Agenda — Ceres City Council, May 12, 2025 (part 1 of 2)

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, May 12, 2025, 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: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero (District 3)

INVOCATION
Invocation by Patrick Davis, Ceres Christian Church.

Click this link to join the webinar:
https://us02web.zoom.us/j/86380739338?pwd=Uk9aUPfAOOQpQ744HExQWAOjxEjLkl.1 Webinar ID: 863 8073 9338; Passcode: 245313; or Dial: (669) 900-6833

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING THE CITY CLERK AT [email protected] BEFORE 4:00 PM THE DAY OF THE MEETING.

INCLUDE THE AGENDA ITEM NUMBER OR PUBLIC COMMENT PERIOD IN THE SUBJECT LINE OF THE EMAIL. THE CLERK MAY READ WRITTEN COMMENTS INTO THE RECORD, IF SPECIFICALLY REQUESTED TO DO SO AT THE BEGINNING OF YOUR EMAIL. YOUR WRITTEN

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

If you have any questions on how to attend virtually or are encountering difficulties connecting to the meeting, please contact the City Clerk at [email protected].

AGENDA
Regular City Council Meeting
May 12, 2025

Page 2 ends

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Service Award for Lt. Hudson

B. Stroke Awareness/Prevention Month Proclamation

C. National Public Works Week Proclamation

D. Mental Health Awareness Month Proclamation

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.

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

None

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 May 12, 2025, City Council Meeting was Posted on Wednesday, May 7, 2025. (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. Register of Audited Demand (s) Dated April 16 , 2025, through April 23 , 2025 . (Esenwein)

4. Resolution No. 2025-XXX, Adopting a List of Projects for Fiscal Year 2025-2026 Funded by SB 1: The Road Repair and Accountability Act of 2017. (Beltran) AGENDA
Regular City Council Meeting
May 12, 2025

Page 3 ends

5. Consideration to Cancel the Regularly Scheduled City Council Meeting of May 26, 2025. (City Manager)

6. Resolution No. 2025-XXX, Approving a Professional Services Agreement with RH Borden and Company LLC, for the Sewer Line Rapid Assessment and the Inflow & Infiltration Assessment and Authorizing the City Manager to Execute the Contract . (Royal)

7. Waiver of Second Reading and Adoption of Ordinance No. 2025 -XXXX, An Ordinance of the City Council of the City of Ceres, Adopting a Rezone to Change the Zoning Map Designation from the AP Administrative Professional Zoning District to the R -5 Multi -Family Residential Zoning District for a 2.1 -Acre Site . (Aguirre)

8. Resolution No. 2025-XXX, Approving Master Service Agreements for City Surveyor Service, Authorizing a Budget A mendment, and Authorizing the City Manager to Execute the Agreements. (Beltran)

9. Resolution No. 202 5-XXX, Approving Amendment #1 to Eide Bailly, LLP to Provide Accounting Consulting Services. (Esenwein)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

10. Resolution No. 2025-XXX, Approving a Three-Year Agreement with Ceres Youth Baseball for the Use of Costa Fields Baseball Complex and Authorizing the City Manager to Execute the Agreement. (Chavez)

11. Adopting Revised Resolution No. 2025 -027, Adopting a General Plan Amendment to Repeal the 2015 -2023 Housing Element and Adopting the 2023 - 2031 Housing Element of the General Plan in Compliance with State Housing Element Law. (City Attorney)

PUBLIC HEARING

12. Resolution No. 2025-XXX, Approving the Update to the Public Facilities Fee Nexus Study for City’s Impact Fee Program and Adopting the Public Facilities Impact Fee Schedules. (Beltran)
*This public hearing will be continued to the June 9, 2025, regular City Council meeting.

NEW BUSINESS

13. Resolution No. 2025-XXX, Approving a Budget Amendment to Allocate Additional Funds from General Fund Reserves for Legal Services for the Remainder of Fiscal Year 2025. (City Manager)
AGENDA
Regular City Council Meeting
May 12, 2025

Page 4 ends

DISCUSSION ITEMS

14. Measure H Citizens’ Oversight Committee Appointment Process. (City Clerk)

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

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

• Mayor
• City Council
• City Manager
• City Attorney
• Departments

CLOSED SESSION

15. Conference with Legal Counsel – Anticipated Litigation , Cal. Gov’t Code §54956.9(d)(2)
“For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circum stances, there is a significant exposure to litigation against the local agency.” Potential Case: 1 case

16. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fridge benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.”
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

17. Liability Claims, Cal. Gov. Code §54956.95
“For the purposes of [Section 54956.9], ‘existing facts and circumstances’ shall consist only of one of the following: The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall AGENDA
Regular City Council Meeting
May 12, 2025

Page 5 ends

be available for public inspection pursuant to Section 54957.5.” Claimant: Marc Maghoney
Agency Claimed Against: City of Ceres

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on May 26, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Council Agenda:

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

Related Materials:

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at 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 off ice at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, May 7, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

PROCLAIMING MAY 2025, AS

NATIONAL STROKE AWARENESS MONTH

THE CITY COUNCIL
City of Ceres

WHEREAS, when it comes to strokes, every second counts; and

WHEREAS, nearly two million brain cells di e each minute a stroke remains untreated; and

WHEREAS, rapid access to medical treatment often times makes the difference between full recovery and permanent disability; and

WHEREAS, act F.A.S.T. (face drooping, arm weakness, speech difficulty, time to call 9-1-1 if someone is having a stroke); and

WHEREAS, strokes can happen to anyone at any age and 80% of strokes are preventable; and

WHEREAS, strokes are the fifth leading caus e of death in the United States and a leading cause of severe disability; and

WHEREAS, on average, one person dies from a stroke every four minutes and more than 795,000 people have a stroke each year in the United States; and

WHEREAS, prevent a stroke by managing your blood pressure, controlling your cholesterol, reducing your blood sugar, stayi ng active, eating better, losing weight, and not smoking.

Proclaimed this 12th day of May 2025

___________________________
Javier Lopez, Mayor
ITEM B
ITEM B

PROCLAIMING MAY 18 - 24, 2025, AS

NATIONAL PUBLIC WORKS WEEK

THE CITY COUNCIL
City of Ceres

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

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

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

WHEREAS, the year 2025 marks the 65
th annual National Public Works Week
sponsored by the American Public Works Associati on/Canadian Public Works Association.

NOW, THEREFORE, BE IT RESOLVED I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Ma yor Daniel A. Martinez, Councilmembers James Casey, Rosalinda L. Vierra, and Ceri na Otero, do hereby designate the week of May 18–24, 2025, as National Public Works W eek. I urge all citizens to join with representatives of the American Public Works Associat ion and government agencies in activities, events, and ceremonies desig ned to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national healt h, safety, and advancing quality of life for all.

Proclaimed this 12th day of May 2025

___________________________
Javier Lopez, Mayor
ITEM C
ITEM C

PROCLAIMING MAY 2025 AS

MENTAL HEALTH AWARENESS MONTH

THE CITY COUNCIL
City of Ceres

WHEREAS, mental health includes our emotional, psychological, and social well-being; it affects how we think, feel, and act; it also affects how we handle stress, relate to others, and make choices; and

WHEREAS, mental health is important for our individual well-being and vitality, as well as that of our families, communities, and businesses; and

WHEREAS, nearly 1 in 5 American adults will have a diagnosable mental health condition in any given year and more than 42.5 million U.S. adults live with anxiety disorder, the most common mental health condition in America; and

WHEREAS, May 1 through May 31, 2025, is recognized as Mental Health Awareness Month; and

WHEREAS, Mental Health America (MHA) is the nation’s leading national nonprofit dedicated to the promotion of mental health, well-being, and prevention; and

WHEREAS, MHA’s 2025 theme is “Turn Awareness Into Action”, which celebrates the progress we’ve made in recognizing the importance of mental health and provides challenges to turn understanding into meaningful steps toward change; and

WHEREAS, mental health management ensures that individuals can focus their abilities to live, work, learn, and fully participate and contribute to our society, while promoting diversity, inclusion, and acceptance; and

NOW, THEREFORE, BE IT RESOLVED I, Javier Lopez, Mayor of the City of Ceres, on behalf of the City Council, Vice Mayor Daniel A. Martinez, Councilmembers James Casey, Rosalinda L. Vierra, and Cerina Otero, do hereby recognize the month of May 2025, as Mental Health Awareness Month. We call upon our ci tizens, government agencies, public and private institutions, businesses, and schools to commit to increasing awareness and understanding of mental illness, and the need for appropriate and accessible services for all people with mental illnesses to promote recovery and a higher quality of life.

Proclaimed this 12th day of May 2025

___________________________
Javier Lopez, Mayor
ITEM D
ITEM D

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT:

City Council approve the register of audited demand(s) dated April 16, 2025, through April 23, 2025, covering obligations to be paid by general warrants in the amount of $2,214,928.71.

