1 05115124 3905 TURF STAR INC
lnvoice #
551 I
5592
11084
24-04
24-03
1 106
1 105
tNVo14465
045-462715
PO#lnvoice Description
JAN-MAR 24 RADIO CONSOLE MAINTENANCE SR911
APR-JUN 23 RADIO CONSOLE MAINTENANCE SRg11
22300105 COMMUNITY CENTER EVENT STAGE
4t2 & 4t16t24 K9 TRATNING (3) TEAMS
3t5 &3r26t24 K9 TRAINING (4) TEAMS

PAINTED PLANTER BOXES AT SMYRNA PARK
411-15124 GRAFFITIABATEMENT - CE AND PARKS

PULLEY FOR TORO MOWER PARKS
APR 24 ADDTL TMPLEMENTATTON REMOTE (4t3 & 4tsl24)
Total
Total
Total:

Total
Total
Amount
3,360.00
2,460.00
44,904.00
18,30s.05
18,305.05
675.00
900.00
1,575.00
1,295.00
3,128.00
4,423.00
289.70
289.70
2,608.00 130002 05115124 3915 TYLER TECHNOLOGIES, lNC.
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check # Date VND # Vendor Namelnvoice #
129991 05r15t24 3343 RAY'S RAD|O SHOP tNC.53247
129992 05t15t24 1004 LETTCTA GONZALEZ pADtLLA69040979
129993 05t15t24 3349 RED INC ARCHTTECTS6582
129994 05t15t24 3495 SAFE T LITE OF MODESTO tNC397391
129995 05t15t24 3608 SHANE PARSON1 006523
129996 05115124 3749 STANISLAUS COUNTY DEPT OF

ENVIRONMENTAL RESOURCES
473604
129997 05115124 3753 STANISLAUS COUNTY SHERIFF'S DEPT 5586 PO#
22300099
lnvoice Description
Total:

APR 24 MAINT WIRELESS NETWORK
Total
GONZALEZ PADILLA P7940 419124 RFND CALMB
Total
MAR 24 ROCKEFELLER DR TENANT IMPRVMNT PROJ DESIGN
Total

RAIN GEAR FOR ROBERT COSTA
Total

RECREATION STAFF UNIFORMS
Total
BUSINESS PLAN FEE/CUPAWELL 42 FACILITY FACOO421
Total
APR-JUN 24 SR911 FIRE DISPATCH SVCS
Amount
260.00
1 ,1 00.00
1,100.00
600.00
600.00
't,425.00
1,425.00
't 16.59
1 16.59
241.58
24',1.58
148.00
148.00
39,084.00
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/2O/2024 8:54:07 AM
Check #
1 29986
Date
05t15t24
VND# VendorName
5583 ODP BUSINESS SOLUTIONS, LLC
lnvoice #
362073360001
APR2024
APRIL 2024
16822
17175
23-1017
23-1 598
23-1920
24-1335
PO#lnvoice Description

OFFICE SUPPLIES FOR WATER CONSERVATION
APR2O24 GAS SVCS
APR 24 GAS SVCS

DOT RANDOM ALCOHOL DRUG TESTING

ANNUAL LOAD TEST FOR GENERATOR MAINTENCE

ANNUAL LOAD TEST GENERATOR & MAINTENCE

REPAIR TO GENERATOR FOR P/S

ANNUAL LAB EQUIPTMENT CALIBRATION & CERTIFICATION
Total
Total
Total
Total:

Amount

70.96 70.96
-2,389.12
6,498.95
4,109.83

90.00 48.00
138.00
3,656.51
2,045.00
1 ,310.45
1,520.00
8,531.96
260.00
1299E7 05t15t24 3129 PACTFIC GAS & ELECTRTC
129988 05t15t24 5126 PLEXUS GLOBAL LLC
129989 05t15t24 5466 POWERGEN, tNC
129990 05t15t24 5041 QUALTTY CONTROL SERV|CES, rNC 74511 5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check # Date VND # Vendor Name
129984 05t15t24 2992 MOTOROLA SOLUTTONS, tNC
129985 05t15t24 3102 o'REtLLyAUTO PARTS
lnvoice #
521542084
521542063
521542071
521542086
521454163
521454140
521454148
520974391
521454161
8230455492
4452-392839
PO#lnvoice Description

MATS FOR PW ADMIN BUILDING
5/6/24 UNIFORM SVCS FOR PARKS
5/6/24 UNIFORM SVCS FOR WASTEWATER
5/6/24 UNIFORM SVCS FOR FLEET
4122124 UNIFORM SVCS FOR STREETS
4122124 UNIFORM SVCS FOR PARKS
4122124 UNIFORM SVCS FOR WASTEWATER
2/5/24 UNIFORM SVCS FOR PARKS
4122124 UNIFORM SVCS FOR FACILITIES
611.30124 RADIO REPAIR MAINTENANCE CONTRACT

VALVE KITS FOR STOCK
Total
Total
Total
Amount

10.00 136.78

70.82 31.95

47.23 50.54

72.08 56.02

28.48 545.85
1,451.34
1,451.34

57.57 57.57
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check #
1 299;9
Date
ost15t24
VND# VendorName
1829 FRESNO TRUCK CENTER
lnvoice #
F014079968:01
PO#lnvoice Description

BRAKE AIR LINE PARTS & HOSES FOR STREET SWEEPER
CITY SPONSORSHIP FOR THE LOVE CERES EVENT 4127124
A.LEPE: SWRCB D2 &T2 APPLICATION FEE WTR DIST
REIMB SWRCB DISTRIBUTION GRADE 2 CERT FEE CK#1035
REIMB SWRCB DISTRIBUTION GRADE 2 CERT FEE CK#1034

MATS FOR PWADMIN BUILDING
4129124 UNIFORM SVCS FOR FLEET
Total
Amount

27.72 27.72
2,500.00
2,500.00
130.00
130.00

60.00 60.00
120.00

10.00 31.95
129980 05t15t24 5541 LOVE STANISLAUS COUNTY, lNC. 2024-37 129981 05t15124 1001 ANTONIO LEPE140720 D2&T2
129982 0511s124 1001 ANTONTO LEPE140720 T2
140720
129983 05t15124 5362 MISSION LrNEN SUPPLY521497915
521497917
Total:

Total:

Total:
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
Check #
129973
Date
05t15t24
VND# VendorName
2418 tDN-W|LCO tNC
lnvoice #
1 04s1 41 9-00
63386s
02P503020
095
38703
228s8
22885
22882
PO#lnvoice Description

PARKS PAD LOCKS
APR 24 WATER SAMPLE ANALYSIS HPC
COMPRESSOR KIT FOR WTR DEPT SVC TRUCK F55O
4129-519124 GET FIT/ZUMBA GOLD CLASSES

T-SHIRTS & SWEATSHIRTS FOR DISPATCH-PER MOU

PRE-EMPLOYMENT PSYCH EXAM

PRE-EMPLOYMENT PSYCH EXAM
5/20/2024 8:54:07 AM
Amount
453.44
Total453.44

60.00 60.00
512.24
5't2.24
312.00
312.00
789.65
789.65
475.00
475.00
475.00
't,425.00
Total
Total
Total
129974 05115124 2419 IEH-JL ANALYTICAL SERV INC.
129975 05115124 2445 INTERSTATE TRUCK CENTER
129976 05t15t24 5272 JANA KIRCHERT
129977 05t1st24 s545 JASON WRtcHT
129978 05115124 2501 JOCELYN E. ROLAND, PH.D,, ABPP
Total
Total:
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
Check #
129970
Date
05t15t24
VND# VendorName
5816 HUNT & SONS LLC
lnvoice #
768558
28081 6
8479
8480
614430
699634
972163
972162
AO38071
AO38069
AO38070
PO#lnvoice Description

DYED DIESEL FOR WWTP

DYED DIESEL FOR WWTP
Total:
4t1-15t24 FUEL FOR PW ACCT #76078
4t1-15t24 FUEL FOR PD ACCT #76081

DYED DIESEL FORWWTP

DYED DIESEL FORWWTP
3t16-31t24 FUEL FOR PD ACCT #76081
3t16-31t24 FUEL FOR PW ACCT #76078
Total:

ANNUAL HOOD CLEANING KITCHEN EXHAUST LEGION HALL

ANNUAL HOOD CLEANING KITCHEN EXHAUST COMM CNTR

ANNUAL HOOD CLEANING KITCHEN EXHAUST COSTA FIELDS
Total:
5/20/2024 8:54:07 AM
Amount
1,277.28
2,585.69
3,862.97
9,867.95
9,596.68
1,254.56
1,503.79
9,039.29
8,568.95
39,831.22
710.98
713.14
713.14
2,137.26
129971 05t15t24 5816 HUNT & SONS LLC
129972 05t15t24 2411 t.C. REFRTGERATTON SERV|CE, tNC.
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check # Date VND # Vendor Name
129966 05t15t24 5564 MAGNET FORENSICS, LLC
129967 05115124 2232 GREEN RUBBER-KENNEDYAG
129968 05t15t24 5661 KTRKMAN BECK, LLC
129969 05t15t24 2392 HOWK SYSTEMS, tNC
lnvoice #
K4D2207
K4D2231
K4DO211
stN066970
M-508568
39972
40040
01 78699-rN
0179296-rN
PO#lnvoice Description
APR 24 WATER SAMPLE ANALYSIS W39 & 40 NITRATE
APR 24 WATER SAMPLE ANALYSIS W28 & 38 NITRATE
APR 24 WATER SAMPLES ANALYSIS Q1 TTHM
2024-25 GRAYKEY LICENSE TO UNLOCK APPLE PHONES

AIR HOSE FOR PATCH TRUCK
TEMP SVCS SECRETARY WE 4t28t24 (R.JOHNSON)
TEMP SVCS SECRETARY WE 5t5t24 (R.JOHNSON)
CL2 TANK PARTS FOR LEAKY TANK CR FROM INV#178690

COSTA FIELDS VALVE REPLACEMENT
Total
Total
Total
Total
Total
Amount

42.80 42.80
1,838.50
16,712.'tO
11,820.00
11,820.00

33.24 33.24
1,276.00
1,276.00
2,552.00
-36.03
1,324.93
1,288.90
5/2O/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Gheck # Date VND # Vendor Namelnvoice #
4992704
PO#lnvoice Description

FLEX TUBING KIT FOR PLUMBING
12OV HI-WD LIGHT FORS CREW GUN FOR FACILITIES

PIPE INSULATION

TREES FOR LOVE CERES ARBOR DAY

GATE OPENER REPLACEMENT
APR24 WATER SAMPLE ANALYSIS WQP DIST
APR 24 WATER SAMPLE ANALYSIS W22 URANIUM
APR 24 WATER SAMPLE ANALYSIS W39 & 40
APR 24 WATER SAMPLE ANALYSIS DIST 13
APR 24 WATER SAMPLE ANALYSIS WQP DIST METALS
Total:

Total:

Amount
207.09

20.70 1,185.04
654.89
654.89
1,609.44
1,609.44
4,168.00
4,168.00
5,520.90

85.00 1,887.10
546.00
6,749.00
4744336
129962 05t1st24 1993 FERGUSON WATERWORKS #1423 1851532
129963 05115124 2043 FRANTZ WHOLESALE NURSERY 628312
129964 05t15r24 2127 GATE-OR-DOOR rNC.1 331 56
129965 05115124 2134 GEOANALYTICALLABORATORIESK4D0808
K4D2208
K4D0924
K4D2909
K4D0108
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check #
1 29955
Date
05t15t24
VND# VendorName
1649 CLARK PEST CONTROL, INC,
lnvoice #
35216284
PO#lnvoice Description
APR 24 DAIRY FLY SPRAYING

APR METRO SCAN OLINE ACCESS STAN CO DATE,AERIAL

TRAFFIC BREECHES - KESSLER

WINDOW REPAIR VANDALISM
QE O3I 31 I 2024 U N E M P LOYM E NT I NS ACCOU NTI D9 32-041 8-8 APR 24 PRE-EMPLOYMENT CREDIT CHECK

FLEX TUBE KIT, PLUMBING

REPLACEMENT WATER HEATER
Total:

Total:

Total
Total
Total
Amount
640.00
640.00
410.00
410.00
152.43
'152.43
484.00
484.00
12,358.00
12,358.00

27.00 27.00
147.70
809.55
129956 05t15t24 1693 CORELOGTC SOLUTTONS. LLC30717632
129957 05t15t24 1733 CRESCENT SUppLyKl0204
'f 29958 05115t24 1878 DON'S MOBTLE GLASS, tNC1RES587746 129959 05115124 1930 EMPLOYMENTDEVELOPMENTDEPT QE03312024UI 129960 05t15t24 1961 EXPERTANcD2501 008049
129961 05t15t24 1991 FERGUSON US HOLD|NGS, tNC4992704-1 5036299
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check# Date VND# VendorName
129950 05t15t24 1573 CERES PRO TOW
129951 05t15t24 1636 Ctry OF CERES "PETry CASH"
129952 05t15t24 1643 Clry OF MODESTO
129953 05t15t24 1644 Crry OF MODESTO
129954 05t15t24 1644 CITY OF MODESTO
lnvoice #
QQ85924
QX25902
QT73532
45419
APR2024
MAY 2024
31 5721-1 33356
APR24
315721-134894
APR24
PO#
22400070
22400070
22400086
lnvoice Description
MESH WIFI UPGRADE ARPA FUNDS FY23I24
MESH WIFI UPGRADE ARPA FUNDS FY23I24
ADOBE RENEWAL FY23I24
FLAT TOW - UNIT 292
APR 24 PETTY CASH - FINANCE
MAY 24 FIRE PROTECTION PREVENTION
3t25-4t22r24 WTR SVCS FtS#2 (19)
3t254t22t24 WATER SVCS ROW @ RICHLAND AVE
Total
Total:

Total:

Amount
3,494.23
1,064.98
7,848.00
23,214.29

35.00 3s.00

30.60 30.60
61 9,I 89.63
619,189.63

79.40 79.40

36.98 35.98
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Gheck #
129945
Date
05t15t24
tNV06-018715
129946 05t15t24 1216 AYERA TECHNOLOGtES,tNC.562719
129947 05115124 1343 BLACK WATER CONSULTING

ENGINEERS,INC
6539
129948 05t15t24 1462 CALTFORNTA LANDSCAPE SUppLy, tNC. 88365 129949 05t15t24 1548 CDW-GQJ79820
QK32784
QK84470
Q136740
QN31 131
PO#lnvoice Description
suTA (SALES & USE TAX AUDTT) QTR ENDTNG 12t31t23
APR 24 PROCESSTNG BL ADMTN SVCS (230) LICENSES
MAY 24 MONTHLY INTERNET SVCS FOR FLEET
1 0331DEC 23 STORM DRAIN MASTER PLAN FY18

FIBER FOR STRAWBERRY PARK
VND# VendorName
1199 AVENU MUNISERVICES
lnvoice #
tNV06-01 8649
Total
Total
Total
Total:

Amount
920.43
2,440.30
3,360.73

59.00 59.00
1,03s.00
1,035.00
159.31
159.31
8,257.44
1,259.43
174.38
869.60
246.23
22400070
22400070
22400070
22400070
22400070
MESH WIFI UPGRADE ARPA FUNDS FY23I24
MESH WIFI UPGRADE ARPA FUNDS FY23I24
MESH WIFI UPGRADE ARPA FUNDS FY23I24
MESH WIFI UPGRADE ARPA FUNDS FY23I24
MESH WIFI UPGRADE ARPA FUNDS FY23I24
5/20/2024 8:54:07 AM
ITEM 4
Voucher List
City of Ceres
5/20/2024 8:54:07 AM
Check #
1 29938
Date
ost't5t24
129939 05115124 5777 ACE INDUSTRIAL SUPPLY, INC2214711
129940 05115124 1098 AL'S CERTIF ED SAFE & LOCK268191
129941 05t15r24 1082 ALHAMBRA12203096 050324
129942 05115124 5792 ALPINE PROTECTIVE SOLUTIONS LLC Os.CITYOFCERES 129943 05t15t24 1185 AT&T000021 591 321
129944 05t15t24 1187 AT&T MOBILTTY992499580X05012024
lnvoice Description
APR 24 ACA REPORTING FEES
(12) BXS HEAVEY DUTY DISPOSABLE GLOVES

DUPLICATES KEYS MADE
APR 24 LAB DI WATER
APR 24 SECURITY PATROL FOR CITY PARKS
3120-4119124 T1 LINE CONNECTION CORP YD-Cry HALL
3124-4123124 MODEMS FOR PD & FIRE VEHICLES
VND# VendorName
1028 ACCORD SYSTEMS, LLC
lnvoice #
P0555632
PO#
Total
Total
Total
Total
Total
Total
Amount
453.44
453.44
437.29
437.29

99.25 99.25

79.94 79.94
5,280.00
5,280.00
162.81
162.81

87.57 87.57
5/20/2024 8:54:07 AM
Total:

ITEM 4

COUNCIL AGENDA REPORT

Information only, no action required.