I. BACKGROUND:

In accordance with Section 37202 of the Government Code of the State of California this is presented here with a summary of demands against the City of Ceres covering obligations to be paid for the period ending April 16, 2025 through April 23, 2025.

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.

II. REASONS FOR RECOMMENDATION:

The Finance Department monitors payments of invoices for accountability, accuracy, and completeness. Budgeted payrolls and demands paid by warrants or checks may be presented to the legislative body for ratification and approval. This allows for invoices to be paid in a timely manner to establish goodwill with merchants and allows for discounts to be taken where applicable.

III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2024- 25 ITEM 3
budget. There is a $2,214,928.71 fiscal impact for the period of April 16, 2025 through April 23, 2025.

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
IX. STEPS FOLLOWING APPROVAL:

N/A

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Warrant Register April 16, 2025 through April 23, 2025 ITEM 3
Attachment A
4/28/2025
1 Date PO# Invoice Description Amount

49.95 49.95

39.05 39.05

40.09 40.09
662.00
375.00
1,037.00
2,370.30
2,370.30
22500101 44,791.23
44,791.23
8,449.48
8,449.48
157.14
200.49
107.78
127.12
254.25
107.78
107.78
178.82
1,241.16
04/16/25 1ST SECURITY & SOUND, INC MONTHLY ALARM SERVICES CORP YARD Total:

Voucher List
City of Ceres
Vendor Name
04/16/25 AMAZON CAPITAL SERVICES, INC. CLOCK FOR FLEET OFFICE Total:
04/16/25 AMAZON CAPITAL SERVICES, INC. PUMP WITH LOCKING CLAMP FOR FLEET Total:
04/16/25 AT&T FEB 25 PHONE SVCS CALNET
Total:
04/16/25 AMERICAN VALLEY WASTE OIL INC RECYCLE BULBS

RECYCLYING BULBS
Total:
04/16/25 BERTRAND, FOX, ELLIOT, OSMAN & WENZEL LLP PAYMENT TOWARDS LAWSUIT DEDUCTIBLE Total:
04/16/25 AT&T VESTA EXTENDED MAINTENANCE
Total:

RED HUMUS FOR DOG PARK

SOIL CONDITIONER FOR DOG PARK

SOIL FOR PARKS

CONCRETE FOR DOG PARK
04/16/25 CALIFORNIA LANDSCAPE SUPPLY, INC. ½ YARD OF CONCRETE FOR SIDEWALK AT CITY HALL 1 YARD OF CONCRETE FOR SIDWALK AT CITY HALL

SOIL CONDITIONER FOR DOG PARK
Total:

ITEM 3
Attachment A
4/28/2025
2 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
276.72
276.72
360.00
360.00
140,056.77
140,056.77

39.82 39.82
81,486.41
81,486.41

96.00 96.00
1,160.00
1,087.50
2,247.50
5,930.33
5,930.33
1,521.53
1,521.53

22.72 34.30
1,031.25
1,088.27
1,187.41
1,187.41
Total:
04/16/25 CHARTER COMMUNICATIONS FIBER INTERNET
04/16/25 CHARTER COMMUNICATIONS 4/1-4/30 SCADA INTERNET WATER Total:
04/16/25 CITY OF MODESTO 2/24-3/24/25 WATER SVCS ROW @ RICHLAND AVE Total:
04/16/25 CITY OF MODESTO 1/31-2/28/25 NORTH CERES SEWER SRVCS FY24/25 HOSME Total:
04/16/25 DEPT OF JUSTICE ACCOUNTING OFFICE CASHIERING UNIT MAR 25 PRE-EMPLOYMENT FINGER PRINT APPS Total:
04/16/25 CITY OF TURLOCK MAR 25 TURLOCK SEWER USE CHARGES 3/1-3/31/25

SAFETY TRAINING FIRE EXTINGUISHER
Total:
04/16/25 E&M ELECTRIC AND MACHINERY, INC SCADA EQUIPMENT & LICENSE Total:
04/16/25 DU-ALL SAFETY, LLC SAFETY TRAINING CHEMICALS SAFETY Total:
04/16/25 FERGUSON US HOLDINGS, INC 1 3' PVC 90 FOR CITY HALL PROJECT Total:
04/16/25 EH WACHS MOTHER BOARD VALVE TRUCK BLUE TOOTH 04/16/25 GARTON TRACTOR, INC STREETS SPRAYER
Total:
4 3' PVC COUPLINGS FOR CITY HALL PROJECT
BACKFLOW WELL #38
Total:

ITEM 3
Attachment A
4/28/2025
3 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
370.00

53.55 1,258.95
696.15
1,426.80
1,274.70

42.80 42.80

37.80 696.15
696.15

42.80 42.80

42.80 37.80
6,762.05
100.79
100.79
210.13
210.13
453.05
453.05
7,746.47
9,084.21
16,830.68

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER/ WATER QUALITY SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES
04/16/25 GEOANALYTICAL LABORATORIES, INC COLLECTION SYSTEM SAMPLING & ANALYSIS TANK 2.3 BACTI SAMPLES

DRINKING WATER/ WATER QUALITY SAMPLES

DRINKING WATER NITRATE SAMPLES
WELL 16 NITRATE SAMPLES
Total:

WELL 16 NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER NITRATE SAMPLES
04/16/25 HD SUPPLY, INC PROBE FOR LOCATIONS OF METERS Total:
04/16/25 GRAINGER EARPLUGS, WIPES
Total:
04/16/25 HUNT & SONS LLC FUEL FOR PD ACCT 76081 3/16/1-3/31/25 FUEL FOR PW ACCT 76078 3/16/1-3/31/25
Total:
04/16/25 HUGHSON FARM SUPPLY 3 BACKPACKS HERBICIDE SPRAYERS Total:

ITEM 3
Attachment A
4/28/2025
4 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name

44.03 44.03
1,753.54
1,753.54
475.00
6,234.05
6,709.05
8,677.00
8,677.00
22500119 16,742.84
22500119 16,731.69
33,474.53
507.96
507.96

75.00 75.00
315.67
222.76

51.82 53.30

32.39 81.10
363.05
1,120.09
04/16/25 INDUSTRIAL ELECTRICAL CO. GENERATOR LOAT TEST WELL #38 Total:
04/16/25 HUNT OIL OF CALIFORNIA PROPANE FOR FLEET DEPT.

Total:
04/16/25 JACKSON LEWIS P.C. PAYMENT TOWARDS LAWSUIT DEDUCTIBLE Total:
04/16/25 INFOSEND, INC. MAR 2025 ONLINE MAINT & SUPPORT FEE MAR 2025 UB STATEMENT PROC & POSTAGE
Total:
04/16/25 JULIAN AGUIRRE PER DIEM&MILEAGE REIMBURSEMENT-CALED ONTARIO5-25 Total:
04/16/25 KLEINFELDER, INC 12/13/24-2/23/25 DOWNTOWN REVITALIZATION 2024-152 2/24-3/23/25 DOWNTOWN REVITALIZATION RESO2024-152
Total:
04/16/25 MISSION LINEN SUPPLY 12/2/24 UNIFORM SERVICES WASTEWATER 3/31/25 UNIFORM SERVICES STREETS
4/7/25 UNIFORM SERVICES STREETS
04/16/25 ROSE SIMAS DISHWASHER REBATE Total:
4/7/25 UNIFORM SERVICE PARKS
2/24/25 UNIFORM SERVICES FLEET
4/7/25 UNIFORM SERVICES WTR/ WTR CONSERVATION
2/17/25 UNIFORM SERVICES WATER
Total:

ITEM 3
Attachment A
4/28/2025
5 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
238.40

34.68 119.20
392.28
172.60

61.69 11.41
245.70
333.74
333.74

72.95 119.27
924.19
330.15
118.56

34.99 1,600.11
644.24
644.24
1,000.00
1,000.00
22500054 361,466.25
22500111 16,850.00
378,316.25
04/16/25 O'REILLY AUTO PARTS MOTOR OIL FOR FLEET
SLIT PINS, BOLTS, BOOT KIT FOR POLICE UNIT 10-203

MOTOR OIL FOR FLEET

OFFICE SUPPLIES

OFFICE SUPPLIES
Total:

Total:
04/16/25 ODP BUSINESS SOLUTIONS, LLC RECEIPT PAPER, OFFICE SUPPLIES 04/16/25 PRICE FORD OF TURLOCK, INC. RELFECTORS FOR POLICE UNIT 10-112-21

A/C TUBE FOR FACILITIES PICKUP
BUMPER FOR FLEET DEPT.
04/16/25 PRESSURE WASHER CENTER INC. SHOP STEAM CLEANER Total:
04/16/25 PUMPTECH HOLDINGS, LLC VFD FANS AT WELL #28 Total:

PANELS FOR FLEET DEPT 19 F150
ISOLATOR FOR POLICE UNIT 10-112-21
CLIPS, SCREWS, REFLECTORS POLICE UNIT 10-112-21
Total:
04/16/25 ROLFE CONSTRUCTION INC. FEB 25 RICHLAND SANITARY SWR RPLMNT PROJ P23-007

PAVEMENT REPAIR ON WHITMORE ROAD
Total:
04/16/25 GURPREET REHAL REHAL P8157 3/18/25 RFND CC LRG RM Total:

ITEM 3
Attachment A
4/28/2025
6 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
22400069 68,620.00
22400069 68,620.00
137,240.00
257.74
257.74
159.99
159.99

30.02 30.02
946.46
210.87

48.00 1,205.33
1,219.00
1,219.00
22500020 7,244.77
22500020 2,235.51
9,480.28
747.00
747.00
1,755.68
1,745.55
3,501.23
335.00
335.00
04/16/25 RYAN HERCO PRODUCTS CORP CL2 INJECTOR CHECK VALVES Total:
04/16/25 RUSH TRUCK CENTERS OF CALIFORNIA, INC. PW FEET REPLACEMENT VEHICLES RES 24-03 PW FEET REPLACEMENT VEHICLES RES 24-03
Total:
04/16/25 SCP POOL DISTRIBUTORS, LLC MURIATIC ACID Total:
04/16/25 SAFE T LITE OF MODESTO INC SIGNS FOR GAC TANKS WELL #22 Total:

Total:
04/16/25 SHARP ELECTRONICS CORPORATION APR 1-30 2025 STANDARD PYMNT 8 COPIERS 1 PRINTER 04/16/25 SHANE PARSON SAFETY JACKETS & EMBROIDERY PW

JACKETS & EMBROIDERY WATER DEPT

JACKET & EMBROIDERY SOLID WASTE
BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25
Total:
04/16/25 STANISLAUS FOUNDATION DENTAL CARE TRUST ACCT DENTAL CLAIMS PAID APRIL 25 Total:
04/16/25 STANISLAUS COUNTY BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25 AMBER LIGHT FOR NEW F250
Total:
04/16/25 SOLID WASTE ASSOCIATION OF NORTH AMERICA MEMBERSHIP/ SUBSCRIPTION DUES Total:
04/16/25 SUMEET SINGH AMBER LIGHT FOR NEW F250 Total:

ITEM 3
Attachment A
4/28/2025
7 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
619.00
619.00
40,765.58
40,765.58
8,475.00
8,475.00
15,000.00
15,000.00
1,966.30
1,966.30
1,966.30
5,898.90
102.90
102.90
54,600.00
13,200.00
67,800.00
49,745.54
49,745.54
149.85
149.85
315.00
315.00
149.85
315.00
149.85
1,544.40
Total:
04/16/25 U.S. BANK VISA MAR 25 VISAS
04/16/25 SWRCB ACCOUNTING OFFICE ANNUAL STATE PERMIT SMYRNA Total:
04/16/25 USPS POSTAGE REFILL FY25 METER ACCT 08066280 Total:
04/16/25 UNITED PAVEMENT MAINTENANCE, INC SEWER LINE REPAIR AND MANHOLE COVER 55 GAL OF HERBICIDE FOR WEED CONTROL
55 GAL OF HERBICIDE FOR WEED CONTROL
Total:

Total:
04/16/25 VALLEY AGRONOMICS, LLC 55 GAL OF HERBICIDE FOR WEED CONTROL 04/16/25 WEBSOFT DEVELOPERS, INC 2/2025-1/2026 MOBILE MMS ANNUAL SUBSCRIPTION

MOBILE MMS ANNUAL SUBCRIPTION FOR GIS HOSTING
Total:
04/16/25 VALLEY WIDE COOPERATIVE HAND PUMP FOR WATER DEPT.

Total:
04/23/25 1ST SECURITY & SOUND, INC MONTHLY ALARM SERVICES AMERICAN LEGION HALL

MONTHLY ALARM SERVICES WHITMORE MANSION

MONTHLY ALARM SERVICES MUSEUM & WHITMORE HOUSE
04/16/25 WESTPORT FIRE PROTECTION DIST. FY 2023-2024 G-3 & WEST LANDING AGREEMENT Total:

MONTHLY ALARM SERVICES PW FIRE

MONTHLY ALARM SERVICES PARKS YARD

MONTHLY ALARM SERVICES COMMUNITY CENTER FIRE

MONTHLY ALARM SERVICES COSTA FIELDS
Total:

ITEM 3
Attachment A
4/28/2025
8 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name

92.00 161.00
115.00
368.00
294.78
294.78
22500005 29,580.89
29,580.89
305.27
476.40

39.09 8.66
829.42

87.57 87.57
1,320.66
1,320.66
2,521.00
3,565.00
6,086.00
571,611.15
571,611.15
1,500.00
1,500.00
22500090 1,126.25
1,126.25
04/23/25 209 MULTIMEDIA CORPORATION LEGAL AD: 4/2/25 MEASURE H VACANCY LEGAL AD: PUB. HEAR. NOTICE CC#3-7 24-48CUP&24-06
LEGAL AD: PH NOTICE CC#3-9 NOTICE OF COMM. MTGS.

Total:
04/23/25 ADVANCED MOBILITY GROUP TRAFFIC ENG/ON-GOING SUPP SVCS CTY TRAFFIC SIGNL Total:
04/23/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC APRIL 25 SCADA MANAGED BACKUPS

TOOL HOLDER

SQUEEGEE FOR FLEET SHOP
WIPES FOR FLEEP DEPT.

Total:

Total:
04/23/25 AMAZON CAPITAL SERVICES, INC. LAGOON SLUDGE JUDGE & SKIMMER 04/23/25 BAY POWER, INC. BREAKER SMYRNA WELLSITE
Total:
04/23/25 AT&T MOBILITY 02/24-03/23/25 MODEMS FOR PD/FIRE VEHICLES Total:
04/23/25 BERTOLOTTI CERES DISPOSAL, INC GARB BILLING LESS FRANCHISE FEE MARCH 2025 Total:
04/23/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC SIGNAL ROUTINE MAINTENANCE

TRAFFIC SIGNAL RESPONSE
Total:
04/23/25 BSK ASSOCIATES MAR 25 MORGAN RD STORM DRAIN IMPROV PROJ ARGMNT #4 Total:
04/23/25 BEST ELECTRIC INC REPLACE ELECTRICAL PANEL AT SMYRNA WELL SITE Total:

ITEM 3
Attachment A
4/28/2025
9 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
545.03
545.03
1,660.75
1,660.75

25.00 25.00

25.00 75.00
268.25
268.25
130.43
130.43

34.03 34.03
746.60
746.60
176.70
176.70

76.20 603.05

8.70 687.95
452.00
341.00
793.00

21.68 21.68
04/23/25 PARDY BOUNTHAVONG ICE MAKER FS 18
Total:
04/23/25 CA DEPT OF TRANSPORTATION TRAFFIC SIGNAL SHARE OF $ WHITMORE @ HWY 99 RAMP Total:

Total:
04/23/25 CHARTER COMMUNICATIONS 4/1-30/25 PD CABLE SVCS 04/23/25 CERES BODY SHOP, INC FLAT TIRE TOW

FLAT TIRE TOW

POLICE VEHICLE FLAT TOW
Total:
04/23/25 CIVICPLUS, INC MUNICODE PAPER SUPPLEMENT PAGES Total:
04/23/25 CHOICE ELECTRIC, INC LEDS FS 3
Total:
04/23/25 CR RANCH, INC. K9 BOARDING - VEKO
Total:
04/23/25 CORELOGIC SOLUTIONS, LLC MAR METRO SCAN OLINE ACCESS STAN CO DATE, AERIAL NEW HIRE UNIFORM - J. HENN
NEW HIRE UNIFORM - C. DIAZ - CLASS A TIE
Total:

Total:
04/23/25 CRESCENT SUPPLY NEW HIRE UNIFORM - SS SHIRT - BERRIATUA 04/23/25 DITTOS COPY CENTER, INC. DATE STAMP FOR RECORDS Total:
04/23/25 DEPT OF JUSTICE ACCOUNTING OFFICE- CASHIERING FEBRUARY 2025 - LIVE SCANS MARCH 2025 LIVE SCANS
Total:

ITEM 3
Attachment A
4/28/2025
10 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
22500024 26,257.50
26,257.50
135.00
135.00
270.00

81.16 98.09
179.25
255,068.20
255,068.20
3,132.00
3,132.00
1,772.40
1,772.40

33.22 33.22
125.00
4,750.00
4,875.00
1,956.00
1,956.00
1,854.03
2,125.07
3,979.10
04/23/25 ELEVATOR TECHNOLOGY, INC. ELEVATOR SERVICE CCC