I. BACKGROUND:

The City of Ceres Water Division is required by the Health and Safety Code, Section116378 to notify the governing body of the local agency when a contaminant in excess of a Notification Level is discovered in the drinking water source. Notification levels are nonregulatory, health -based advisory levels for contaminant s that are established as precautionary measures. The Division of Drinking Water for the State of California established the notification level for four PFAS compounds, PFOA, PFOS, PFHxS, and PFBS.

PFAS are a category of manufactured chemicals that have been used in industry and consumer products since the 1940s. PFAS have characteristics that make them useful in a variety of products, including nonstick cookware, waterproof clothing, and firefightin g foam, as well as in certain manufacturing processes. PFAS tend to break down extremely slowly in the environment and can build up in people, animals, and the environment over time. PFAS have been largely phased out due to health and environmental concerns but may still be found in the environment and drinking water especially near industrial sites, airports, and military installations.

Exposure to PFAS over a long period of time may lead to a negative health effect on developing babies and pregnant people, weaken a body’s ability to fight diseases, increased risk for some cancers, liver damage, and can elevate cholesterol levels.

Health and Safety Code section 116378 requires community systems, when ordered to monitor for any PFAS with a notification level, to
ITEM 5a
A. Report detected results in the water system’s annual consumer confidence report, B. Notify the water system’s governing body if a notification level is exceeded, and C. Either remove a water source from use or provide public notification within 30 days if a response level is exceeded.

In 2022, t he City of Ceres was ordered by the State Water Resources Control Board (SWRCB) to monitor only one well quarterly, Well 34, for PFAS starting January 2023.

Well 34 exceeded the notification limit of 3 ng/L for PFHxs and 6.5 ng/L for PFOS, and

5.1 ng/L for PFOA for two consecutive sampling periods. The average sampling results for PFHxS is 6.95 ng/L, PFOs is 20.75 ng/L, and PFOA is 7.65 ug/L. An information only report informing council members of the order and brief update was presented at the September 11, 2023, council meeting.

In response to increasing statewide concern regarding the possible contamination of drinking water supplies by PFAS, the SWRCB initiated a comprehensive effort to investigate the nature and scope of the issue. As part of this effort, the SWRCB issued a second order, DW 2024-0002-DDW (2024 Order), to the City of Ceres on March 4, 2024 as 12 additional wells in our water system are required to be tested. The Budget Act of 2022 appropriated funds to test for PFAS in community public water systems serving disadvantaged communities and has offered initial monitoring under the 2024 Order at no cost to the City of Ceres . Water staff has accepted the free sampling services and is awaiting confirmation of the sampling schedule from the Office of Water Programs in order to proceed with compliance. Once sampling has begun and results are available, staff will update the council with determinations and steps required moving forward.

II. REASONS FOR RECOMMENDATION:

N/A
III. FISCAL IMPACTS:

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

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 5a
IX. STEPS FOLLOWING APPROVAL:

N/A

Approved by: ________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – PFAS General Order DW 2024-0002-DDW

2. Attachment B – List of sources subject to Order No. DW-2024-0002-DDW (see pg. 42/205)
ITEM 5a
ITEM 5a

STATE OF CALIFORNIA

STATE WATER RESOURCES CONTROL BOARD

DIVISION OF DRINKING WATER
ORDER DW 2024-0002-DDW

GENERAL ORDER REQUIRING MONITORING FOR PER AND

POLYFLUOROALKYL SUBSTANCES
CALIFORNIA HEALTH AND SAFETY CODE SECTION 116378
The State Water Resources Control Board (“State Water Board” or “Board”), acting by and through its Division of Drinking Water (“Division”), hereby issues General Order No.

DW 2024-0001-DDW (hereinafter “Order”) pursuant to section 116378 of the Health and Safety Code, as set forth below:

1. WHEREAS, Assembly Bill 756 (2019-Ga rcia), approved by the Governor on July 31, 2019, and codified as Health and Safety Code section 116378, authorizes the State Water Board to require public water systems to monitor for per and polyfluoroalkyl substances (“PFAS”), in accordance with conditions set by the Board; and

2. WHEREAS, the Budget Act of 2022 appr opriated funds to test for PFAS in community public water systems serving disadvantaged and severely disadvantaged communities, the California State University, Sacramento’s Office of Water Programs (OWP) and Babcock Laboratories, Inc. will collect and analyze samples for PFAS chemicals from drinking water sources under this order at no cost to the water system; and

3. WHEREAS, Health and Safety Code se ction 116378, subdivision (a) requires a laboratory that has accreditation or certification pursuant to Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101 of the Health and Safety Code to perform the analysis of any material required by an order issued pursuant to Health and Safety Code section 116378; and ITEM 5a
ORDER DW 2024-0002-DDW
2 4. WHEREAS, an order i
ssued pursuant to Health and Safety Code section 116378 may apply to an individual public water system, specific groups of water systems, or to all public water systems; and

5. WHEREAS, pursuant to Health and Safety Code section 116378, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to an order issued to groups of public water systems or all public water systems; and

6. WHEREAS, Health and Safety Code section 116378, subdivision (c)(1) states that if monitoring results in a confirmed detection, then a community water system or a nontransient-noncommunity water system must report that detection in the annual consumer confidence report. Section 116378, subdivision (c)(1) further states that unless the water source is taken out of use or new data become available to show that the applicable response level is no longer being exceeded, the community or nontransient-noncommunity water system will provide notice of the exceedance of the response level in the water system’s consumer confidence report; and

7. WHEREAS, Health and Safety Code section 116378, subdivision (c)(2) states that in addition to the notice required by subdivision (c)(1), for PFAS with notification levels, a community water system or nontransient-noncommunity water system must report a detection which exceeds the notification level as required by Health and Safety Code section 116455; and

8. WHEREAS, Health and Safety Code section 116378, subdivision (c)(3) states that for PFAS with response levels where a detected level of a PFAS chemical exceeds the response level, a community water system or nontransient- noncommunity public water system must take the water source out of use, provide treatment or blending of the source, or provide public notification as specified therein; and
ITEM 5a
ORDER DW 2024-0002-DDW
3 9. WHEREAS, among other things, Health and Safety Code section 116455 requires that within 30 days of a confirmed detection of a contaminant found in drinking water delivered by a public water system for human consumption that is in excess of a notification level set
by the State Water Board, the public water
system which supplies water directly to the end user must notify the public water system’s governing body and the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the water system. A local agency means a city or county. If the water system is a water company regulated by the California Public Utilities Commission (“Commission”), then the water system must also notify the Commission; and

10. WHEREAS, on August 22, 2019, pursuant to Health and Safety Code section 116455, the State Water Board: (1) updated the notification level for perfluorooctanoic acid (“PFOA”) from 0.000014 mg/L to 0.0000051 mg/L; (2) updated the notification level for perfluorooctanesulfonic acid (“PFOS”) from

0.000013 mg/L to 0.0000065 mg/L; and

11. WHEREAS, on August 22, 2019, the Division requested the development of Public Health Goals (PHG) from the Office of Environmental Health and Hazard Assessment (OEHHA) for PFOA and PFOS; and

12. WHEREAS, on February 6, 2020, pursuant to Health and Safety Code section 116455, the State Water Board: (1) changed the response levels from a total combined PFOA and PFOS concentration of 0.000070 mg/L to 0.000010 mg/L for PFOA and 0.000040 mg/L for PFOS; and

13. WHEREAS, on March 5, 2021, pursuant to Health and Safety Code section 116455, the State Water Board established a perfluorobutane sulfonic acid (PFBS) notification level of 0.0005 mg/L and response level of 0.005 mg/L; and

14. WHEREAS, on October 31, 2022, pursuant to Health and Safety Code section 116455, the State Water Board established a perfluorohexane sulfonic acid ITEM 5a
ORDER DW 2024-0002-DDW
4 (PFHxS) notification level of 0.000003 mg/L and response level of 0.000020 mg/L; and

15. WHEREAS, by and through this Order, the State Water Board is exercising its authority under Health and Safety Code section 116378 to require those public water systems listed in Exhibit A to this Order to monitor for PFAS in accordance with the conditions set forth below.

THEREFORE, the State Water Board, by and through its Division of Drinking Water, hereby orders the public water systems listed in Exhibit A to this Order, and if not listed, receives at a later date a Notice of Applicability, to monitor for PFAS as follows:

1. On or before April 1 st, 2024, register at https://pfas.owp.csus.edu. Indicate if requesting free sampling services provided by California State University Sacramento’s Office of Water Programs (OWP) and designate your contact for scheduling or if intending to self-sample. Not all self-sampling requests will be granted. If selected to self-sample, free sampling kits will be provided, including shipping to and analysis by DDW’s contracted laboratory.

2. If using OWP’s free sampling services, OWP will propose a sampling date for each well. Respond within 30 days via email or phone to confirm the sampling date or reach a mutually agreed sampling date for all wells to be sampled under this order.

3. On or before August 31 st, 2026, collect a sample, or if using OWP’s free sampling services, provide access for sample collection, from the sources listed in Exhibit A to be analyzed for PFAS.

4. If directed by DDW, collect additional samp les from the sources listed in Exhibit A to be analyzed for PFAS on or before December 31
st, 2026.

5. Samples collected under paragraphs No. 3 and 4 above must be analyzed by DDW’s contracted laboratory. All other samples, including confirmation samples, must be analyzed using a laboratory accredited by the California Environmental ITEM 5a
ORDER DW 2024-0002-DDW
5 Laboratory Accreditation Program (ELAP) for analysis of PFAS using EPA Method 533. The laboratory must conduct and report electronically a complete analysis for all PFAS analytes und
er EPA Method 533.

6. Use OWP’s free sampling services for monitoring under paragraphs No. 3 and 4 above unless otherwise directed by DDW.

7. Provide a certified Treatm ent or Distribution Operator to assist the sampling team with site access and to aid in pump and valve operations if using OWP’s free sampling services.

8. Attend training and follow all instru ctions if selected to self-sample.

9. A PFAS detection is a positive finding of a quantifiable amount above the established detection level requirement for any PFAS analyte tested pursuant to this Order. For the purposes of meeting the requirements in Health and Safety Code section 116378, the established detection level requirement for each PFAS analyte will be identified as the Consumer Confidence Report Detection Level (CCRDL). The detection level requirement for each PFAS constituent for which monitoring is required in this Order is identified by the State Water Board and attached to this Order.

10. If a laboratory reports the detection of PFAS in any sample at a concentration greater than the established Detection Level per analyte in Exhibit B, the CCRDL, the water system will have the option of voluntarily collecting one or two confirmation samples within 30 days of being notified of the initial detected result by the laboratory.

11. If a PFAS detection is followed by a confirmation sample with a result less than the Detection Level, a second confirmation sample may be taken by the water system. Both the first and second voluntary confirmation samples must be collected within 30 days of the notification by the laboratory of the initial detected sample result. An initial detected result will be disregarded if both confirmation ITEM 5a
ORDER DW 2024-0002-DDW
6 samples do not show the detection of the PFAS contaminant. If no confirmation sample – or only one confirmation sample – is collected, the initial detection must be presumed to be confirmed.

12. If the PFAS detection is confirmed, results of the initial and confirmation samples will be averaged to determine if the confirmed detection is greater than the applicable notification level
and/or response level. For calculation purposes, a
result below the established detection level will be assigned a value of zero when averaging.

13. If the PFAS detection is confirmed, the detection must be reported in the water system’s annual consumer confidence report.

14. If the results of a PFAS detection are confirmed to exceed a notification level, the water system must report the detection as required by Health and Safety Code section 116455. Section 116455 notification is required within 30 days after the water system is first informed by the laboratory of a confirmed detection of the contaminant that exceeds the notification level. As required by section 116455, if the public water system is a retail water system, then the person operating the retail water system must notify the retail water system’s governing body and the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the retail water system. If the public water system is a wholesale water system, then the person operating the wholesale water system must notify the wholesale water system’s governing body and the water systems that are directly supplied with that drinking water.

15. The specific methodology to determine response level exceedances is dependent on the PFAS analyte and health endpoint. An exceedance may be determined by calculating a quarterly running annual average (QRAA), a single or confirmed sample, or as prescribed in the PFAS analytes Notification Level Issuance by DDW. To determine whether monitoring shows an exceedance of a ITEM 5a
ORDER DW 2024-0002-DDW
7 response level, refer to the appropriate methodolog
y of the PFAS analyte.

Exhibit B provides a summary of this information but may not be inclusive as new advisory levels are issued.

16. To determine whether monitoring shows an exceedance of a response level for those PFAS analytes that do not use the QRAA method, either a single sample or a confirmed sample is used to determine if the response level is exceeded.

Except for PFHxS, if laboratory analysis detects the presence of a constituent in any sample above the response level, the water system will have an option to conduct a confirmation sample within 30 days of being notified of the result by the laboratory. If a confirmation sample is collected and analyzed, all results will be averaged. For PFHxS, if laboratory analysis detects the presence of a constituent in any sample above the response level, the water system will not have an option to conduct a confirmation sample and can request to the laboratory the use of the field duplicate to confirm the results. If the duplicate is analyzed, the result will be averaged.

17. To determine whether monitoring shows an exceedance of a response level for those PFAS analytes using the QRAA method, the water system must calculate a QRAA. The QRAA means the average of sample results taken at an individual source, treatment effluent, or delivered water locations for the identified source during four calendar quarters. The QRAA is re-calculated each quarter using the most recent four quarters of results. A single sample may result in the exceedance of the response level. If any sample would cause the QRAA to exceed a response level, the water source would be deemed to have exceeded the response level. If sampling has just begun and there are less than 4 quarters of results to average, then the other quarters will be considered to have a zero value and the quarterly results would be divided by four. If a system takes more than one sample in a quarter, the average of all the results for that quarter must ITEM 5a
ORDER DW 2024-0002-DDW
8 be used when calculating the running annual average. If a system with at least 4 quarterly results does not have four consecutive quarters of monitoring, the running annual average must be based on the 4 most recent results.

18. If any monitoring is undertaken pursuant to this Order results in a concentration of PFAS in the water e
ntering the distribution system that exceeds a response level, the water system must either (1) take the source out of service immediately; (2) utilize treatment or blending; or (3) provide public notification of the response level exceedance. Additionally, the exceedance of the response level must be reported in the annual consumer confidence report.

19. In addition to the sources listed in this Order, public water systems that provide treatment (for example, blending, granular activated carbon, ion exchange, or reverse osmosis treatment) can also voluntarily sample the treated or delivered water to determine notification requirements. If treated water or delivered water samples are proposed to be voluntarily collected, please contact the local DDW district office for input on sampling location and configuration.

20. Public notification for community or nontransient-noncommunity water systems that are delivering water exceeding a response level must meet the requirements of Health and Safety Code section 116378 and either take the source out of use or complete the public notification requirements.

21. The results of all analyses conducted pursuant to this Order must be reported to the Board by the analyzing laboratory using the EDT (Electronic Data Transfer) process in accordance with Section 64469 of Title 22 of the California Code of Regulations. Analytical results must be reported no later than the 10th day of the month following the month in which laboratory analysis was completed.

The State Water Board reserves the right to make modifications to this Order as it may deem necessary to protect public health and safety.

ITEM 5a
ORDER DW 2024-0002-DDW
9 SEVERABILITY
The requirements of th
is Order are severable, and each public water system listed in Exhibit A must comply with each and every provision thereof notwithstanding the effectiveness of any provision.

FURTHER ENFORCEMENT ACTION
The California Safe Drinking Water Act authorizes the State Water Board to issue a citation or order with the assessment of administrative penalties to a public water system for violation or continued violation of the requirements of the California Safe Drinking Water Act or any regulation, permit, standard, citation, or order issued or adopted thereunder including. The California Safe Drinking Water Act also authorizes the State Water Board to take action to suspend or revoke a permit that has been issued to a public water system if the public water system has violated applicable law or regulations or has failed to comply with an order of the State Water Board, and to petition the superior court to take various enforcement measures against a public water system that has failed to comply with an order of the State Water Board.

M a r c h 4 , 2 0 2 4
Darrin Polhemus, Deputy Director Date
State Water Resources Control Board
Division of Drinking Water
Exhibit A – List of Sources Subject to General Order DW 2024-0002-DDW Exhibit B - Consumer Confidence Report Detection Levels (CCRDL) and Advisory Levels
ITEM 5a
ITEM 5a
Exhibit A – List of Sources Subject to General Order No. DW 2024-0002-DDW

Page 42 of 205 ends

County Regulating Agency PWS ID Water System Name PSCode Source Name STANISLAUS DISTRICT 10 -

STOCKTON
CA5010023 CITY OF MODESTO - SOUTH

TURLOCK
CA5010023_
002_002
WELL 275 - BRIER
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
014_014
WELL 14 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
016_016
WELL 16 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
022_022
WELL 22 - RAW - IX - U
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
023_023
WELL 23 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
027_027
WELL 27 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
028_028
WELL 28 - RAW TO GAC
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
032_032
WELL 32 - RAW - MN & AS
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
034_034
WELL 34 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
038_038
WELL 38 - RAW TO GAC
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
039_039
WELL 39 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
040_040
WELL 40 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
041_041
WELL 41 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010028 CERES, CITY OF CA5010028_
056_056
WELL 42 - RAW
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010031 CITY OF MODESTO -

WALNUT MANOR
CA5010031_
001_001
WELL 213 - WALNUT MANOR
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010034 CITY OF MODESTO - NORTH

TURLOCK
CA5010034_
002_002
WELL 256 - HAYES
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010042 WATERFORD-RIVER POINTE CA5010042_
001_001
WELL NO. 01 - RAW - GRNSD -
FE&MN
STANISLAUS DISTRICT 10 -

STOCKTON
CA5010042 WATERFORD-RIVER POINTE CA5010042_
002_002
WELL NO. 02 - RAW - GRNSD -
FE&MN
FRESNO DISTRICT 11 -
MERCED
CA1010007 CITY OF FRESNO CA1010007_
010_010
WELL 205 RAW
ITEM 5a
ITEM 5a

COUNCIL AGENDA REPORT

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of April 2024.

FACILITY SERVICES:
• Completed 165 Facilities Maintenance work orders including: 125 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 40 preventive maintenance services.
• Installed an Electrical Vehicle charger for Fleet to comply with the State mandate to introduce EV vehicles into the City’s fleet.
• Prep Costa Field for the baseball season. Including lighting, new signage, bench repair and supplies for the 2024 season.
• Event Support for the Love Ceres community event. Included set-up and tear down tables, chairs and canopies. LC event was well attended and supported by the Ceres community.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

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

FLEET SERVICES:

Completed 99 work orders.

ITEM 5b

Fleet, Department 20
• Repair on sweeper water tank.
• Repair on corp yard’s forklift brake system.

Fire, Department 15
• N/A

Police, Department 10
• Serviced 7 patrol units.
• Completed repair on two patrol vehicles involved in pursuit. • Pending repair on police patrol unit involved in accident, rear end collision from citizen.
• Service 2 Harley motor patrol units.

Streets, Department 30
• Completed two warranty repairs on street sweepers.

Water, Department 35
• Repairs and service on large service truck completed.

Parks, Department 40
• Toro mower mow deck repairs completed, belts and pulleys.

Wastewater, Department 25
• Large crane truck is out of service and in for PTO pump transmission repairs

Facilities, Department 41
• N/A

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

LANDSCAPE MAINTENANCE:

Completed a total of 244 service requests in the following categories:
• Bike Path Repairs: 2
• City Grounds Maintenance: 9
• Park Landscape and Maintenance: 134
• Parks Landscape chemical usage: 850 gallons Parks / Grounds • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 3 sprinklers
• Park Trees: 8 Trimmed
• Tree Customer Requests (Tree or Limb Down, Trims or Removals): 5 ITEM 5b
• Total Graffiti Vandalism & Repair cost is $3,944.00 for the month of April. • Love Ceres Whitmore Park.
▪ Strawberry Park added fiber to playground, trimmed trees, picked up leaves and trash in the park.
▪ River Bluff Arbor Day planting
• Planted 5 Virginia oaks and 4 Trumpet vines along fields. • Planted 10 New Zealand Flax along field 8
• Planted 2 Eastern Redbuds next to playground along with 10 Lilly of the Nile and several flowers in planter beds.

Parks sprinklers repaired or replaced:
• Barry Grove – 0
• Costa Fields – 6 valves
• Don Pedro – 2 maintenance
• Independence – 10 vandalisms
• Dog Park – 6 maintenance
• Neel Park – 0
• Persephone – 1 maintenance
• Redwood – 0
• River Bluff – 8 maintenance
• Riverview – 1 maintenance
• Roeding Heights – 5 vandalism
• Sam Ryno – 1 maintenance
• Smyrna – 2 valves and 6 sprinklers maintenance
• Strawberry – 4 maintenance
• Whitmore – 3 Maintenance

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (3), Strawberry (2), River Bluff (5), Roeding (3), Ochoa (0) Persephone (2), Smyrna (6), Don Pedro (3), and Independence Park (5)
• Removed tree on Magnolia Street in front of City Hall. Tree was lifting the sidewalk.

Stump to be ground in future
Grid Prune by West Coast Arborists (WCA):
• Grid # 3 2020-2021 100% - Completed with 2,343 trees pruned. • Grid # 4 2021-2022 99% - Completed with 2,450 trees pruned. • Grid # 2 2022-2023 Started in July 2023 99% completed. • Grid # 1 2023-2024 Started in October 2023 97% completed. • Grid #5 2024-2025 Started February 2024 40% completed with 32 trees trimmed. • Pending: 247 high risk, 28 removals, and 96 inspect for trims • No updates for April (Exhausted grid prune funding for FY 23/24)

Grounds
Rights of Way (ROWs):
• Faith Home Rd: pending water staff to schedule backflow install. • River Road: backflow replacement scheduled for next month . Currently water is shut off at River and Canyon Falls.
• All ROW irrigation controllers are being turned on this season.

ITEM 5b
• Roundabout on Eastgate damaged due to vehicle accident. Backflow, shrubs, and irrigation lines were affected. Backflow repaired.

Whitmore Mansion
• Mowed and sprayed.

Parks
Don Pedro:
• Contractor completed walkway on southside of park.

Sam Ryno:
• Parts for Spinning chair and Rocking cycle were delivered and in process of assembly, install.

Smyrna Park:
• Construction for park improvement ongoing.
• Replaced 2 broken valves.
• Repaired fence to Park yard twice due to vandalism.

Costa Fields
• Grover Tree and WCA bid on trimming trees around outfield area Roeding Park:
• Repaired stairs on playground due to vandalism.

Neel Park:
• Started maintenance for Dog Park.
• Aerated, fertilized and overseeded the park.

Independence Park:
• Repaired fence vandalized / removed glass left in park.

Riverview Park:
• Playground 2-5 climbing ladders damaged due to vandalism; parts were ordered for replacement.

River Bluff Park:
• Playground area - replaced 2 sprinklers due to vandalism. • Mowed Lower Area.
• Removed damaged entrance fence due to vandalism.
• Adjusted all fields to different ware patterns.
• 2 trees down and large limbs were cleaned up.
• Flag football fields striped out on 2 fields
Guillermo Ochoa Park:
• Contractor ongoing with park improvements.

Lions Park:
• Cleaned sidewalk around the park.

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

Parks Maintenance Worker, Five (5) Park Maintenance Workers, and none (0) full -time Temporary Maintenance Worker.

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti for April 2024

▪ Residential…………………….… 1155.59 tons
ITEM 5b
▪ Commercial………………………. 1812.30 tons
▪ Illegal dump/litter abate (code enforcement) 47.50 tons 163 locations ▪ Illegal dump (Bertolotti) ………. 0 tons
▪ Bulky items…………………….… 28.19 tons, 129 locations
▪ Leaf/limb (illegal)...…………….… 0 tons
▪ Street Sweep………………….… 84.13 tons
▪ Residential Organics…………… 703.56 tons
▪ Commercial Organics…………. 228.98 tons
▪ Residential Recycle………….… 166.89 tons
▪ Commercial Recycle …………… 8.45 tons
▪ C&D (Construction/Demolition Debris) 0 tons ▪ Used oil…………………………… 378 gallons
▪ Used oil filter……………...……… 57

• There were 55 organic cart contamination violations issued in April. • Solid Waste Division participated in the Love Ceres event on April 27th. • Solid Waste Division hosted informational/promotional booth at the Ceres Street Faire on May 4th.
• The Ceres Unified School District, in partnership with the City of Ceres and sponsored by Bertolotti Disposal, will host the 31st Annual Recycling Poster Contest winner’s reception on Monday, May 13th at 3:30p.m. to recognize this year’s winning entries. Selected designs from participants in grades K-12 will be awarded 1st through 4th place as well as honorable mentions and presented a certificate and monetary prize in 5 different grade level categories.

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

STREETS SERVICES:
• Staff responded to a total of 101 customer service requests. • Responded to 213 Underground Service Alerts (USA) markings. • Repaired 74 street lights to include 2 underground repairs. • Repaired 2 starters at Don Pedro lift station.
• Repaired to storm drain sink holes, Della and Don Pedro Park. • Cleaned downtown streets, sidewalks and alleys in in preparation for Street Faire. • Patched approximately 375 potholes.

City Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (5) Streets Maintenance Operators, one (1) Street Sweeper Operator (2) part time Streets/Code Enforcement Maintenance workers. Please note the Streets Division has had one staff member on light duty since 8/11/21.

WASTEWATER (WWTP):
• Responded to 4 customer service requests and 33 sewer problems, during working hours and after hours.
• Staff responded to 8 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There were (0) SSOs in April which resulted in 0 gallons spilled and recovered. • Serviced or Repaired:
o Lift Stations – 10
o WWTP Equipment – 15
ITEM 5b
o Main line sewer plugs – 1
o Aerators – 1
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation.
• Staff inspected the forced main to Turlock.
• Staff cleaned 29,751 feet of sewer main line.
• Staff CCTV inspected 250 feet of sewer main line; the large camera is in the shop for repairs.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), Sewer Master Plan (SMP), and Sanitary Sewer Management Plan (SSMP). • SCADA Integrator, Jeff Burrows, and Wastewater Staff continued converting lift station and treatment plant controls to the new SCADA system. • Staff continued to work on SCADA integration of WWTP and lift stations. • Staff attended trainings on Collection Systems Operation, Customer Service, & Workplace Violence.
• Staff assisted TID & Rolfe Construction with the power upgrade for River Ranch Lift Station.
• Staff installed new upgraded antenna and control panel for River Ranch lift station, bringing it online with the new SCADA system. Completing a CIP project from the 21/22FY budget.
• The Wastewater Treatment Plant was affected by illicit grease dumps. Large quantities of soft grease entered into the Wastewater Treatment Plant on 2 separate occasions causing severe upset to our process and many undesirable conditions. Everyday extra man hours have had to be expended to help mitigate the issue. The aftermath continues as it takes the process weeks to recover, and some weeks for all of the grease to solidify and float to where it can be removed.

Staff investigated extensively but have not been able to locate the source or even the location being used to dump.
• Staff checked & marked 245 USA tickets, which took 35 hours; preventing contractors from damaging City sewer lines.
• Turlock sewer use charge was $81,122.71 for the month of March and $78,675.52 for the month of April.
• Modesto sewer use charge for the month of February was $132,762.83 and $137,889.23 for the month of March.
• Effluent Biochemical Oxygen Demand (BOD) 13 mg/L.
• Treated and disposed of 71.33 MG of wastewater with an average of 2.38 MGD.

Ceres Wastewater Treatment Plant and Collections System operations and maintenance are performed by one (1) Supervisor, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator-in-Training. There are two (2) open Wastewater Operator positions.