ELEVATOR SERVICE PD
Total:
04/23/25 DOKKEN ENGINEERING MAR 25 CROWS LANDING RD REHAB PROJ RESO#2024-121 Total:
04/23/25 FIRE RISK MANAGEMENT SERVICES MAY 2025 MED/VSN PREM Total:
04/23/25 FERGUSON US HOLDINGS, INC PVC PARTS FOR CITY HALL PROJECT

PLUMBING SUPPLIES
Total:
04/23/25 GEOANALYTICAL LABORATORIES, INC SWPPP ANALYSIS WW Total:
04/23/25 GARYS FENCING & WIRE SUPPLY, INC NEW IRRIGATIPN FOR SCADA CONTROL &VALVE SYSTEM Total:
04/23/25 HAO VAN LE MONTHLY ANALYSIS APRIL 25
Q2 GROUND WATER MONITORING SAMPLING & ANALYSIS
Total:
04/23/25 GRAINGER EXTINGUISHER TAGS
Total:
04/23/25 IMPERIAL BAG & PAPER CO. LLC JANITORIAL SUPPLIES

CUSTODIAL SUPPLIES
Total:
04/23/25 HOLD UP DISPLAYS, INC RIFLE RACKS FOR ARMORY Total:

ITEM 3
Attachment A
4/28/2025
11 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
1,745.87
1,745.87
1,744.28
1,427.76
1,427.76
8,091.54

25.80 25.80
312.00
312.00
1,650.00
1,650.00
492.19
492.19
140.00
140.00
301.00
301.00

10.00 66.04
532.49

54.34 47.32

36.38 77.66

65.00 889.23
131.52
131.52
ANNUAL SERVICE P-2 GENERATOR

ANNUAL SERVICE P-I GENERATOR
Total:
04/23/25 INDUSTRIAL ELECTRICAL CO. ANNUAL SERVICE COMPOUND GENERATOR

ANNUAL SERVICE HEADWORKS GENERATOR

ANNUAL SERVICE AERATOR GENERATOR
04/23/25 JANA KIRCHERT 4/7-17/25 GET FIT/ZUMBA GOLD CLASSES Total:
04/23/25 JACK HENRY & ASSOCIATES, INC. EPS MONTHLY Total:
04/23/25 MARTIN MARIETTA MATERIALS, INC. 6.61 TONS OF ASPHALT Total:
04/23/25 JORGENSEN & COMPANY, INC FIRE ALARM PANEL PD Total:
04/23/25 MATTHEW WILLIAMS M. WILLIAMS PALM SPRINGS CONVENTION PER DEIM Total:
04/23/25 CLIMATE CARE INC. REFUND FOR BUILDING PERMIT 25-0127 Total:
4/14/25 UNIFORM SERVICE WASTEWATER
4/14/25 UNIFORM SERVICE STREETS
4/14/25 UNIFORM SERVICE FACILITIES
4/7/25 UNIFORM SERVICE FACILITIES
4/14/25 UNIFORM SERVICES WTR/WTR CONSERVATION
04/23/25 MISSION LINEN SUPPLY 4/14/25 MATS FOR PW ADMIN BUILDING 4/7/25 UNIFORM SERVICE WASTEWATER
6 CASES OF NITRILE SAFETY GLOVES
Total:

Total:
04/23/25 MODESTO BATTERY COMPANY & SUPPLIES, INC. BATTERIES ITEM 3
Attachment A
4/28/2025
12 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name

82.42 82.42
1,407.63
1,407.63
235.40
235.40
470.80
860.62

34.68 474.65
119.20
1,489.15
160.00

40.00 200.00

82.45 59.55
142.00

21.88 189.32
258.59
469.79
3,876.29
3,876.29
145.05
145.05
04/23/25 MODESTO STEEL COMPANY, INC TUBING STREETS F250 UNIT 302-49 Total:
04/23/25 NATIONAL ELEVATOR INSPECTION SERVICES INC ROUTINE INSPECTION2/28/25 2701 4TH ST.

Total:
04/23/25 MOTOROLA SOLUTIONS, INC 5/1-30/25 RADIO MAINTENANCE BOLTS FOR POLICE UNIT 10-203-21
BATTERY FOR FLEET DEPT.

OIL FOR FLEET DEPT.

Total:

ANNUAL INSPECTION PD 2/28/25
Total:
04/23/25 O'REILLY AUTO PARTS ROTORS, DISC PADS FLEET DEPT. 04/23/25 ODP BUSINESS SOLUTIONS, LLC TONER

LABEL MAKER TAPE
Total:
04/23/25 DAWN M. GEE PRE-EMPLOYMENT CREDIT CHECKS

PRE-EMPLOYMENT CREDIT CHECK
Total:

Total:
04/23/25 PACE SUPPLY CORP 3" METER FOR WATER DEPT. 04/23/25 ODP BUSINESS SOLUTIONS, LLC SCISSORS

TONER - DISPATCH

TONER - WATCH COMMANDER
Total:

Total:
04/23/25 PRESSURE WASHER CENTER INC. FUEL TANK FOR SHOP PRESSURE WASHER ITEM 3
Attachment A
4/28/2025
13 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
11,629.16
11,629.16
197.35
197.35
910.56
1,530.73
104.85
2,546.14
22500109 370.50
370.50
1,875.00
1,875.00
550.00
550.00
1,000.00
1,000.00
2,500.00
2,500.00
22500089 9,215.00
9,215.00

21.49 28.54

50.03 43.96

43.96 22500106 9,315.00
9,315.00
04/23/25 PACIFIC GAS & ELECTRIC MAR 25 PG&E GAS SVCS Total:
04/23/25 PRICE FORD OF TURLOCK, INC. SERVICE ON POLICE UNIT 112 Total:
04/23/25 PACIFIC STORAGE COMPANY 4/1-30/25 PD SHREDDING 04/23/25 PROVOST AND PRITCHARD ENGINEERING, INC WELL 22 GRANULAR ACTIVATED CARBON TREATMENT VESSEL Total:

SERVICE ON POLICE UNIT 104
HOSE FOR POLICE UNIT 10-101-18
Total:
04/23/25 SATWANT S. SANGHERA CENTRAL VALLEY SPORTS P8816 1/18/25 CALMB Total:
04/23/25 RAY'S RADIO SHOP INC. COSTA BALL FIELD LIGHTS Total:
04/23/25 RITE-WAY COMPLIANCE GROUP, LLC FOG PROGRAM ANNUAL SUBSCRIPTION Total:
04/23/25 STANISLAUS COUNTY OFFICE OF EDUCATION STANISLAUS CO OFFICE ED P9038 3/24/25 RFND CC LRG Total:
04/23/25 SAFE T LITE OF MODESTO INC 8 SPRING CLIPS FOR CONCRETE TOOL POLES 1 STENCIL FOR MARKERS PARKS BLOCKS
Total:
04/23/25 RIVER CITY GEOPROFESSIONALS, INC. FEB 25 SEWER REHAB PROJ (LUCCESSI LN) AGRMNT NO.#2 Total:
04/23/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
04/23/25 SLAKEY BROTHERS, INC. IGNITER KIT HEATER Total:

ITEM 3
Attachment A
4/28/2025
14 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
22500020 6,506.45
22500020 5,784.89
12,291.34
436.00
436.00

57.00 57.00
3,660.00
3,660.00
400.80
400.80
476.67
476.67
290.82
290.82
1,055.65
1,055.65
326.87
326.87
720.00
720.00
22500068 1,768.00
22500068 748.00
2,516.00
86,618.41
86,618.41
04/23/25 STANISLAUS COUNTY AUDITOR-CONT LUCHESSI LN SWR RPLMNT - ENCR PERMIT #66-2025 Total:
04/23/25 STANISLAUS COUNTY BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25 BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25
Total:
04/23/25 STANISLAUS COUNTY SHERIFF'S DEPT RADIO MAINTENANCE - 3RD QUARTER Total:
04/23/25 STANISLAUS COUNTY CLERK NOE RICHLAND AVE SIDEWALK IMPROVMENTS (2522) Total:
04/23/25 STERICYCLE, INC HAZARDOUS WASTE PICKUP
Total:
04/23/25 STANISLAUS FOUNDATION DENTAL CARE TRUST ACCT DENTAL CLAIMS PAID APRIL 25 Total:
04/23/25 THE MALLORY CO. CONFINED SPACE WINCH REPAIR Total:
04/23/25 INTERNATIONAL TELE-PATH RADIO ANTENNAS
Total:
04/23/25 TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC MARCH 2025 - K9 TRAINING Total:
04/23/25 THOMAS BETTENCOURT CUSTOMIZED TABLECLOTH FOR PUBLIC RELATIONS TEAM Total:
04/23/25 TURLOCK IRRIGATION DISTRICT MAR 07 - APR 07 2025 TID ELECTRICITY SVCS Total:
04/23/25 TROY E. SLAYBAUGH GRAFFITI ABATEMENT - CODE AND PARKS

GRAFFITI ABATEMENT - CODE AND PARKS
Total:

ITEM 3
Attachment A
4/28/2025
15 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
143.87
143.87
279.69
279.69
152.59
152.59

87.68 450.00
842.86
5,000.00
1,500.00
6,500.00
1,966.30
1,966.30
1,269.16
1,269.16
2,974.35
2,974.35
103.94
22500071 7,695.89
7,799.83
22500117 4,240.00
4,240.00

34.60 95.73
130.33
04/23/25 UNITED SITE SERVICES MARCH 2025 - RANGE TOILET RENTAL Total:
04/23/25 UBEO WEST, LLC 10/01-12/23/24 USAGE CHARGE PRINTERS Total:

ROCKEFELLER FENCING REMOVEL/ HAUL
Total:
04/23/25 URBAN FUTURES, INC CONTINUING DISCLOSURE & COMPLIANCE SVCS RPRT 04/23/25 UNITED SITE SERVICES FENCE RENTAL FEB 25 FENCE RENTAL MAR 25
FENCE RENTAL APR 25
Total:
04/23/25 VALLEY CRITTER CARE, INC K9 FOOD

CONTINUING DISCLOSURE & COMPLIANCE SVCS RPRT
Total:
04/23/25 VALLEY AGRONOMICS, LLC 55 GAL OF HERBICIDE FOR WEED CONTROL Total:
04/23/25 WHITE BRENNER LLP FEB25 WATER SERVICES
Total:
04/23/25 VERIZON WIRELESS MAR 5 - APR 4 2025 VERIZON SVCS Total:
04/23/25 WILLE ELECTRIC SUPPLY, INC. 16FT LBL FOR CITY HALL FEB25 GEN MUNI LEGAL SERVICES
Total:
04/23/25 WILLDAN FINANCIAL SERVICES WTR & WW RATE STUDY UPDATE AGRMNT RESO25-017 FY25

COSTA FIELDS
Total:

ITEM 3
Attachment A
4/28/2025
16 Date PO# Invoice Description Amount
Voucher List
City of Ceres
Vendor Name
9,171.25
9,171.25
2,214,928.71
Total:

Vouchers in this report Total vouchers:
04/23/25 WOOD RODGERS, INC. COPPER TRAILS MASTER PLAN-PROF. SVCS. MARCH 2025 ITEM 3
Vendor: US BANK VISA
Check Date: 4/16/2025
Invoice No.: Mar-25
Invoice Descritpion: MAR 25 VISAS

CARD HOLDER CHARGE DESCRIPTION TOTAL

SCOTT KEYS

SOFTWARE, FOOD, EATING PLACES AND RESTAURANTS, FAST FOOD RESTAURANTS, MARRIOTT LODGING, CLEAN TRUCK CHECK SERVICE FEE, CLEAN TRUCK CHECK 916.61
VERONICA GONZALEZ OFFICE SUPPLIES 128.95

SHAWN WALKER
4" CLAMPS FOR STREETS CACCON, MATERIALS TO INSTALL TO CLEAN UP AND REPAIR CABNET 10TH/ MAG STORM LIFTSTATION, TOOLS FOR STREETS SERVICE TRUCK, MEMBERSHIP RENEWAL FOR COLLECTIONS GRADE 1, MATERIALS FOR STORMDRAIN PROJECT BEHIND ANNEX BUILDING, MATERIALS FOR STORMDRAIN PROJECT BEHIND ANNEX BUILDING 531.79 MATTHEW WILLIAMS ACROBAT PRO MONTHLY SUBSCRIPTION, VOIP MONTHLY FEE FOR SCADA, VOIP PHONE NUMBER PERTING FEE 47.13

JONATHAN FREDERICK
WILDCARD SSL CERTIFICATE FOR CI.CERES.CA.US, REPLACEMENT HARD DRIVES FOR PD NETWORK ATTACHED STORAGE, BLUEBEAM ANNUAL RENEWAL FOR ENGINEERING 1,057.82

HANK UNRUH

BANNER GROMMITS, CHAINSAW CHAPS, GLOVES, WASHER, NUTS, C-CLAMPS, DRILL BITS (JERAMY W TRUCK), CHAINSAW PANTS, SAFETY

GOGGLES, ANTI VIBRATION GLOVES, ASPHALT TAMPERS, TAMPER HANDLE, CLEANING WIPES, TAPE MEASURE, REDHEAD ANCHORS, TONER

CARTRIDGES, LEATHER BOOT CONDITIONER, ELECTRIC TAPE, GRINDER CUTOFF WHEELS, MUCK BOOTS (JERAMY), CONCRETE FORM BOARDS (CITY HALL), BARRICADE LUMBER, WATER JUG, PHONE CHARGER, HAZ LABLES, PHONE CHARGERS, BATTERIES 1,821.44 TRAVIS HUDSON HOTEL STAY FOR TACTICAL COMMANDER SCHOOL 2,101.00 MARK ANDERSON REPLACEMENT PRINTER, ETHERNET PATCH CABLES (30), CABLE MANAGEMENT STRAPS(2) POWER STRIPS(2) 879.83

JOHN THOMAS
CREDIT/RETURN, QUICK CONNECT , HOSE REPAIR, SS CLAMP, PAINT TOOL, SCRAPER, FLAP DISC. X2, BURSH X2, WHEEEL X2, 5QUART MIXING CONTAINER X2 128.03

DYLAN W PALECEK
OFFICE WATER - WATER DEPT, OFFICE WATER - PW, 3/1-31/25 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE, MOUSE PAD, USB/HDMI CABLES, KEYBOARD CLEANER 268.40
BRYAN N FERREIRA TICKET WRITER PAPER, FAA UAV REGISTRATION FOR 3 UAV'S 383.30

AMERICO R CASTANEDA
PLUMBING/ STRAWBERRY PARK, LED LIGHT FOR FS 2, CEMENT / CH, PAD LOCKS/ LH, PAD LOCKS /CCC, CREDIT/ RETURN, BATTERIES/ SCADA 160.25

DIRK NIEUWENHUIS

CLOUD STORAGE FOR SOCIAL MEDIA/PR TEAM, CELL PHONE CASES FOR NEW PHONES BEING ISSUED TO PATROL OFFICERS, SCREEN PROTECTORS FOR CELL PHONES ISSUED TO PATROL OFFICERS 678.45

TONI CORDELL

SUPPLIES FOR EMPLOYEE APPRECIATION/SAFETY LUNCHEON, FOOD FOR EMPLOYEE APPRECIATION/SAFETY LUNCHEON, CERES COURIER SUBSCRIPTION, EXTENDED WARRANTY FOR PRINTER PURCHASE, PRINTERS FOR LEAF & LIMB ENFORCEMENT 1,153.96 JOSEPH CHAVEZ OFFICE SUPPLIES, J. CHAVEZ: PER DIEM 25 CPRS CONF 1,400.18 ANN M MONTGOMERY HYATT REGENCY SANTA ROSA - PLANNING COMMISSIONERS ACADEMY - DORIE PEREZ - MARCH 627.88 AARON R OJEDA-MORENO HOSE, EDGER BLADES 58.49
CRISTINA AGUILAR LEGAL AD: 2/28 RHNAOD ORDINANCE, ZOOM ROOM, WEBINAR & LICENSES 1,815.08

FALLON MARTIN

COUNCIL HEADSHOTS & GROUP PHOTO, COUNCIL HEADSHOT PHOTO FRAMES, MOVING BOXES FOR CITY HALL REMODEL, EATING PLACES AND RESTAURANTS, COUNCIL HEADSHOT PHOTO PRINTS 1,441.92 MATTHEW SCOTT DIESEL EXAUST FLUID, WEED EATER TUNE UP KIT, SHOVELS AND BUCKETS, HEADWORKS HOSES 391.42 ITEM 3
ANGELICA HERNANDEZ TONER CARTRIDGE, CABINET DOOR LOCKS 159.76 RICHARD SUFFECOOL 4X3 COUPLER FOR WATER PIPE 16.12
ABRAHAM OCHOA JR PD/ CHALK DFLEX 230, FS# 1 /DAP, PD/ HAYSTACK, CITY HALL/ ORIG PT TP 125.84

JOSHUA CASAS
CALIBRATE 2 BACKFLOW TESTERS, TREATMENT PLANT OPERATION VOLUME 1, CONVENIENCE FEE FOR TREATMENT PLANT OPERATION VOLUME 1 1,179.05