Please note Wastewater has not been fully staffed since 2019. Nearly all veteran operators retired or moved to other cities locally. Multiple applicants have turned down job offers citing low wages as the reason for declining the offers. Some have accepted and then resigned due to low pay. We currently have 3 trainees and cannot accommodate anymore. Operators with their Certification do not apply for positions with Ceres. If qualified operators cannot be hired the vacant positions cannot be filled, leaving the department short-staffed for longer.

ITEM 5b
WATER SYSTEM MAINTENANCE:

Water, Department 35
• April 2024 well production was 44.529 million gallons. • Average water use for April was 6.69 million gallons per day. • Water staff responded to 29 customer service requests. • Water staff responded to 73 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
o Meters in water distribution system: 11,870
o Meters/radios serviced: 132
o Meters replaced: 13
o Meters upgraded from ¾”, 5/8” to 1”: 8
o New meter installations: 1
o Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402 of which 87 were exercised • Blow-offs and hydrants flushed: 27
• Water main leaks: 0
• Service line leaks: 2
• Service lines have been replaced: 1
• Hydrants replaced: 1
• Water quality samples taken: 45
Water Conservation, Department 36
• April 2024 calculated residential gallons used per person per day: 63.42 • Annual average is 73.21 gallons per person per day.
• Responded to 18 water conservation service requests.
• Water portal has 286 residents registered.
• Issued courtesy notifications: 73
• Performed 0 water audits.
• Delivered 3 water waste warnings, issued 1 water waste fine, and 29 excess consumption fines.
• Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 1, and Turf Replacements: 0
Total Rebates YTD: 46
The graph below shows our (well) production numbers for 2020 in blue compared to 2024 (well and surface water production) in purple with the water reduction target of 15% in red. For April 2024, we had an increase of 6.32% from the April 2020 production numbers.

ITEM 5b

Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, nine (9) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer.

Approved by: __________________
Douglas D. Dunford,
City Manager
ITEM 5b

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 10, 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 Payment to Don Pedro Pump Company for Emergency Repairs Performed at Well 41
RECOMMENDED COUNCIL ACTION:

Staff recommends Council authorize the City Manager to approve payment to Don Pedro Pump Company for emergency pump repair s performed at Water Well 41, located at 2701 Riverpark Drive in the amount of $30,331.61.

I. BACKGROUND:

The City of Ceres Water System currently operates 13 groundwater wells located throughout the city capable of producing 9,805 gallons per minute. The wells have an average depth of approximately 333 feet. It is imperative that all wells are operational, especially in summer months due to higher temperatures and increased water use by residents.

II. REASONS FOR RECOMMENDATION:

Well 41 is a high producing well in an area of Ceres that suffers from low water pressure and produces 950 gallons per minute. In April 2024, the submersible pump motor unexpectedly failed and required full replacement of the motor, pump end, sub wire, and column. In preparation for the hotter months, staff could not delay the repair as all active producing wells will be required to run at maximum loads.

Don Pedro Pump Company was able to remove and install all necessary equipment in a very short amount of time, leaving the well offline for only a few days. Don Pedro Pump Company has serviced the wells, pumps, and motors for the City for decades. They are a local company with strong buying power who consistently submits the lowest and most responsible bids on all well rehabilitation projects, making them the first option for emergency repairs to maintain the water system’s adequate water pressure.

ITEM 6
III. FISCAL IMPACTS:

City Council approved funds in the 202 3/24 Water Operations Budget account 52735.040800 for Well Head Treatment. Although this repair was unplanned, there is sufficient funding in the approved budget for the well repair in the amount of $30,331.61.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

The recommended action supports the infrastructure section of the strategic plan, “Ensuring the community has adequate, well-maintained infrastructure that fosters a quality community and strong economy.”
V. POLICY ALTERNATIVES:

The alternative to performing the work to th is critical piece of water infrastructure would have been to not perform these repairs in a timely manner and risk low pressures and the lack of fire protection within the area, as well as jeopardize compliance with the State Water Resources Control Board.

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 approve the payment to Don Pedro Pump Company.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Don Pedro Invoice #29654

ITEM 6

ATTACHMENT A
{CW130179.1}
RESOLUTION NO. 2024-XXX

APPROVING PAYMENT TO DON PEDRO PUMP COMPANY FOR
EMERGENCY REPAIRS PERFORMED AT WELL 41

THE CITY COUNCIL
City of Ceres

WHEREAS, The City of Ceres Water System currently operates 13 groundwater wells located throughout the City; and

WHEREAS, it is imperative that all wells are operational, especially in summer months due to higher temperatures and increased water use by residents; and

WHEREAS, Well 41 is a high producing well located in an area that suffers from low water pressure; and

WHEREAS, in April, the submersible pump motor failed and required full and immediate replacement of the motor, pump end, sub wire, and column; and

WHEREAS, in preparation for the hotter months, staff could not delay the repair as all active producing wells will be required to run at maximum loads; and

WHEREAS, Don Pedro Pump Company was able to remove and install all necessary equipment in a very short amount of time, leaving the well offline for only a few days; and

WHEREAS, approved funds are available in Water Operation budget account 53735.040800 for Well Head Treatment in the amount of $30,331.61.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres does h ereby approve payment to Don Pedro Pump Company for emergency repairs performed at Well 41.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 6
ITEM 6

ATTACHMENT B
ITEM 6
ITEM 6
{CW130180.1}

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
J
ames Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Bret Silveira, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: June 10, 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: R eso 2024-XXX, Approving Contract Amendment No. 2 with EMTS, Inc. for Landscaping Maintenance Services at Smyrna Park, River Bluff Regional Park, and City Right-of-Ways, and Authorizing the City Manager to Execute the Contract Amendment
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve Amendment No. 2 to a Maintenance Services Contract with EMTS, Inc. to perform landscape maintenance for Smyrna Park, River Bluff Park, and City rights-of-way for one year with a total of $288,237.00 for fiscal year 2024/2025.

I. BACKGROUND:

The city has approximately 1.3 million square feet of rights -of-way that must be maintained, including landscaping and janitorial maintenance of Smyrna Park, River Bluff Park, and City rights-of-way is currently being performed by EMTS Inc.

II. REASONS FOR RECOMMENDATION:

EMTS Inc. is currently performing landscape maintenance for the parks and rights-of-way for the City of Ceres. The one-year extended contract amendment no. 1 in the amount of $279,300.00 will expire on June 30, 202 4, and a final contract a mendment no.2 for an additional one-year term will expire on June 30, 2025.

EMTS requested a reasonable cost increase of 3.2 %, an amount of $ 8,937.00, to be added to an original contract amount of $279,300.00.

Staff recommends that City Council extend one year service of the landscape maintenance contract to EMTS, Inc. for an amount not to exceed $288, 237.00 for fiscal year 2024/2025.

ITEM 7
{CW130180.1}
III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2024/25 Contract Services in various account numbers: 10040.029900 & 29240.029900 in the amount of $277,737.00, and 67941.029900 in the amount of $10,500.00.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

The lan
dscape maintenance agreement is in conformance with the first priority of the Strategic Plan to ensure the community has adequate well -maintained city rights-of-way and park facilities.

V. POLICY ALTERNATIVES:

Council can choose not to renew the contract to EMTS, Inc. and not maintain the city parks & city rights-of-way.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
V
II. PUBLIC PARTICIPATION:

N/A
V
III. ENVIRONMENTAL REVIEW:

N/A
IX
. STEPS FOLLOWING APPROVAL:

Upon Council approval, the Interim City Manager will renew the contract with EMTS, Inc.

Appr
oved by: ___________________
Douglas D. Dunford,
City Manager
Atta
chments:

1. Attachment A – Resolution

2. Attachment B – Contract Amendment No. 2

3. Attachment C – Original Agreement with EMTS, Inc.

ITEM 7

ATTACHMENT A
{CW130179.1}
RESOLUTION NO. 2024-XXX

APPROVING CONTRACT AMENDMENT NO. 2 WITH EMTS, INC. FOR

LANDSCAPING MAINTENANCE SERVICES AT SMYRNA PARK, RIVER BLUFF

REGIONAL PARK, AND CITY RIGHT-OF-WAYS, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT AMENDMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, EMTS, Inc. is currently performing landscape maintenance for Smyrna Park, River Bluff Regional Park, and City rights-of-way; and

WHEREAS, the current contract agreement is for one year and will expire on June 30, 2024, with option to extend for one additional year; and

WHEREAS, the existing annual cost for the landscape maintenance services with EMTS, Inc. is $279,300.00 budgeted in FY 23/24; and

WHEREAS, a cost increase of 3.2% from the original contract will total an annual amount of $288,237.00 to be budgeted for FY 24/25; and

WHEREAS, the landscape maintenance services for Smyrna Park, River Bluff Regional Park, and City rights-of-way will be programmed in the FY 2024 /25 Contract Services in various account numbers: 10040.029900 & 29240.029900 in the amount of $277,737.00, and 67941.029900 in the amount of $10,500.00; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres does hereby approve contract amendment No. 2 with EMTS, Inc. for Landscaping Maintenance Services at Smyrna Park, River Bluff Regional Park, and City Right -of- Ways, and authorizes the City Manager to execute the contract amendment.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10
th day of June 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

SECOND AMENDMENT TO AN EXISTING CONTRACT
WITH EMTS, INC.

FOR LANDSCAPE AND JANITORIAL MAINTENANCE SERVICES FOR SMYRNA PARK,

RIVER BLUFF REGIONAL PARK, AND CITY RIGHT-OF-WAYS

RECITALS

1. Pursuant to Ceres City Council Resolution No. 2022-66 the City of Ceres (CITY) and EMTS, Inc. (CONTRACTOR) entered into a contract June 27, 2022, for the provision of landscape and janitorial maintenance for Smyrna Park, River Bluff Park, and City rights-of-way.

2. The term of the June 27, 2022, contract was agreed upon an anticipated completion date ending on June 30, 2023, with a provision to renew for two (2) additional terms of one (1) year each. The CONTRACTOR and CITY have agreed to extend the contract to June 30, 2025, with this Amendment #2 to Term of Agreement.

3. Compensation for services provided to not exceed the annual limit of $288,237.00 without additional authorization from the City Council.

NOW THEREFORE, the parties agree as follows:

1. Grand total of annual amount not to exceed $288,237.00 according to contract Exhibit B - Compensation.

2. All of the remaining terms and conditions of the contract shall remain unchanged.

3. This Amendment shall become effective only upon its approval by the City Manager of the City of _Ceres.

IN WITNESS WHEREOF, the parties have executed this FIRST AMENDMENT TO CONTRACT on the dates indicated below.
�/ j I Dated: ________ , 2024 Dated: _/ 5, , 2024
(
CITY OF CERES, A Municipal Corporation
By:----------
Douglas D. Dunford, City Manager
APPROVED AS TO FORM:

Nubia Goldstein, City Attorney
CONTRACTOR, EMTS, Inc.

ITEM 7
Contractor’s License #911565
EMTS, Inc.

DIR Registration #: 1000008208

BID PROPOSAL
To: City of Ceres Date: 03/27/2024
Contact: Administrative Secretary
Property Name: City of Ceres
Property Address: 2220 Hacket Road
Ceres, CA 95307
SCOPE OF WORK:
• Monthly Maintenance Services.
o Account 100.40.029900 & 292.40.02990 in the amount of $277,401 o Account 679.41.029900 in the amount of $10,836
Price includes labor materials and equipment.

Total Bid: $288,237/Yearly
$24,019.75/Monthly
NOTE: This proposal may be withdrawn by EMTS and conditions are subject to change, if not accepted within thirty (30) days.

ACCEPTANCE OF PROPOSAL:
*** The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.

Date: Signed:

EMTS, Inc.

Name / Title: Benjamin Canterbury, Division General Manager Date: Signed:

PROPERTY OWNER (OR AGENT FOR OWNER)
Name / Title:

EXHIBIT B
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ITEM 7

COUNCIL AGENDA REPORT

Resolution No. 202 4-XXX, Approving the Clos e O ut of Morrow Village Phase I and II Sidewalk Project A ccounts and Authorizing the Transfer of Remaining Funds to a New Project Account Named Morrow Village Sidewalk Improvements
RECOMMENDED COUNCIL ACTION:

St
aff recommends the City Council to authorize closing out the Morrow Village Phase I and II Sidewalk Project accounts and transferring their remaining funds to a new project account named Morrow Village Sidewalk Improvements.

I. BACKGROUND:

The M
orrow Village Phase I and II Sidewalk Projects were completed and accepted by City Council on May 23, 2022, and February 12, 2024, respectively. The Morrow Village projects consisted of design and construction of sidewalks, access ramps, and driveways.

Phase I was located along Garrison Street, from Moffett Road to Rose Avenue, and Phase II was located along Rose Avenue, from Garrison Street to Whitmore Avenue. The project accounts should be closed out and any remaining funds should be transferred to a new account named Morrow Village Sidewalk Improvements. This new project will fund the remaining design and construction of new sidewalks, access ramps, and driveways in the Morrow Village Subdivision.

II. REASONS FOR RECOMMENDATION:

All improvements have been made and accepted by City Council. All final contract amounts have been paid to the contractors for both projects. Remaining funds can be utilized for the next phase of Morrow Village Sidewalk Improvements.

ITEM 8
III. FISCAL IMPACTS:

The existing and remaining funds for the Morrow Village Phase I and II Sidewalk Projects are in accounts 29195.800500 and 27195.800500. They should all be transferred into a new account named Morrow Village Sidewalk Improvements.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

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

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

The Finance Department shall record the appropriate accounting entries.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Resolution No. 2022-118

3. Attachment C – Resolution No. 2024-12
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE CLOSE OUT OF MORROW VILLAGE PHASE I AND

II SIDEWALK PROJECT ACCOUNTS AND AUTHORIZING THE

TRANSFER OF REMAINING FUNDS TO A NEW PROJECT ACCOUNT

NAMED MORROW VILLAGE SIDEWALK IMPROVEMENTS

THE CITY COUNCIL
City of Ceres

WHEREAS, City Council has accepted the sidewalk improvements from the Morrow Village Phase I and II CDBG Projects at regular meetings held on the 23rd day of May 2022 and on the 12th day of February 2024, respectively; and

WHEREAS, all final contract amounts have been paid to the contractors; and

WHEREAS, there are remaining funds for the Morrow Village Phase I and II CDBG Project accounts in 29195.800500 and 27195.800500 that need to be closed out; and

WHEREAS, a transfer of those remaining funds should be allocated in a new project account named Morrow Village Sidewalk Improvements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the close out the Morrow Village Phase I and II Sidewalk Project accounts and authorizes the transfer of remaining funds to a new project account named Morrow Village Sidewalk Improvements.

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

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10
th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: C ouncilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

Resolution No. 2024-XXX, Approving the Construction Contract for the Fire Training Facility Phase 3 Tactical Tower to American Fire Training Systems Inc., A pproving a 10% Contingency, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff
recommends the awarding of the c ontract for the Fire Training Facility Phase 3 Tactical Tower Improvements in the amount of $1,013,5 82.05 to American Fire Training Systems. Inc., authorizing a 10% contingency of $101,358.20, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

This
project consists of installing a Regional Fire Training Facility at the former location of Ceres Fire Station No. 3 located at 420 Service Road. Various local fire departments and training programs will be able to utilize the Tactical Tower for training purposes. The Tactical Tower will be 4 levels of large shipping containers and include features such as grapple wall s, staircases, vent and enter windows, and utility standpipe connections.