JESSICA PULLIAM

COMMUNITY CENTER BIOHAZARD CONTAINER, OFFICE SUPPLIES, CERES PD TRAINING, EASTER CITY EVENT TFF PAYMENT, COOKING CLASS SUPPLIES, CANVA RENEWAL FEE, J. PULLIAM: PER DIEM 25 CPRS CONF 2,218.45 MICHAEL ESTACIO TRUCK STOCK SAW BLADES, CITY WIDE ASPHALT, CITY HALL ANEX, SAW BLADES, WD 40, CAYRT HALL PVC PARTS 370.18

MARCY PEDERSON

CAMERA ZOOM LENS, DATA SEARCH TOOL FOR INVESTIGATIONS, CAMERA, REPLACEMENT CONFERENCE ROOM CHAIR FOR BROKEN CHAIR, MEMBERSHIP FOR EVELYN GARCIA, SANITIZING WIPES 2,005.93

ELLEN EDMONDSON
PIPE FITTINGS FOR CL2, FITTINGS FOE WELL MAINTENANCE, FITTINGS FOR CL2, PSI REGULATIONS WATER VALVES, EQUIPMENT FOR CL2 ANALYSERS, TRUCK CLEANING SUPPLIES 740.73

KENNETH E VAUGHN

CAMERAS FOR SMYRNA PARK, PARKING FOR CONFERENCE PAPPAS, MEMBERSHIP, TRAINING CONFERENCE, PARKING FOR CONFERENCE CPRS, PARKING FOR COFERENCE WCA/ CPRS 713.99
JOHNNY CARRILLO HARDWARE STORES, HOME SUPPLY WAREHOUSE STORES 548.01

SHAWN W HESS

POSTAGE FOR OPERATOR RENEWAL, OPERATOR LICENSE RENEWAL, OPERATOR RENEWAL CC FEE, MIXING BUCKETS, WRRF EQUIPMENT

PAINT, HEADWORKS HOSE NOZZLE, BRAKE CLEANER DEGREASER, ANNUAL WORK BOOTS SHAWN, FAUCET REPLACEMENT PARTS, ANNUAL MEMBERSHIP RENEWAL, TRAINING SEMINAR, HEAVY DUTY WASH DOWN HOSE 1,408.78 Crystel Aguilar SENIOR PROGRAMMING - SENIOR LOUNGE, STAN COUNTY - SENIOR EVENT, C. AGUILAR: PERDIEM 25 CPRS CONF 1,190.16 BOBBY TITUS EA9 SERES TOUCH SCREEN HMI 1,523.75

ROBERT HERRINGTON
FLAGGING TAPE DGER, BLADES 50X1 FUEL MIX, EQUIPMENT PARTS FOR REPAIR MOOR & SERVICE RD, MEMBERSHIP RENEWAL CERTIFICATION, CPRS CONFERENCE 741.88
JEFFREY VARNI BOOK STORES, HARDWARE STORES 413.20
DELILAH VASQUEZ EMPLOYEE RECOGNITION AWARDS, FUEL FOR CITY VEHICLE, HOTEL FEE FOR NOR CAL CONFERENCE 371.77 JEFFERY GODFREY CERES PD STICKERS FOR PR TEAM, DESKTOP COMPUTER WEBCAM FOR LIEUTENANT OFFICE, AUXILLARY LIGHTING FOR TRAFFIC 603.32 SONIA LEDEZMA VARIETY STORES 86.68
SAMIR ROYAL ELECTRIC VEHICLE CHARGING, SHERATON 1,047.80 TRENTON JOHNSON SHELF FOR EMPLOYEE BREAK AREA, TRENTON JOHNSON POLICE BOOTS 259.84 ARMANDO HERNANDEZ AIR BLOWER 216.74
JULIAN AGUIRRE HYATT REGENCY SANTA ROSA - PLANNING COMMISSION ACADEMY - JULIAN AGUIRRE, MARCH 587.88

OSCAR HERNANDEZ

1.45 TONS OF ASPHALT, PUMP HAND SPRAYER, 1.51 TONS OF ASPHALT, WORKS BOOTS FOR STEVEN, RAIN GEAR FOR STEVEN, RAIN BOOTS FOR STEVEN, WORK BOOTS FOE EDURORDO, RAIN BOOTS FOR EDUARDO 1,156.45 REBECCA JOHNSON OFFICE SUPPLIES FOR WATER DEPT., OFFICE SUPPLIES FOR WATER DEPT., OFFICE SUPPLIES, OFFICE SUPPLIES 146.24 KHRISNA STITZELL K. STITZELL: PER DIEM 25 CPRS CONF 1,096.48 JOHN BANTA EPSON CHECK SCANNER CLEANING CARDS 37.92

KEITH GRIEBEL

SHEVLING SYSTEM, TUITION FOR CA CRIMINAL WARRANT CONF, EDUCATIONAL MATERIALS RELATED TO THE TOBACCO GRANT, UPS SHIPPING FOR T/E ITEM, DISPATCH HEADSET BATTERIES 2,909.36 ROBIN R EVANS BLOWER AND BLADES, PARTS, BLOWER/ BATTERY 1,889.80 JULIO AMADOR K9 KENNEL SUPPLIES 168.36
JONATHAN BLOUNT WELLNESS ROOM SUPPLIES 209.41

ELYSE DAVIS-CAPOEMAN

CAR CHARGERS FOR NEW PROGRAMMERS, PHOTOS FRAMES FOR OPERATOR CERTIFICATE DISPLAY, SHELVING FOR PW SUPERINTENDANT OFFICE, OFFICE SUPPLIES- TISSUE, BINDERS 198.42
ITEM 3
AL BURKETT SAFETY TOE WORK BOOTS, PVC FOR CITY HALL PROJECT 431.35 Grand Total 40,765.58
ITEM 3
ITEM 3

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering / City Engineer [email protected], (209) 538-5775
SUBJECT: Resolution No. 2025 -XXX, Adopting a List of Projects for Fiscal Year 2025 -2026 Funded by SB 1: The Road Repair and
Accountability Act of 2017
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the FY 2025-2026 project list to be funded by (SB) 1, “The Road Repair and Accountability Act of 2017.”
I. BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill (SB) 1, which is known as the Road Repair and Accountability Act of 2017. The primary focus of that Bill is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highways and local streets and road systems. One of the criteria for funding requires cities to submit an approved project list to the California Transportation Commission. The proposed project list must be adopted by Council and included into the FY 2025 -26 budget to be eligible for funding.

Beginning November 1, 2017, the State Controller’s Office will deposit various portions of this funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). These funds will be distributed to the State, Counties and Cities in monthly installments. Ceres is estimated to receive $1,317,814 for FY 2025-26 to expend on local projects (Exhibit A).

Attached A identifies the project title, location, estimated start date, estimated completion date and life expectancies of the improvements.

II. REASONS FOR RECOMMENDATION:

SB1 requires that cities identify projects and incorporate projects into budget prior to receiving SB1 funding.

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III. FISCAL IMPACTS:

It is estimated that the City will receive and expend approximately $ 1,317,814 in SB1 funding in FY 2025-26.

IV. EXISTING 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. POLICY ALTERNATIVES:

1. Council approval of the project list is required prior to consideration and approval by the California Transportation Commission. The City Council can choose to not approve SB1 funding for these projects. This is not recommended as the intended projects would be underfunded.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

There were no outreach meetings for this funding.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

Submit project requirements for SB1 funding and incorporate into FY 2025-26 budget.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution
ITEM 4

ATTACHMENT A
RESOLUTION NO. 2025-XXX
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

THE CITY COUNCIL
City of Ceres, California
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,317,814 in RMRA funding in Fiscal Year 2025-26 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and ITEM 4

ATTACHMENT A
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate three (3) streets and add active transportation infrastructure totaling approximately four (4) lane miles throughout the City this year and many similar projects into the future; and WHEREAS, the 20 23 California Statewide Local Streets and Roads Needs Assessment found that the City ’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials, and practices, will have significant positive benefits to the City, Neighboring Cities and regionally.

NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Ceres, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues:

No New Projects

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2025-26 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Each Relisted Project Previously Proposed MUST Include:

Project Title: Crows Landing Road Rehabilitation
Project Description: Reconstruction of Pavement Section, construction of new sidewalks and curb ramps
Project Location: Service Road to Whitmore Avenue
Estimated Project Schedule: Start (01/25) – Completion (12/26) based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years
Project Title: Whitmore Ave Pavement Rehabilitation
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ATTACHMENT A
Project Description: Pavement, curb ramp, and sidewalk reconstruction Project Location: Crows Landing Road to Morgan Road
Estimated Project Schedule: Start (12/23)– Completion (12/26) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
Project Title: Moffett Road Rehabilitation
Project Description: Overlay/reconstruction of Pavement, curb ramps, and sidewalks
Project Location: Whitmore Avenue to Hatch Road
Estimated Project Schedule: Start (08/23)– Completion (12/26) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
__________________________
Javier Lopez, Mayor
ATTEST:
_____________________________
Fallon Martin, City Clerk
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT:

Consideration to Cancel the Regularly Scheduled City Council Meeting of May 26, 2025
RECOMMENDED COUNCIL ACTION:

By minute order, cancel the second regularly scheduled City Council meeting of May 26, 2025.

I. BACKGROUND:

Section 2.02.010 of the Ceres Municipal Code specifies the regular meetings of the City Council shall be held on the second and fourth Monday of each month at 6:00 p.m. in the Ceres City Council Chambers.

The second regular meeting in May 2025 falls on Memorial Day, a designated holiday for City of Ceres staff members. Cancellation of this meeting requires an affirmative vote of the City Council. The next regular scheduled City Council meeting will be held on Monday, June 9, 2025. Should a meeting be necessary before J une 9, 2025, a special meeting can be called which requires a 24-hour notice with posting the agenda.

II. REASONS FOR RECOMMENDATION:

The second regularly scheduled City Council meeting in May 2025 falls on Memorial Day, which is an observed holiday by the City of Ceres.

III. FISCAL IMPACTS:

There are no fiscal impacts associated with this item.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
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V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Clerk will post a Notice of Cancellation as prescribed by law, in the locations required by the City of Ceres on the Affidavit of Posting and the City website.

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

COUNCIL AGENDA REPORT

Resolution No. 202 5-XXX, Approving a Professional Services Agreement with RH Borden and Company LLC, for the Sewer Line Rapid Assessment and the Inflow & Infiltration Assessment and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council approve a professional services agreement with RH Borden and Company LLC, for the Sewer Line Rapid Assessment and the Inflow & Infiltration Assessment in the amount of $109,150.00 and authorize the City Manager to execute the contract.

I. BACKGROUND:

Currently, the City of Ceres wastewater staff cleans approximately 215,000 feet or one- third of its sewer system annually at a rate of 2,000 to 3,000 feet per day. However, industry data indicates that only about 11 percent of pipes typically require cleaning.

Based on this standard, the City of Ceres should clean fewer than 25,000 feet of pipe per year. This significant reduction in unnecessary cleaning will allow wastewater crews to focus their time and resources on where they are needed most.

To support this shift, the City plans to implement Acoustic Assessment technology, which utilizes a Sewer Line Rapid Assessment Tool (SL-RAT) to gather fast, cost-effective data on the condition of pipes 12 inches in diameter or smaller. This technology enables staff to quickly identify problem areas and prioritize maintenance efforts accordingly, ensuring greater efficiency and improved system performance.

In addition, the City is conducting an Inflow and Infiltration (I&I) Assessment to detect and quantify unwanted water entering the sewer system. This study will pinpoint the sources of inflow and infiltration, allowing for targeted repairs that enhance the integrity of the collection system and reduce treatment costs.

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Together, these tools will enable the City of Ceres to modernize its wastewater management practices, making better use of staff time, reducing operational costs, and improving service delivery to the community.

II. REASONS FOR RECOMMENDATION:

The recommendation to implement the Sewer Line Rapid Assessment Tool (SL-RAT) and conduct an Inflow & Infiltration (I&I) Assessment is based on the need to optimize the City of Ceres’ wastewater system operations through data-driven decision-making.

RH Borden and Company LLC is the exclusive manufacturer’s representative for InfoSense, Inc., the sole -source manufacturer and distributor of the Sewer Line Rapid Assessment Tool (SL -RAT). InfoSense is the only provider of this technology, which utilizes active acoustic transmission between a transmitter and receiver placed in adjacent manholes to deliver a rapid, aggregate assessment of potential blockages within small-diameter gravity sewer lines. No other product on the market offers this patented method of sewer line evaluation, making InfoSense the sole-source provider for this type of acoustic assessment technology.

III. FISCAL IMPACTS:

This project will be funded through Wastewater Enterprise Funds, FY-24/25 Operations Budget, account number 56725.021300 in the amount of $109,150.00. This amount will not impact FY-24/25 Wastewater Operations Budget.

IV. EXISTING POLICY/RELATIONSHIP TO THE STRATEGIC PLAN:

The implementation of the Sewer Line Rapid Assessment Tool (SL-RAT) and Inflow & Infiltration (I&I) Assessment aligns with the City of Ceres’ strategic priorities related to infrastructure sustainability, operational efficiency, and environmental stewardship.

These efforts support the City’s ongoing commitment to proactive asset management, regulatory compliance, and responsible use of public resources.

V. POLICY ALTERNATIVES:

Choosing not to implement the Sewer Line Rapid Assessment Tool (SL-RAT) and the Inflow & Infiltration (I&I) Assessment would require the City of Ceres to continue relying on traditional, time-intensive cleaning and inspection methods across the entire sewer system—regardless of actual need.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
ITEM 6
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the C ity Manager shall execute the professional services agreement with RH Borden and Company LLC.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH RH

BORDEN AND COMPANY LLC, FOR THE SEWER LINE RAPID

ASSESSMENT AND THE INFLOW & INFILTRATION ASSESSMENT AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, currently, the City of Ceres wastewater staff cleans approximately 215,000 feet or one-third of its sewer system annually at a rate of 2,000 to 3,000 feet per day; and

WHEREAS, industry data indicates that only 11 percent of pipes typically require cleaning, for which the City of Ceres should clean fewer than 25,000 feet of pipe per year; and

WHEREAS, this significant reduction in unnecessary cleaning will allow wastewater crews to focus their time and resources where they are needed most; and

WHEREAS, implementing the Sewer Line Rapid Assessment Tool (SL -RAT) and conducting an Inflow & Infiltration (I&I) Assessment is strongly recommended to enhance the operational efficiency of the City of Ceres wastewater system through data -driven decision - making; and

WHEREAS, RH Borden and Company LLC , is the exclusive manufacturer’s representative for InfoSense, Inc., the sole -source manufacturer and distributor of the Sewer Line Rapid Assessment Tool (SL-RAT); and

WHEREAS, this project will be funded through Wa stewater Enterprise Funds, FY-24/25 Operations budget, account number 56725.021300 in amount of $109,150.00.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a professional services agreement with RH Borden and Company LLC, for the Sewer Line Rapid Assessment and the Inflow & Infiltration Assessment and authorizes the City Manager to execute the contract.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________________
Fallon Martin, City Clerk

ITEM 6
ITEM 6

AGREEMENT
FOR

PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 12th day of May 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and RH BORDEN AND COMPANY, LLC, hereinafter referred to as "CONTRACTOR" each individually a “Party” or collectively the “Parties”). There are no other parties to this Agreement.

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

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

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

ATTACHMENT B
ITEM 6

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

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

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

ITEM 6

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

7. TERM OF AGREEMENT
This Agreement shall be effective May 12, 2025 and will continue in effect until May 12, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid the amounts as provided in Exhibit A. The total compensation to CONTRACTOR shall not exceed ONE HUNDRED - NINE THOUSAND AND ONE HUNDRED FIFTY DOLLARS ($109,150.00) unless the Parties mutually agree in writing ITEM 6

otherwise.

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

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

The Contract Officer’s decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct ITEM 6

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

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

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

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

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

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

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or ITEM 6

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

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

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

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

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

CONTRACTOR is permitted to provide services to others during the same period service is provided to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in ITEM 6

fulfilling the terms and obligations under this Agreement.

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

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

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

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

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

FOR CONTRACTOR: Name: RH Borden and Company
Address: 3166 Half Dome Drive
Pleasanton, CA 94566
Attention: Kwin Peterson
Phone: (415) 747-0100

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

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

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

21. TERMINATION OF AGREEMENT
ITEM 6

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

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

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

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

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

Termination by CITY for Change of CONTRACTOR'S Tax Status ITEM 6

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

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

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

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

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not ITEM 6

limited to or restricted by any requirement in this Agreement for CONTRACTOR to procure and maintain a policy of insurance.

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

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

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

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

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

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

ITEM 6

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

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

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

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

ITEM 6

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

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

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

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

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

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

ITEM 6
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.

Dated , 2025 Dated April 15, 2025
CITY OF CERES, a municipal corporation CONTRACTOR
By By
Douglas D. Dunford, City Manager Signature
Typed name/title
APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

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

Fallon Martin, City Clerk
Jonathan Borden / President
ITEM 6
Cover Letter
To City of Ceres,
RH Borden is pleased to provide the following quote for a Sewer Collection System Assessment and an Inflow and Infiltration (I&I) Target Basin Assessment for the City of Ceres.