Funding will be provided by six different sources which include Yosemite Community College District (YCCD), County Regional Fire Authority (RFA), City of Ceres, Modesto Fire, Turlock Fire, and Stanislaus Consolidated Fire Protection District (SCFPD).

II. REASONS FOR RECOMMENDATION:

Proposals for the construction were due on May 8 th, 2024. Of the two (2) proposals received, American Fire Training Systems. Inc. submitted the most comprehensive and responsive bid in the amount of $1,013,582.05. A ten percent contingency of $101,358.20 brings the project construction total to $1,114,940.25.

ITEM 9
III. FISCAL IMPACTS:

This project was included and programmed in the Fiscal Year 2023/24 Capital Improvement Plan (CIP) account number 49995.800500. Additionally, the City Council has either approved, or will approve, Memorandums of Understanding for fair share costs with participating agencies. Participating agency funds are in account number 26395.800500.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the fifth priority of the Strategic Plan to ensure the City has helpful, well trained, properly equipped, and sufficient staff who partners with other public agencies to provide efficient services.

V. POLICY ALTERNATIVES:

The City Council can choose to direct staff to reject the proposal and re- bid the project; or reject the proposals and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department and Fire Department.

VII. PUBLIC PARTICIPATION:

There were no committees or public participation involved in this project.

VIII. ENVIRONMENTAL REVIEW:

This project is a CEQA Categorical Exemption as per Section 15301 and 15311.

IX. STEPS FOLLOWING APPROVAL:

Execute the Contract for Construction, conduct a preconstruction conference and issue the Notice to Proceed.

Approved by: _____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

ITEM 9
RES
OLUTION NO. 2024-XXX
AP

PROVING THE CONSTRUCTION CONTRACT FOR THE FIRE
TRAINING FACILITY PHASE 3 TACTICAL TOWER TO AMERICAN
FIRE TRAINING SYSTEMS, INC., APPROVING A 10% CONTINGENCY,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT
T

HE CITY COUNCIL
City of Ceres
W
HEREAS, requests for Qualifications for the construction for the Fire Training Facility Phase 3 Tactical Tower Improvements were due on May 8th, 2024; and W
HEREAS, the lowest responsive and responsible bid for the Fire Training Facility Phase 3 Tactical Tower Improvements was received from American Fire Training Systems Inc. for an amount of $1,013,582.05; and
W
HEREAS, a contingency in the amount of 10% or $101,358.20 is appropriate to accommodate any unforeseen costs bringing the total authorization to $1,114,940.25; and
W
HEREAS, the Project will be funded by six different sources which include Yosemite Community College District (YCCD), County Regional Fire Authority (RFA), City of Ceres, Modesto Fire, Turlock Fire, and Stanislaus Consolidated Fire Protection District (SCFPD); and
W
HEREAS, the City of Ceres has programmed funding for this Project in fiscal year 2023-24 Capital Improvement Program in account number 499.95.800500; and W
HEREAS, All other contributing fund amounts are located in account number 26395.800500 where Yosemite Community College District will contribute $250,000.00, County Regional Fire Authority will contribute $325,000.00, and the remaining amount s are split between Turlock Fire, Modesto Fire, and the Stanislaus Consolidated Fire Protection District; and
NO
W, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres does hereby approve the construction contract for the Fire Training Facility Phase 3 Tactical Tower to American Fire Training Systems, Inc., approves a 10% contingency , and authorizes the City Manager to execute the contract.

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

ITEM 9

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10th day of June 2024, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9

ATTACHMENT B

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 CONSULTANT, a California corporation with its principal place of business at ADDRESS (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:

Fire Training Facility Phase 3 Tactical Tower (hereinafter referred to as “the Project”).

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

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

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. 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 $1,013,852.05. 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 w
hich includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional W ork.

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 1 ITEM 9
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 R ecords.

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 P erformance.

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 wit
h 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.

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

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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 S ubconsultant
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 C
onsultant
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 Gene ral 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

3 ITEM 9
(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 L iability
(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’ Co
mpensation/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 4 ITEM 9
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 L iability (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 P olicy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Sin gle 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 R equired
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

5 ITEM 9
insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy P rovisions 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 I
nsurers
(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.
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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-c
onsultant 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 I
ndemnity 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, 7 ITEM 9
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 C ode 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 E
mployment 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 A bandonment

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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 NAME 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 A greement.

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: DIRECTOR OF ENGINEERING
CONSULTANT:

INFORMATION

and shall be effective upon receipt thereof.

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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 O pportunity 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 A greement
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 A ssigns
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-W aiver
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 E ssence
Time is of critical importance for each and every provision of this Agreement.

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

10 ITEM 9

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.

11 ITEM 9

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 CONSULTANT

By: By :

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin
City Clerk

12 ITEM 9

EXHIBIT A
Scope of Services
[Fire Training Facility Phase 3 Tactical Tower]

ITEM 9

EXHIBIT B

DISCLOSURE OF CONFLICT OF INTEREST
[Fire Training Facility Phase 3 Tactical Tower]

YES* NO
1 Are you currently in litigation with the City of Ceres or any of its agents? ☐ ☐
2 Do you represent any firm, organization, or person who is in litigation with the City of Ceres? ☐ ☐
3 Do you currently represent or perform work for any clients who do business with the City of Ceres? ☐ ☐
4 Are you or any of your principals, managers, or professionals, owners or investors in a business which does business with the City of Ceres, or in a business which is in litigation with the City of Ceres?

☐

☐
5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Ceres employee who has any significant role in the subject matter of this service? ☐ ☐
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
☐ ☐
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature

Date
`
Name

Company
Address
City, State, Zip

□ Additional page(s) attached.

Exhibit B
ITEM 9
EXHIBIT “C” – Special Conditions, Bonds

ARTICLE 1 B ONDS

Within ten (10) calendar days from the date of Construction Plan Approvals, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Construction Price.

ITEM 9
EXHIBIT “D” – Certification Labor Code Section 1861

I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self - insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Construction on this Contract.

[INSERT CONTRACTOR NAME]

By:

Signature

Name (Print)

Title (Print)
ITEM 9
EXHIBIT “E” – Public Works Contractor Registration Certification

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1

Name of Contractor:

DIR Registration Number:

DIR Registration E xpiration:

Small Project Exemption: Yes or No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
• Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor

Signature

Name and T itle
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” ITEM 9
EXHIBIT “F” – Payment and Performance Bonds
ITEM 9

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to , ( hereinafter referred to as the “Contractor”) an agreement for (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to fur
nish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized and duly authorized
to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, admi
nistrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one- year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the ITEM 9
contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day o f ,
20 ).
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-F act Certificate) Title
The rate of premium on this bond is per thousand. The total amount of premium charges, $ .
(The above must be filled in by corporate attorney.)
ITEM 9

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and A ddress of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)

(Telephone number of Surety and
Agent or Representative for service
of process in California)

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

ITEM 9
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , 20 , before me, , Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
ITEM 9
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
ITEM 9

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Ceres (hereinafter designated as the “City”), by action taken or a resolution passed , 20 has awarded to hereinafter designated as the “Principal,” a contract for the work described as follows:
(the “P roject”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if sai
d Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Su rety, are held and firmly bound unto the City in the penal sum of Dollars
($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, exec
utors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that ITEM 9
claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 .
(Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above

ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

Resolution No. 202 4-XXX, A pproving the Construction Contract for the Hatch Road 18- Inch Water Transmission Line Project to ARB, Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to award the construction contract for the Hatch Road Transmission Line Project from Moffett Road to Mitchell Road to ARB Inc., Authorizing a 10% Contingency, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Contract.

I. BACKGRO UND:

The pr
oject consists of furnishing and installing approximately 3,620 linear feet of 18-inch PVC water transmission line, all related piping stub-outs, and restoration on Hatch Road between Moffett Road and Mitchell Road.

II. REASONS FOR RECOMMENDATION:

The City received nine bids on May 15 th, 2024. After staff reviewed the bids, ARB Inc. was the lowest responsible bidder at $2,217,000.00. A 10% contingency of $221,700.00 brings the ARB Inc. contract cost to $2,438, 700.00. The bid tabulation with the detailed comparison of the bid results is presented in Attachment C.

III. FISCAL IMPACTS:

The f
ollowing accounts/amounts will be closed and open:

Clo
se
Remaining funds from 52795.800500(2018)
ITEM 10
Remaining funds from 52795.800500(2306)
Remaining funds from 52795.800500(2409)
Remaining funds from 54095.201800(2018)
Remaining funds from 54095.800500 (WTR2306)

Open Project String: Hatch Road 18” Water Line from Moffett Road to Mitchell Road Construction
The existing and remaining funds for the design phase of the Hatch Road transmission Main project are in accounts 527 95.800500 and 54095.800500. The remaining design funds shall be transferred into a new account to construct the “Hatch Road 18” Water Line from Moffett Road to Mitchell Road Construction.” The remaining funds of this construction phase will be transferred into the future construction phase, and appropriate funding will be allocated.

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

This project is in conformance with the first goal 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. P OLICY ALTERNATIVES :

City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

VI. I
NTERDEPARTMENTAL COORDINATION:

The Engineering Services Department has coordinated with the Public Works Department (Water Division)
VII. P UBLIC PARTICIPATION:

There are no committee or public participation events needed or anticipated for this project.

VIII. EN VIRONMENTAL REVIEW :

This project was environmentally cleared and approved through the Environmental Impact Report for the project.

IX.

STEPS FOLLOWING APPROVAL:

Following approval of this item, the contract will be signed and executed with ARB Inc.

The contractor will then be issued a notice to proceed, and a pre- construction meeting will be held.

ITEM 10

Approved by: _______________________________
Douglas D. Dunford, City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Bid Results

4. Attachment D – Construction Contract

ITEM 10
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE CONSTRUCTION CONTRACT FOR THE HATCH ROAD 18- INCH WATER TRANSMISSION LINE PROJECT TO ARB, INC., AUTHORIZING A 10% CONTINGENCY, AUTHORIZING A BUDGET AMENDMENT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Hatch Road Project will be funded by existing account number 52795.800500; and

WHEREAS, proposals for the construction contract for the Hatch Road Transmission Line Project (Moffett Road to Mitchell Road) were due May 15th, 2024; and

WHEREAS, the lowest responsive and responsible bid was received from ARB Inc. in the amount of $2,217,000.00; and

WHEREAS, a construction contingency in the amount of 10% or $221,700.00 is necessary and appropriate to accommodate any unforeseen costs, bringing the total construction authorization to $2,438,000.00; and

WHEREAS, a budget amendment is needed to appropriate the correct funds to construct said project; and

WHEREAS, the remaining project balance will be allocated for construction support, which includes construction support services, geotechnical services, material and associated testing and future phases of the project.; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby a pprove the construction contract for the Hatch Road 18-Inch Water Transmission Line Project to ARB, Inc., authorizes a 10% contingency, authorizes a budget amendment, and authorizes the City Manager to execute the contract.

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

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 10
th day of June 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

Budget Amendment No.

Fiscal Year 2023 - 2024

Reference Resolution No. 2024-XXX, dated June 10, 2024
authorizing appropriations for the Hatch Road Transmission Line from Moffett Road to Mitchell Road (P23-010) as follows:

Appropriations:

Fund Name Fund
No.

Dept.

No.

Object
No.

Appropriation
Amount
Water Enterprise 527 95 800500 -$1,260,000.00
Water Enterprise 527 95 800500 -$1,500,000.00

Water Enterprise 527 95 800500
(NEW

STRING)
$2,760,000.00

Requested Appropriation $2,760,000.00
Current Appropriation ($2,760,000.00)
Total Appropriation 0

Estimated Revenues:

Fund Name Fund
No.

Type
No.

Object
No.

Estimated
Revenue Amt.

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

Fiscal Impact:

ITEM 10
ITEM 10
ITEM 10
ITEM 10
1 CITY OF CERES

CONSTRUCTION CONTRACT
HATCH ROAD 18” WATER TRANSMISSION LINE PROJECT

MOFFETT ROAD TO MITCHELL ROAD
PROJECT NO. P23-010

1. PARTIES AND DATE.

This Contract is made and entered into this 11th day of June, 2024 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and ARB, Inc., a corporation with its principal place of business at 1875 Loveridge R oad, Pittsburg, California 94565 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing and building infrastructure and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is fa miliar with the plans of City. The following license classifications are required for this Project: Class A General Contractor License

2.3 Project. City desires to engage the Contractor to render such services for the Hatch Road 18” Water Transmission Line Project , Moffett Road to Mitchell Road , (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation , as required by the Contract.

3. TERMS

3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)

ATTACHMENT D
ITEM 10

2 • Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) bus iness days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contract or to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal” . Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or articl e desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Con tract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

ITEM 10

3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, p rocess or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Condi tions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 30 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contrac tor. Contractor agrees that if such Work is not completed within the Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledge d and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of five thousand and two hundred Dollars ($5,200.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees . Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perf orm the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including an City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any ITEM 10

4 additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below - referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Two million Two Hundred Seventeen Thousand Dollars ($2, 217,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay C ontractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the qua ntities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which ITEM 10

5 Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Con tract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to dedu ct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as t hey come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title sh all pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, no r relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage ra tes and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to ITEM 10

6 interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any clai m or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The pri mary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more tha n eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records . Contractor and each subcontractor shall keep an accurate payroll record, 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 him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Co ntractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public W orks contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works pr oject that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract ITEM 10

7 execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specifi ed in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’ s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated b y the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Con struction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the di sturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SW PPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It sh all be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other ITEM 10

8 watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impactin g water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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9 3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, C ontractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses . Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving grou nd during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, n otify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: ( 1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall ITEM 10

10 not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is n ot acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non -binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 e t seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all proc edures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermo re, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract ITEM 10

11 for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be r equested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 ITEM 10

12 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation . If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

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13 3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non -binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved afte r all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, wh ichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may ter minate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

ITEM 10

14 3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contra ctor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by C ivil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful miscond uct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officilas, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connect ion therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companie s, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the ITEM 10

15 performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less t han Five Million Dollars ($5,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or u mbrella policy).

The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance; (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loadin g and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to emp loy prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the cour se of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self -insured, the Contractor shall furnish a Certificate of Permission to Self -Insure and a Certificate of Self - Insurance reasonably satisfactory to the Owner.
(v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course -of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.

ITEM 10

16 This insurance shall insure against all risks, including but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.
(c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non -Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of oper ations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced b y the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non -contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbr ella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations p ages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld.

ITEM 10

17 (f) Notice of Cancellation or Non -Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insuran ce to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from t he Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at lea st the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s ITEM 10
18 Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.13.3.1 General Liability . (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage.

Any i nsurance or self -insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been gi ven to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

ITEM 10

19 3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and relat ed investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The Ci ty reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requiremen ts stated herein except as otherwise agreed to by the City in writing.

3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

ITEM 10
20 3.14.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminat e the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contracto r for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defect ive or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

ITEM 10
21 3.16.1 Contractor’s Labor Certification . By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor 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.

3.16.3 Verification of Employment Eligibility . By executing this Contract, Contractor 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 Ac t of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his bes t skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site . Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contra ctor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any ITEM 10
22 other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine a ppropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Busin ess and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Arb Inc.
1875 Loveridge Rd.

Pittsburg, California 94565
209-327-4565
Attn: Mark Borges
CITY:

City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attn: City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.

ITEM 10
23 3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries . There are no intended third party Counterparts. This Contract may be executed in counterparts, each beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. 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.

3.17.11 of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, 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 warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, 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 Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

ITEM 10

24 3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of th e date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

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

3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects.

[SIGNATURES ON NEXT PAGE]

ITEM 10

25 Signature Page for CONSTRUCTION CONTRACT
Between the City of Ceres
and ARB, Inc.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 11th day of June, 2024.

CITY OF CERES ARB, Inc.

By: By:

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin, City Clerk

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: June 10, 2024
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., City Engineer
Michael.Beltran @ci.ceres.ca.us, (209) 538-5775
SUBJECT:

Resolution No. 202 4-XXX, Approving the Task Order Agreement for Consulting Services with BSK Associates for Geotechnical Services of the Hatch Road 18-I nch Water Transmission Line Project and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council Authorize the Task Order Agreement for Consulting Services between the City of Ceres and BSK Associates, for their professional Geotechnical Services on the Hatch Road 18-inch Water Transmission Line Project from Moffett to Mitchell and Authorizing the City Manager to Execute the Contract.

I. BACKGROUND:

The E
ngineering Department utilizes consultuing engineers when specialized engineering services area needed for capital improvement projects and development projects in the City. To streamline consultant selection, staff requested a proposal from BSK Associates.

II. RE
ASONS FOR RECOMMENDATION:

Const
ruction material engineering and testing are required to ensure successful outcomes on civil improvement projects. This optimizes and enhances the overall performance and longevity of infrastructure. BSK Associates submitted a proposal for material testing and compaction for an amount of $49,704.00 as shown in Attachment B.

III. FISCAL IMPACTS:

Funds for the said service will be appropriated in the “Hatch Road 18-inch Water Line from Moffett Road to Mitchell Road Construction.” in account number 52795.800500 (New String Number) provided by finance.

ITEM 11

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

V. POLICY ALTERNATIVES:

City Council can choose to direct staff to reject the proposal and publicly post the project with a similar or modified scope later or reject the proposal and eliminate the project.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering Services Department has coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

There are no committee or public participation events needed or anticipate for this project.

VIII. ENVIRONMENTAL REVIEW:

This project was environmentally cleared and approved through the Environmental Impact Report for the project.

IX. STEPS FOLLOWING APPROVAL:

Execute the task order to BSK Associates for Geotechnical Services of the Hatch Road 18-inch Transmission Line Project from Moffett to Mitchell.

Approved by: _______________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – BSK Associates Task Order Agreement
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2024-XXX

APPROVING THE TASK ORDER AGREEMENT FOR CONSULTING

SERVICES WITH BSK ASSOCIATES FOR GEOTECHNICAL SERVICES
OF THE HATCH ROAD 18-INCH WATER TRANSMISSION LINE

PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, Professional Geotechnical Services and Testing is required for proper restoration of the trench and roadway; and

WHEREAS, BSK Associates is currently on the On-Call Consultant List; and

WHEREAS, a review of the proposal from BSK Associated staff concluded that the proposal was suitable for the services needed in amount of $49,704.00; and

WHEREAS, Professional Geotechnical Services and Testing for Hatch Road 18-Inch Transmission Line Project will be funded by account number 52795.800500;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the task order agreement for consulting services with BSK Associates for geotechnical services of the Hatch Road 18- Inch Water Transmission Line Project 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 10th day of June 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
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
BSK ASSOCIATES.

Page 1 ends

BSK Associates – Professional Consultant (2023-24)

PROJECT AGREEMENT No. #3

TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES FOR NON-FEDERAL PROJECTS: Geotechnical & Inspection Services

Providing: General professional geotechnical and inspection services as expressed in Exhibit A

Geotechnical Consultant Services
City of Ceres Engineering Services
Hatch Road 18” Water Transmission Line Project from Moffett Road to Mitchell Road This Project Agreement is made this 11th day of June 2024, by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and BSK ASSOCIATES., a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.

RECITALS

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

B. City s eeks to hire an independent contractor to perform geotechnical consultant services to assist the City with soil inspection services, (the “Service”).

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

Attachment B
ITEM 11
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
BSK ASSOCIATES.

Page 2 ends

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

NO
W, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:

AGREEMENT

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

S
ection 2. Term. The term of this Agreement shall stay in effect for 12 months from the effective date.

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

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

Section

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

Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed Forty-Nine Thousand Seven Hundred Four Dollars ($49,704.00) (“Maximum Payment ”) unless the Parties mutually agree to a Modification in writing otherwise.

Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice ITEM 11
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
BSK ASSOCIATES.

Page 3 ends

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

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

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

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

Section

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

Exhibit Designation Exhibit Title
Exhibit A: Hatch Road 18” Water Transmission Line Project Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. I f given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communicat ion shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on ITEM 11
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
BSK ASSOCIATES.

Page 4 ends

a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:

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

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

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

Tel: (916) 468-0950
[email protected]
If to Consultant: BSK Associates
252 W Larch Road Suite H
Tracy, California, 95304
Attention: Carrie L. Foulk, PE, GE
Tel: (925) 315-3151
[email protected]

Section 13. Modification/Termination.

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

Section 14. General Provisions

14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver ITEM 11
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
BSK ASSOCIATES.

Page 5 ends

of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

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

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

14.4 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

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

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

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

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

ITEM 11
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
BSK ASSOCIATES.

Page 6 ends

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

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

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

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

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

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

[SIGNATURES ON FOLLOWING PAGE.]
ITEM 11
PROJECT AGREEMENT NO. 3

BETWEEN CITY OF CERES AND
BSK ASSOCIATES.

Page 7 ends

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

Dated: , 2024

Dated: , 2024
CITY OF CERES, a municipal corporation

By
Signature

Douglas D Dunford, City Manager
Name and Title

CONSULTANT

By
Signature

Carrie L Foulk, Group Manager
Name and Title

APPROVED AS TO FORM

Nubia I. Goldstein, City Attorney

ITEM 11

Michael Kibbey

252 W. Larch Road, Suite H
Tracy, CA 95304
925.315.3151
www. bskassociates. com

May 20, 2024
Revised May 21, 2024 BSK Proposal C24000945

Mr. Wing Chang
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
SUBJECT: Earthwork and Materials Testing Services
City of Ceres Hatch Road 18" Water Transmission Line Project Moffett Road to Mitchell Road
Ceres, CA
Dear Mr. Chang:

BSK Associates is pleased to submit this proposal for Earthwork and Materials Testing Services required for the City of Ceres Hatch Road 18" Water Transmission Line Project in Ceres, CA. We have developed this proposal package specifically with your needs in mind and based on our experience with Special Inspection requirements of the California Building Code, our review of the provided project plans and specifications (Dated 04/01/24), correspondence with you regarding the project, and our prior experience with projects of this size and nature.

For your approval, we have included our scope of services and fee estimate, our basis for invoicing, and an authorization and acceptance form for our agreement. Rates not specifically quoted will be charged per our published Schedule of Fees. The hourly rates/charges quoted are for the project duration. It is our understanding that there is no Project Labor Agreement in-place on this project, and that the project is subject to State of California prevailing wage requirements as determined by the Department of Industrial Relations.

In order for BSK to assist you in reducing exclusions from our Final Report, a copy of the project Testing and Inspection Sheet (prepared by the Structural Engineer, Architect and/or Building Official) should be submitted to our office prior to our first site visit. Further, our technicians are required to note they are referring to Approved Plans during their site inspections; a copy should be made available at the project site or fabrication location.

We appreciate the opportunity to submit this proposal. If you should have further questions or comments, please give us a call. We appreciate the opportunity to work with you. We will schedule the work upon your return of our Standard Agreement.

Respectfully submitted,

Carrie L. Foulk, PE, GE
Project Manager Geotechnical Group Manager

CSD Group Manager
Enclosure
Scope of Services and Fee Estimate
Basis for Invoicing
Standard Agreement

Envi
ronmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company BSK Associates
Veronica Rager
ITEM 11

Earthwork and Materials Testing Services BSK Proposal C24000945 City of Ceres Hatch Road 18" Water Transmission Line Project May 20, 2024 Revised May 21, 2024
Ceres, CA Page 2

SCOPE OF SERVICES AND FEE ESTIMATE
City of Ceres Hatch Road 18" Water Transmission Line Project Moffett Road to Mitchell Road, Ceres, CA

FIELD SERVICES DAYS HRS/DAY HOURS RATE EXTENSION
Earthwork Construction
Compaction Testing Technician - Trench Backfill 40 4 160 $133.00 $21,280.00 HMA Batch Plant Sampling (Aggregate and Oil) 1 4 4 $133.00 $532.00 Compaction Testing Technician - HMA 10 8 80 $133.00 $10,640.00 Nuclear Gauge Equipment Fee 50 $67.00 $3,350.00
Trip Charge (Mileage, Bridge Toll, Parking Fees) 51 $70.00 $3,570.00 FIELD SERVICES ESTIMATE $39,372.00

LABORATORY TESTING FREQUENCY SETS/UNITS RATE EXTENSION
Laboratory Testing
Compaction Curves - Base Rock (6" Mold) 1 per material 2 $300.00 $600.00 Compaction Curves - Site Soils (4" Mold) 1 per material 3 $282.00 $846.00 AC Max Density Rice Method (ASTM D2041) 1 per sample 5 $300.00 $1,500.00 Ignition Oven Correction Factor (AASHTO T308) 1 per mix 1 $625.00 $625.00 Sieve Analysis, Coarse and Fine 1 per mix 1 $200.00 $200.00 AC Content - Ignition (ASTM D6307 / CT 382) periodically 5 $269.00 $1,345.00 LABORATORY TESTING ESTIMATE $5,116.00

BSK SERVICES ADMINISTRATION HOURS RATE EXTENSION
Principal (Contract / Performance Oversight) 3 $257.00 $771.00 Registered Engineer (Review, support and reporting) 5 $228.00 $1,140.00 Project Manager (Field Oversight, Daily Report Review) 5 $214.00 $1,070.00 Administration (Data Processing, Report Prep., Field Coordination) 4 $90.00 $360.00 Certified Payroll / DIR Upload Monthly 5 $300.00 $1,500.00 Reports
Final Affidavit 1 Per Permit 1 $375.00 $375.00
ADMINISTRATION ESTIMATE $5,216.00
TOTAL BUDGET ESTIMATE $49,704.00

ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

Ordinance No. 202 4-XXXX, Adding Chapter 9, Construction and Demolition Waste of Title 6, Health and Sanitation , of the Ceres Municipal Code to Establish Administrative Procedures for Documenting Compliance with Senate Bill 1374 and the California Green Building Code Standards (CalGreen) for the Diversion of 65 Percent of Construction and Demolition Debris from Landfills RECOMMENDED COUNCIL ACTION:

St
aff recommends Council adopt Ordinance No. 2024-XXXX, reading by title only and waiving further reading, to add Chapter 9, Construction and Demolition Waste to Title 6, Health and Sanitation, of the Ceres Municipal Code to establish administrative procedures for documenting compliance with Senate Bill 1374 and the California Green Building Code Standards requirement for diverting 65 percent (65%) of construction and demolition (C&D) waste from the landfill.

I. BACKGRO
UND:

The C
alifornia Integrated Waste Management Act of 1989 (AB 939) requires that each city and county in the state reduce material sent to the landfill by fifty percent (50%). In 2002, the State of California enacted Senate Bill 1374 encouraging cities to adopt regulations to mandate the diversion of C&D waste, at a rate of 50 to 75% , to maintain compliance with Assembly Bill 939. The legislation also called for the submittal of appropriate finding or documentation that summarizes the city’s progress in diverting C&D waste.

In 2016
, the State adopted the California Green Building Standards Code (CalGreen) which requires new residential and non-residential building construction, demolition, and certain additions/alteration projects to divert and/or salvage for reuse at least 65% of the nonhazardous waste generated from the project. Further, 100% of asphalt, concrete, and land clearing debris must be recycled and all demolition projects having a total footage of more than one thousand square feet are also subject to these requi rements. For non- ITEM 12
residential additions and/or alterations to a building or tenant space, verification must be provided that all Universal Waste items are disposed of properly and diverted away from landfills.

The
proposed ordinance establishes administrative procedures for documenting compliance with the California Green Building Code standards, specifically the diversion of 65% of C&D debris as part of the City’s building permit application. Permit applicants will be required to complete and submit a C&D Waste Management Plan and Waste Management Plan Report prior to, and following, project completion on the WMP and WMPR forms approved by the City and included in the permit application packet (see Attachment 3). Additionally, all weight slips, disposal receipts, and any other supporting documentation will be required as well for verification before a final occupancy permit is issued.

II. REASONS FOR RECOMMENDATION:

Senate Bill 1374 requires cities to have an enforceable ordinance mandating the diversion of C&D waste generated from projects within the jurisdiction. Further, reporting and record keeping requirements for C&D diversion activities necessitate methodology for the city to collect and verify compliance with these mandates. Currently, the City is vulnerable to a negative determination of compliance and susceptible to associated penalties of up to $10,000 per day.

III. FISCAL IMPACTS:

There is no fiscal impact to the City with adoption of the ordinance; however, there will be minimal additional staff time necessary to review recycling plans and determine compliance. There is no fiscal impact to the building permit applicant unless he/she does not comply with the ordinance and a civil penalty is assessed and collected by the City.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council may elect not to adopt the proposed ordinance revision. This alternative is not recommended by staff as it will render the City incompliant with current State mandates and leave the City vulnerable to any penalties for violations.

VI. I
NTERDEPARTMENTAL COORDINATION:

Public Works Solid Waste Division worked with Community Development ’s Building and Engineering Division staff to develop procedure for the processing and recording of documentation submitted by permit applicants related to C&D waste diversion activities.

VII. PUBLIC PARTICIPATION:

The public is encouraged to provide input at the City Council meeting.

ITEM 12
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Council will consider approval of second reading and adoption of the Ordinance at a later meeting of the City Council.

Appr
oved by: _______________________
Douglas D. Dunford,
City Manager
Atta
chments:

1. Attachment A – Ordinance

2. Attachment B – Public Hearing Notice

3. Attachment C – Permit Application Waste Management Plan and Report Forms ITEM 12
ITEM 12

ATTACHMENT A

ORDINANCE NO. 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES
ADDING CHAPTER 9, CONSTRUCTION AND DEMOLITION WASTE
OF TITLE 6, HEALTH AND SANITATION, OF THE CERES MUNICIPAL

CODE TO ESTABLISH ADMINISTRATIVE PROCEDURES FOR
DOCUMENTING COMPLIANCE WITH SENATE BILL 1374 AND THE

CALIFORNIA GREEN BUILDING CODE STANDARDS (CALGREEN)
FOR THE DIVERSION OF 65 PERCENT OF CONSTRUCTION AND

DEMOLITION DEBRIS FROM LANDFILLS

WHEREAS, Senate Bill 1374 requires cities to adopt regulations to mandate the diversion of C&D waste, at a rate of 50 to 75%, to maintain compliance with Assembly Bill 939 and requires the submittal of appropriate finding or documentation that summarizes the city’s progress in diverting C&D waste; and

WHEREAS, the California Green Building Standards Code (CalGreen) which requires new residential and non-residential building construction, demolition, and certain additions/alteration projects to divert and/or salvage for reuse at least 65% of the nonhazardous waste generated from the project; and

WHEREAS, SB 1374 and CalGreen reporting and record keeping requirements for C&D diversion activities necessitate the establishment of a formal documentation procedure for the city to collect and verify compliance with these mandates.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES DOES ORDAIN AS FOLLOWS:

Title 6 - HEALTH AND SANITATION, Chapter 9: Construction and Demolition Waste, of the City Code shall be added to read as follows:

CONSTRUCTION AND DEMOLITION WASTE
Sections:

6.09.010 Definitions.

6.09.020 Threshold for covered projects.

6.09.030 Submission of waste management plan.

6.09.040 Review of waste management plan.

6.09.050 Compliance with waste management plan.

6.09.060 Infeasibility exemption.

6.09.070 Appeals.

6.09.080 Civil penalties.

ITEM 12

ATTACHMENT A

6.09.010 Definitions.

A. “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits to undertake any construction, demolition, or renovation project within the city, unless otherwise specifically exempted by law.

B. “Compliance Official” means the Public Works Director, Community Development Director, the Engineering Director or either of their designated City staff person.

C. “Construction” means the building of any structure or any portion thereof including any tenant improvements to an existing facility or structure.

D. “Construction and Demolition Debris” means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair, or demolition operations on any pavement, house, commercial building, or other structure.

E. “Conversion Rate” means the rate set forth in the standardized conversion rate table approved by the city, pursuant to this chapter, for use in estimating the volume or weight of materials identified in a waste management plan (WMP).

F. “Covered Project” shall have the meaning set forth in Section 6.09.020(A).

G. “ Deconstruction” means the systematic removal of usage items from a structure.

H. “Demolition” means the decimating, razing, ruining, tearing down or wrecking of any facility, structure, pavement, or building, whether in whole or in part and either or both interior or exterior.

I. “Divert” means to use material for any purpose other than disposal in a landfill.

J. “Diversion Requirement” means the diversion of at least 65 percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to this Chapter, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Compliance Official for the covered project.

K. “Noncovered project” shall have the meaning set forth in Section 6.09.020(C).

L. “Project” means any activity which requires an application for a building or demolition permit or any similar permit from the city.

M. “Renovation” means any change, addition, or modification in an existing structure.

N. “Reuse” means further or repeated use of construction or demolition debris.

O. “Salvage” means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse.

P. “Waste management plan (WMP)” means a completed waste management plan (WMP) form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered or noncovered project.

ITEM 12

ATTACHMENT A

6.09.020 Threshold for covered projects.

A. Covered Projects. All construction and renovation projects within the city, which meet the California Green Building Standard requirements, shall comply with this chapter.

The cost of the project shall be the valuation ascribed to the project by the building official. In a ddition, all demolition projects having a total footage of more than one thousand square feet shall be a covered project. Failure to comply with any of the terms of this chapter shall subject the project applicant to the full range of enforcement mechanisms set forth in Sections 6.09.050(C)(3) and 6.09.080.

B. City-Sponsored Projects . All city -sponsored construction and renovation projects within the city, the costs of which are, or are projected to be, greater than or equal to one hundred thousand dollars (“covered projects”), shall comply with this chapter. The cost of the project shall be the valuation attributed to the permit issued by the Building Division. In addition, all demolition projects having a total square footage of more than one thousand square feet shall be a covered project. These city -sponsored covered projects shall submit a waste management plan to the Compliance Official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter with the exception of Section 6.09.050(C)(3).

C. Noncovered Projects. Applicants for construction, demolition, and renovation projects within the city whose permit valuations meet the California Green Building Standard requirements (“noncovered projects”) shall be encouraged to divert at least the minimum required percentage set out by the California Green Building Code.

D. Compliance as a Condition of Approval. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building or demolition permit issued for a covered project.

6.09.030 Submission of waste management plan.

A. Waste Management Plan Forms. Applicants for building or demolition permits involving any covered project shall complete and submit a waste management plan on the WMP forms approved by the city for this purpose as part of the application packet for the building or demolition permit. The completed WMP shall indicate the following:

1. The estimated project construction and demolition debris, by materials type, to be generated; and

2. The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling; and

3. The vendor or facility that the applicant proposes to use to collect or receive that material; and

4. The estimated volume or weight of construction and demolition debris that will be landfilled.

B. Calculating Volume and Weight of Debris. In estimating the volume or weight of ITEM 12

ATTACHMENT A

materials identified in the WMP, the applicant shall use the standardized conversion rates approved by the city for this purpose.

C. Deconstruction. In preparing the WMP, applicants for building or demolition permits involving the removal of all or part of an existing structure shall deconstruct, to the maximum extent feasible, and shall make the materials generated thereby available for salvage.

6.09.040 Review of waste management plan.

A. Approval. Notwithstanding any other provision of this code, no building or demolition permit shall be issued for any covered project unless and until the Compliance Official has approved the WMP. Approval shall not be required, however, where an emergency demolition is required to protect the public health, welfare or safety as determined by the Compliance Official. The Compliance Official shall only approve a WMP if he or she first determines that both of the following conditions have been met:

1. The WMP provides all of the information set forth in Section 6.09.030(A); and

2. The WMP indicates that at least sixty-five percent by weight of all construction and demolition debris generated by the project will be diverted.

If the Compliance Official determines that these conditions have been met, he or she shall mark the WMP “Approved,” return a copy of the WMP to the applicant and notify the Building Division that the WMP has been approved.

B. Non-approval. If the Compliance Official determines that the WMP is incomplete or fails to indicate that at least sixty -five percent by weight of all construction and demolition debris generated by the project will be reused or recycled, he or she shall either:

1. Return the WMP to the applicant marked “Denied,” including a statement of reasons, and so notify the Planning Division; or

2. Return the WMP to the applicant marked “Further Explanation Required.”

6.09.050 Compliance with waste management plan.

A. Documentation. Prior to receiving a certificate of occupancy for the project, the applicant shall submit to the Compliance Official documentation that the diversion requirement for the project has been met. The diversion requirement shall be that the applicant has diverted the percentage of the total construction and demolition debris generated by the project via reuse or recycling that has been specified and required by the state of California, unless the applicant has been granted an infeasibility exemption pursuant to Section 6.09.060, in which case the diversion requirement shall be the maximum feasible diversion rate established by the Compliance Official for the project. This documentation shall include the following:

1. A copy of the previously approved WMP for the project; and ITEM 12

ATTACHMENT A

2. A completed, City approved, Waste Management Plan Report (WMPR) that includes the tonnage calculation sheet (WMPR2), and Universal Waste Diversion Log (WMPR3) for applicable projects, and identifies the total waste generated for both construction and demolition, the corresponding weight for each material type, total recycled and non-recycled waste, and percentage of recycled waste; and

3. Receipts from the vendor or facility which collected or received each material showing the actual weight or volume of that material; and

4. Any additional information the applicant believes is relevant to determining its efforts to comply in good faith with this chapter.

B. Weighing of Wastes. Applicants shall make reasonable efforts to ensure that all construction and demolition debris diverted or landfilled is measured and recorded using the most accurate method of measurement available. To the extent practical, all construction and demolition debris shall be weighed by measurement on scales. Such scales shall comply with all regulatory requirements for accuracy and maintenance.

For construction and demolition debris for which weighing is not practical due to small size or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose as outlined on the WMPR2 tonnage calculation form.

C. Determination of Compliance. The Compliance Official shall review the information submitted under subsection A of this section and determine whether the applicant has complied with the diversion requirement, as follows:

1. Full Compliance. If the Compliance Official determines that the applicant has fully complied with the diversion requirements applicable to the project, he or she shall approve the WMP and inform the Planning Division that a certificate of occupancy can be issued.

2. Substantial Compliance. If the Compliance Official determines that the diversion requirement has not been achieved, he or she shall determine on a case-by-case basis whether the applicant has made a good faith effort and is in substantial compliance with this chapter. In making this determination, the Compliance Official shall consider the availability of markets for the construction and demolition debris landfilled, the size of the project, and the documented efforts of the applicant to divert construction and demolition debris. If the Compliance Official determines that the applicant has made a good faith effort to comply with this chapter and is in substantial compliance, he or she shall approve the WMP and inform the Planning Division that a certificate of occupancy can be issued.

3. Noncompliance. If the Compliance Official determines that the applicant is not in substantial compliance with this chapter, or if the applicant fails to submit the documentation required by subsection A of this section, then the applicant shall pay a civil penalty as prescribed in Section 6.09.080.

ITEM 12

ATTACHMENT A

D. Falsification of Records. If the applicant deliberately provides false or misleading data to the city in violation of this chapter, the applicant may be subject to penalties in addition to those specified in Section 6.09.080. In any civil enforcement action, administrative or judi cial, the city shall be entitled to recover its attorneys’ fees and costs from an applicant who is determined by a court of competent jurisdiction to have violated this chapter.

E. Final Approval. All conditions of this chapter shall be met prior to final approval by the Building Division.

6.09.060 Infeasibility exemption.

A. Application. If an applicant for a covered project experiences unique circumstances that the applicant believes make it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that he or she submits the WMP required under Section 6.09.030(A). The applicant shall indicate on the WMP the maximum rate of diversion he or she believes is feasible for each material and the specific circumstances that he or she believes make it infeasible to comply with the diversion requirement.

B. Meeting with Compliance Official. The Compliance Official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meeting the diversion requirement. Based on the information supplied by the applicant, the Compliance Official shall determine whether it is possible for the applicant to meet the diversion requirement.

C. Granting of Exemption. If the Compliance Official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, he or she shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The Compliance Official shall return a copy of the WMP to the applicant marked “Approved for Infeasibility Exemption” and shall notify the Planning Division that the WMP has been approved.

D. Denial of Exemption. If the Compliance Official determines that it is possible for the applicant to meet the diversion requirement, he or she shall so inform the applicant in writing. The applicant shall have thirty days to resubmit a WMP form in full compliance with Section 6.09.030(A). If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with Section 6.09.030(A), the Compliance Official shall deny the WMP in accordance with Section 6.09.040(B).

6.09.070 Appeals.

A. Contents of Appeals. An appeal of the Compliance Official’s decision may be made to the City Manager in writing no more than ten days after the Compliance Official’s decision. The decision of the City Manager shall be final. The appellant must specifically state in the notice of appeal:

ITEM 12

ATTACHMENT A

1. The name and address of the appellant and appellant’s interest in the decision; and

2. The nature of the decision appealed from and/or the conditions appealed from; and

3. A clear, complete, but brief statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed were unjustified or inappropriate; and

4. The specific facts of the matter in sufficient detail to notify the city. The appeal shall not be stated in generalities.

B. Acceptance of Appeal. An appeal shall not be accepted by the City Manager unless it is complete.

6.09.080 Civil penalties.

A. Civil Penalty. If the Compliance Official, or, upon appeal, the City Manager, determines that an applicant is in noncompliance as described in Section

6.09.050(C)(3), the applicant shall pay a civil penalty in the amount calculated as two percent of the total project valuation. Until the civil penalty is paid, a certificate of occupancy may be withheld by the Planning Division.

B. Enforcement. The city attorney is authorized to bring a civil action in any court of competent jurisdiction to recover such civil penalties for the city of Ceres.

SECTION 3. T
his ordinance shall take effect thirty (30) days after its passage by the City Council and following the affirmative vote of a majority of the members of the City Council.

Within 15 days of its adoption, a summary of the ordinance shall be published in the Ceres Courier, a newspaper of general circulation, circulated and published in the City of Ceres, State of California, which summary shall include the names of those Council Members voting for and against the ordinance. A certified copy of the full text of such adopted ordinance or amendment shall be on file in the office of the City Clerk.

SECTION 4
. CERTIFICATION. This Ordinance was introduced at a regular meeting of the City Council held on the 10th day of June 2024, and passed and adopted as Ordinance No. 2024-XXXX at a regular meeting of City Council held on the 24th of June 2024, by the following vote:

AYES:
:

NOES:

ABSENT:

ABSTAIN:

ITEM 12

ATTACHMENT A

________________________________
Javier Lopez, Mayor

ATTEST:

__________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

ITEM 12
{CW116206.2}
City of Ceres

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on June 10 th, 2024 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following Ordinance of the City Council of the City of Ceres adding Chapter 9, Construction and Demolition Waste of the Title 6 – Health and Sanitation to the Ceres Municipal Code.

The California Integrated Waste Management Ac t of 1989 (AB 939) requires that each city and county in the state reduce material lan dfill by fifty percent (50%). In 2002, the State of California adopted Senate Bill 1374 encouraging cities to adopt regulations to mandate the diversion of construction and demolition (C&D) debris, at a diversion rate of 50 to 75% to maintain compliance with Assembly Bill 939. The legislation also called for the submittal of appropriate findings or documentation that summarizes the city’s progress in diverting C&D debris. Further, in 2016, the State adopted the California Green Building Standards Code (CalGreen) which re quires new residential and non-residential building construction, demolition, and certain additions/alteration projects to divert and/or salvage for reuse at least 65% of the nonhazardous waste generated from the project.

The proposed ordinance establishes adm inistrative procedures for documenting compliance with the California Green Building Code standards including the diversion of 65% of C&D debris from landfills to ensure alignment with current rules, regulations and requirements mandated by the State.

All Interested parties are invited to attend said hearing and express opinions or submit evidence for or against the proposal as outlined above.

Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Stre et Ceres, CA 95307 or by telephone at (209) 538-5731.

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Posted: May 29, 2024
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ITEM 12
ITEM 12

Ensure that any and all subcontractors for the project understand and agree to the CALGreen regulations and City of Ceres C&D Waste Management requirements and have signed the Contractor Acknowledgement form (WMP2) for verification.

Keep all receipts and weight tickets provided by the hauler and recycling vendors to be submitted as part of the Waste Management Plan Report (WMPR) to the City upon project completion.

Once the project is complete, use the Tonnage Calculation Sheet (WMPR2) to convert weights into the appropriate measure. This form must be submitted along with the WMPR at the project completion for final approval.

Complete the Waste Management Plan Report (WMPR) and attach the Tonnage Calculation Sheet (WMPR2), all receipts and weight tickets, and for applicable projects the Universal Waste Diversion Log (WMPR3) and submit to the City within 14 days of the project completion.

COMPLIANCE GUIDE & PROJECT CHECKLIST
City of Ceres
Complete, sign, and submit the CONSTRUCTION & DEMOLITION WASTE MANAGEMENT PLAN (WMP) prior to starting your project. Include signed Contractor(s) Acknowledgement form (WMP2) if applicaple and signed Terms and Conditions (WMP3).

If you plan to utilize any other organization for recycling services, please refer to the attached RESOURCE LISTING for referals to City-approved vendors that accept recyclable materials and salvaged items. If you plan to collect debris on-site and have it transported off-site by an outside hauler, Bertolotti Disposal is the City's exclusive franchise hauler and only permitted collector allowed to provide these services. Contact Bertolotti Disposal at (209) 537-1500 to arrange for C&D collection and hauling services in advance of starting work on the project.

To assist with compliance, the City of Ceres requires permit applicants to submit the Waste Management Plan (WMP, WMP2, & WMP3) prior to project start and a Waste Management Plan Report (WMPR, WMPR2, & when applicable WMPR3) within 14 days after project completion.

Please refer to the following checklist and provided resource guides to ensure all required documentation is included for final permitting approval.

CHECKLIST
The California Green Building Standards Code (CALGreen) requires new residential and non- residential building construction, demolition, and certain additions/alteration projects that are subject to City permitting requirements, to divert and/or salvage for reuse at least 65% of the nonhazardous construction and demolition waste generated during the project duration. Further, 100% of asphalt, concrete, and land clearing debris must be recycled and all demolition projects having a total footage of more than one thousand square feet must comply with the requirements of the City of Ceres permitting process. For non-residential additions and/or alterations to a building or tenant space, verification must be provided that all Universal Waste items are disposed of properly and diverted away from landfills.

Construction & Demolition (C&D) Waste Management Requirements and CALGreen Building Standards
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ITEM 12
Project Type: (check appropriate box)
Commercial Construction
Job Site Address: Residential Construction
State: Roofing
Swimming Pool
Applicant Name: Electrical
HVAC
City: Zip: Demolition
Solar Installation
Applicant Role: Owner Contractor

1. How do you plan to dispose of the debris that is generated from your project? I will be using services by Bertolotti Disposal (the City of Ceres franchise waste hauler) I will self-haul debris to __________________________________ (See resource listing included) (please use back of this page to identify additional recycling vendors to be used)

2. Construction debris generated from the project will be:

3. What type of materials will be generated by your project?

Salvaged Items (fixtures/furniture)

Applicant Signature Date
Print Name Title (owner/contractor/agent)
Ph:

Other: __________________________________________________________________________________

4. If your project is a non-residential addition and/or alteration to a building or tenant space, you must provide verification that all Universal Waste items such as flouorescent lamps and ballasts and mercury containing thermostats are disposed of properly and diverted away from landfills by submitting the Universal Waste Diversion Log (WMPR#3) upon completion of this project. Will your project require a WMPR#3 submittal at the completion of your project?
WMP#1 (of 3)
Construction & Demolition Waste Management Plan (WMP)
Please submit this form prior to starting your project.

Project Name:

City:

Permit #:

Bricks/Rocks
Glass/Windows
Sorted on-site Co-mingled (mixed waste)
Asphalt Cardboard
Other: ___________________
Applicant Address:

Project Sq.Ft.:

Zip:

Application Date:

Lumber/Wood
Concrete/Cement
Dirt/Clean Fill Metals
Drywall/Sheetrock
Roofing Materials Composite
Yes, I will be submitting a WMPR#3 No, a WMPR#3 is not required As the owner of, or agent for this permit application, I understand that by signing this form, the permit applicant agrees to the Terms and Conditions, is responsible for the debris generated under this project, and will comply with the City's recycling and reporting requirements, even if the work is performed by a subcontractor or third pary. I understand that failure to comply may result in penalties with or without associated fines and/or citations.

ITEM 12
Job Site Address:

State:

Owner's Name:

Date Company Signature
WMP#2 (of 3)
Ph:

CONTRACTOR ACKNOWLEDGEMENT - WMP2
My signature below confirms that I have reviewed and agree to comply with the California Green Building Standards (CALGreen) Construction & Demolotion Debris Diversion Requirements and adhere to City of Ceres C&D Waste Management Program requirements as provided in the Terms and Conditions of this agreement.

All subcontractors performing any work involved in the named project below, must sign this form to acknowledge their agreement and intent to comply with the CALGreen C&D diversion and City of Ceres C&D Waste Management requirements.

Permit #: Date:

Project Name:

City: Zip:

ITEM 12

1. 2.

2. 3.

4. 5.

6. 7.

Applicant Signature Date
Print Name Title (owner/contractor/agent)
TERMS AND CONDITIONS- WMP3
Waste Management Plan for Construction & Demolition Debris City of Ceres
WMP#3 (of 3)
65% of all construction and demolition debris generated and 100% of asphalt, concrete, and land clearing debris must be recycled.

Universal Waste: Non-residential additions and alterations to a building or tenant space shall require verification that Universal Waste items such as fluorescent lamps and ballasts and mercury containing thermostats are disposed of properly and diverted away from landfills.

This project shall generate the least amount of waste possible by planning and ordering carefully, following all proper storage and handling procedures to reduce broken and damaged materials, and reusing materials whenever possible. The majority of the waste that is generated on this jobsite will be diverted from the landfill and recycled for other use.

Only the City's franchised waste hauler, Bertolotti Disposal, may be hired to collect and transport trash or C&D materials off the jobsite. Further, any materials self-hauled from the jobsite for recycling must be taken to a City-approved recycler.

A Waste Management Plan (WMP) must be submitted and approved prior the project start and before a building permit will be issued.

As part of the WMP, the Contractor Acknowledgement Form (WMP2) must be completed for each subcontractor working on the project to document that they have read and understand the conditions of the WMP for the project. Waste prevention and recycling activities will be disussed at meetings with all subcontractors and materials to be salvaged will be identified in advance and contractors will be instructed on the procedures for handling all C&D debris.

A Waste Management Plan Report (WMPR) that includes all supporting receipts/weight tickets and tonnage calculation sheet (WMPR2), and Universal Waste Diversion Log (WMPR3) must be completed and submitted to the City upon completion of the project. The WMPR will identify the total waste generated for both construction and demolition, the corresponding weight for each material type, total recycled and non-recycled waste, and percentage of recyced waste (min. 65% and 100% of asphalt, concrete, and land clearing debris, and for applicable projects 100% of Universal Waste).

All receipts and/or weight tickets from your projects must be retained and provided to the City along with the Waste Management Plan Report (WMPR) prior to final inspection and before occupancy permit is issued.

My signature below confirms my understanding and agreement to the Terms and Conditions stated above and compliance with the requirements of the Waste Management Plan.

ITEM 12
Project Type: (check appropriate box)
Commercial Construction
Job Site Address: Residential Construction
State: Roofing
Swimming Pool
Applicant Name: Electrical
HVAC
City: Zip: Demolition
Solar Installation
Applicant Role: Owner Contractor
Material Type Tons Recycled/
Reused
Tons Disposed
(landfill)
Percentage
Recycled/ Reused
Asphalt
Brick/Rocks
Cardboard
Concrete-Cement
Dirt/Clean Fill
Drywall/Sheetrock
Glass/Windows
Lumber/Wood
Metals
(AC, water heater)
Mixed Construction
Materials
Plastic
Roofing Composite
Salvaged Items
Green Waste
Other (Please Specify)
_________________
Total Material
By signing below you are acknowledging that all information provided is true and correct to the best of your knowledge and are liable for any falsified information and penalty violations
WMPR (1 of 3)
Construction & Demoloition Waste Management Plan Report (WMPR) Please complete and submit this form within 14 days of project completion.

Permit #: Application Date: Project Sq.Ft.:

YOU MUST PROVIDE RECEIPTS AND/OR WEIGHT SLIPS FOR VERIFICATION Other: ___________________
Project Name:

City: Zip:

Ph:

Applicant Address:

Method of Transport (Self-Haul, Site
Collection)Taken To
Use the WMPR2 Form to calculate your percentage of recycled/reused materials ITEM 12
WMPR (2 of 3)
How to Convert Pounds into Tons:

To convert pounds to tons, divide the number of pounds by 2000 EXAMPLE: 3350 lbs =
Tons per
Cubic Yard
How to Convert Cubic Yards into Tons: 0.69
* Select the type of material from the chart to the right 1.51 * Multiply the corresponding material amount by the total number of 0.05

0.93 1

0.2 0.17
EXAMPLE: 5 Cubic Yards of
Asphalt = 0.17

0.21 0.45
How to Calculate the Diversion Rate:

0.25 0.05
Recycled and
Reused
Recycled and
Reused
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
______ = ______ ______ = ______
Cubic Yard to Tons = (Tons per Cubic Yard) x (Total # of Tons) (0.69) x (5) = 3.5 Tons of Asphalt
Pounds to Tons = (# of lbs / (2000)
(3350) / (2000) = 1.675 Tons
WEIGHT CONVERSION CALCULATION FORM- WMPR2
Please use this form to convert your disposal weights into tons.

Final weight totals must be reported in tons on your projects WMPR submission.

X 100
Brick
Concrete
Dirt/Clean Fill
Drywall/Sheetrock
Lumber
Plastic
Roofing Materials
Metals
Mixed Materials
Green Waste
= %
Material Type
Cardboard
recycled tons + reused tons
recycled tons + reused tons + disposed tons
(4) + (6) X 100 = 77%
cubic yards recycled/reused
Recycled Tons = 4
Reused Tons = 6
Disposed of Tons = 3
EXAMPLE:

To determine the percentage of material recycled/reused, divide the number of tons that were recycled/reused by the TOTAL tonnage generated by this job.

Diversion
Rate=

FOR YOUR USE
Asphalt
Concrete (0.93) x
Dirt/Clean Fill (1) x
Drywall/Sheetrock (0.2) x
Metals (0.45) x
Mixed Materials (0.25) x
Green Waste (0.05) x
Asphalt (0.69) x
Brick (1.51) x
Cardboard (0.05) x
Lumber (0.17) x
Plastic (0.17) x
Roofing Materials (0.21) x
=
4 + 6 + 3
ITEM 12
WMPR (3 of 3)
Job Site Address:

State:

Applicant Name:

Applicant Role: Owner Contractor

QUANTITIES
This form and all supporting weight tickets must be submitted with the WMPR.

UNIVERSAL WASTE DIVERSION LOG- WMPR3
Required for Non-Residential Additions and Alterations to a Building or Tenant Space Project Name:

Ph:

WASTE MATERIAL RECEIVING FACILITY
This form may be used to log all materials diverted OR provide a Waste Diversion Report from the waste hauling company that documents the same information.

City: Zip:

Batteries
Fluorescent Lamps
High Intensity Discharge Lamps
Sodium Vapor Lamps
Mercury Lamps
Mercury Thermostats
Mercury Switches
Mercury Gages
Dilators and Weighted Tubing
Non-empty Aerosol Cans
Cathode Ray Tubes
(TV & Computer Glass)
Electronic Devices
Other: ________________________
Other: ________________________
Gas Flow Regulators
Counterweights and Dampers
Other Mercury Containing Equip.

ITEM 12

DECONSTRUCTION SERVICES
Habitat for Humanity ReStore The ReUse People
4933 West Lane 9235 San Leandro Street
Stockton, CA 95210 Oakland, CA 94603
(209) 465-5054 (510) 383-1983
email: [email protected] (888) 588-9490
http://www.sjchabitat.org thereusepeople.org
Company Address City Phone Website
Asphalt
Brick
Cardboard
Concrete
Cement
Ceramics
Dirt/Clean Fill
Drywall/Sheetrock
Glass
Lumber/Wood
Metals
Mixed Recyclable Materials
Plastic
Pallets
Plastic Pallets
Roofing-Composition
Roofing- Wood Shingles
Salvaged Items
A&S Metals 1616 Angelo Way Modesto (209)537-4766 asmetals.com xx American Recycling 2070 Morgan Rd. Modesto (209)537-4410 americanrecyclingca.com xx Central Valley Agricultural Grinding Inc. 5509 Langworth Rd. Oakdale (209) 869-1721 www1.cv-ag.com/central-valley-ag-grinding xx Ceres Recycling Center 3940 Moffett Rd. Ceres (209)541-0711 xx FTG (Frank Alegre) 915 W. Anderson St. Stockton (209)334-2112 xx xx x Go Green Recycling 2413 Yosemite Blvd. Modesto (209)578-5857 gogreenmodesto.com xxx Granite Construction 10500 S. Harlan Rd. French Camp (209)982-1484 www.graniteconstruction.com xx Habitat for Humanity 630 Kearney Ave. Modesto (209)575-4585 x Jim Newell's Iron & Metal 228 Empire Ave. Modesto (209)402-8420 jnmetals.com x K & D Enterprises, Inc. 4107 Morgan Rd. Ceres (209) 538-8492 xx x x K & K Electronics 3422 Oakdale Rd. Modesto (209)551-0500 knkelectronics.com x Modesto Junk Company 1425 9th St. Modesto (209)522-1435 modestojunk.com xxx Modesto Sand & Gravel Co. 6139 Hammett Ct. Modesto (209) 545-1325 www.modestosandandgravel.com Recology Grover Environmental 6133 Hammett Ct. Modesto (209)545-7718 www.recology.com/companies.htm xxxxxxxxxxxxx x x x ReUse People 6350 27th St. Sacramento (209)241-3614 thereusepeople.org x Riverbank Recycling 2780 Patterson Rd. Riverbank (209)863-8641 x Stockton Shingle dump- SPT 10500 S. Harlan Rd. French Camp (916)533-8013 x Sierra Wood Shavings 938 E. French Camp Rd. French Camp (209)982-0552 www.sierrawoodshavings.com xx The New Tin Yard 623 Kansas Ave. Modesto (209)522-6456 www.thenewtinyard.net x United Facilities, Inc. 3535 Periman Dr. Stockton (209)470-1469 xx x x UNKE, Inc. 9200 Claribel Rd. Oakdale (209)538-8492 x

DROP OFF RECYCLING FACILITIES
Deconstruction is a cost saving alternative to traditional complete demolition by recycling, reusing or donating materials for tax write offs, instead of disposing them in landfills. The advantages of deconstruction may include tax deductions for material donations, cost-savings by reusing materials, preservation of vintage architecture, and avoidance of city fines and permit delays.

Salvaged items in working condition, such as double-pane windows, lighting fixtures, sinks, cabinets, ceiling fans, doors, etc., can be dropped off at:

RESOURCE LIST
accepts PVC
accepts household appliances
accepts household appliances
KEEP RECEIPTS/WEIGHT TICKETS TO SUBMIT WITH WMPR Materials Accepted for Recycling Will take E-waste too
charge if dirty/rebar
Clean only
Working condition only
Additional Notes
anything metal
ITEM 12

Ceres City CouncilJune 10, 2024

Ceres City Council
June 10, 2024