Please find the following items included with this proposal:

Table of Contents

1. Quotation 2831 for Sewer Assessment Services and I&I Target Basin Assessment

2. Specifications for Acoustic Assessments and Manhole Inspections

3. Specifications for I&I Target Basin Assessment

4. Expected area of Target Basin Assessment
As we discussed, this proposal include acoustically inspecting approximately 1/3 of the gravity system (pipes 6”-12” in diameter) and visual inspection of associated manholes in Ceres. The proposal also includes a study to quantify and located (within about 800 feet) sources of I&I in a targeted basin. These two services are separate and independent.

Please note that this quote does not include traffic control and any needed traffic control would be worked out in conversation with the city. We expect that traffic control will be needed to access manholes on Hatch, Central, Mitchell, Whitmore, and in a few other spots. This should not add up to more than four days.

We are excited to provide this service to you. Please reach to me with any questions or requests.

Respectfully,
Kwin Peterson
Northern California Manager
RH Borden and Company
3166 Half Dome Drive
Pleasanton, CA 94566
415-747-0100

EXHIBIT A
ITEM 6
RH Borden and Company LLC
2961 W Maple Loop Dr
Ste 300
Lehi, UT 84043-5722 USA
Quotation

ADDRESS
Samir Royal
City of Ceres
2220 Hackett Road
Ceres, CA 95307
QUOTATION # 2813
DATE 03/31/2025

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Acoustic
Assessment
Service
Acoustic assessment of sewer line
pipes utilizing Transmissive Acoustic
Inspection Rapid Assessment
Technology (SL-RAT) per ASTM
F3220. Service includes:
1) Full assessment of designated
pipes into the following categories:

GOOD / FAIR / POOR / BLOCKED / or

CONNECTED TO BURIED MANHOLE
2) Delivery of assessment data in RH
Borden Online ArcGIS Dashboard with
additional ability to download data
in .csv and .shp formats.

Final cost based on actual footage
assessed.
215,000 0.24 51,600.00
Level 1
Manhole
Inspection
Level 1 Manhole Inspection
Manholes will be assessed and
prioritized based on manhole condition
and incorporated into acoustic
assessment data set. Manhole
assessments will include either of the
following:
1) A 3-point risk scale (Low, Medium,
High) across 5 sections of the manhole
(Lid, Collar, Main Body, Trough,
Overall Condition).
2) Notation showing that the manhole
is missing or buried.

Data will be captured and included in
RH Borden Online ArcGIS Dashboard
with filtering and reporting capability.

Final cost based on actual number of
manholes assessed.
730 12.00 8,760.00
Crew Crew Mobilization - Acoustic 2.50 4,900.00 12,250.00

EXHIBIT A
ITEM 6

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Mobilization
Target Basin
I&I
Assessment
Target Basin I&I Assessment includes
the following:

Site Designation:
1) Interactive GIS Dashboard showing
the sites where sensors will be placed.

Site Preparation - Manhole Virtual
Model (MVM):
1) Full 360 video and lidar scan of
each designated manhole or other
designated structure.
2) Creation of a digital twin of the
manhole or structure scanned by
generating a 3D high resolution point
cloud. This twin will be used to obtain
necessary dimensions needed to
calculate flow in the specific manhole.

Study Monitoring:
1) Placement of 7 level sensors across
each mile of the target basin including
all field installation work and sensor
setup and provisioning
2) 24 X 7 Monitoring of water level
within that basin
3) Multi-channel cellular connection to
facilitate real-time data flow with daily
data updates.
4) Access to cloud based real-time
analytics to view sensor performance,
set level alarms, monitor level data and
view basin flow changes and I&I
detection
5) Ongoing maintenance and
monitoring of sensors during data
collection period
6) Integration of current wet weather
database and correlation of wet
weather to water level
7) Collection of data following data
collection period in upload onto RH
Borden GIS Dashboard for I&I
analytics (Sensors shall remain in
place until either sufficient data is
collected to confirm I&I results or 5
months has elapsed)
8) Analysis of all data using proprietary
RH Borden I&I analysis algorithm to
provide the ranking of each sensor
location showing contribution of I&I
across each basin
Payment Schedule:
20,850 1.40 29,190.00
ITEM 6

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
Phase 1 - Project Start/PO - 33%
Phase 2 - Sensor Installation - 33%
Phase 3 - Final Report - 34%
Crew
Mobilization
Crew Mobilization 1.50 4,900.00 7,350.00

SUBTOTAL 109,150.00
TAX 0.00
TOTAL $109,150.00
Accepted By Accepted Date
ITEM 6

Acoustic Assessment and Manhole Assessments

1. Sewer line inspections using transmissive acoustics shall be conducted as follows:

a. Sewer line Acoustic Transmissive Inspection as specified in ASTM F3220 – 17 “Standard Practice for Prioritizing Sewer Pipe Cleaning Operations by Using Transmissive Acoustic Inspection”. These services will be accomplished by using the systems provided by InfoSense, Inc. using equipment known as Sewer Line Rapid Assessment Tools (SL- RAT).

b. A detailed summary of each sewer line assessed including the following:
i. Unique Measurement Identification Number
ii. Time and Date of Measurement
iii. Length of pipe segment measured as measured by available Global Positioning Services (GPS).
iv. GPS Location of Transmitter and Receiver at the time of measurement v. The Condition of the pipe will be reported on a 10 point scale as shown below:
i. 10 = Good - No significant obstructions within the pipe ii. 7-10 = Good – Minor impediments within the pipe such as joint offsets, partial sags, protruding laterals, debris, minor grease, and/or minor root fibers and/or other obstructions that could affect the score. iii. 4-6 = Impediments within the pipe such as joint offsets, partial sags, protruding laterals, debris, grease, and/or root fibers. Single or multiple occurrences and/or other obstructions that could affect the score. iv. 1-3 = Significant impediments within the pipe such as multiple joint offsets, near full pipe sag, multiple protruding laterals, significant debris, significant grease, significant root fibers and/or root balls. Single or multiple occurrences and/or other obstructions that could affect the score.
v. 0 = Full pipe sag, single or multiple obstructions within the pipe reaching or nearly reaching the flow and/or other obstructions that could affect the score.
vi. Missing = Pipe is connected to a missing or buried manhole. These pipes should be immediately prioritized to gain access to enable maintenance.
vi. The format of the final report shall be provided electronically as a hosted GIS dashboard. Data will be downloadable by the city for their use.

c. Perform a visual manhole inspection for each manhole for Customer as follows:
i. Each manhole will be visually inspected and rated as Good, Poor, or Fair for the following attributes:
i. Proper seating of manhole lid
ii. Condition of manhole collar
iii. Condition of overall interior manhole structure
iv. Condition of manhole shelf
v. Presence of infiltration
ii. Data from manhole inspections shall be added as attribute data along with the acoustic assessments in the GIS dashboard.

ITEM 6

Target Basin Inflow and Infiltration Assessment

A Target Basin I&I Assessment shall be conducted as follows:

1. Site Designation: An Interactive GIS Dashboard showing the sites where sensors will be placed shall created by RH Borden and reviewed and approved by the system operator.

2. Site Preparation - Manhole Virtual Model (MVM):
a. A full 360 video and lidar scan shall be taken of each designated manhole or other designated structure.
b. A digital twin of the manhole or structure scanned shall be created by generating a 3D high resolution point cloud. This twin will be used to obtain necessary dimensions needed to calculate flow in the specific manhole.

3. Assessment Monitoring shall include:
a. Placement of 7 level sensors across each mile of the target basin including all field installation work and sensor setup and provisioning
b. 24 X 7 Monitoring of water level within that basin
c. Multi-channel cellular connection to facilitate real-time data flow with daily data updates. d. Access to cloud based real-time analytics to view sensor performance, set level alarms, monitor level data and view basin flow changes and I&I detection e. Ongoing maintenance and monitoring of sensors during data collection period f. Integration of current wet weather database and correlation of wet weather to water level g. Collection of data following data collection period in upload onto RH Borden GIS Dashboard for I&I analytics (Sensors shall remain in place until either sufficient data is collected to confirm I&I results or 5 months has elapsed) h. Analysis of all data using proprietary RH Borden I&I analysis algorithm to provide the ranking of each sensor location showing contribution of I&I across each basin ITEM 6
Target Basin Assessment: Expected Approximate Location
ITEM 6

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

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

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

ITEM 6

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 6

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 6

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

Subcontractors

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

ITEM 6

COUNCIL AGENDA REPORT

Ordinance No. 2025-XXX, An Ordinance of the City Council of the City of Ceres, A dopting a Rezone to Change the Zoning Map Designation from the AP Administrative Professional Zoning District to the R-5 Multi-Family Residential Zoning District for a 2.1- Acre Site
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt an ordinance to rezone to change the zoning map designation from the AP Administrative Professional Zoning District to the R -5 Multi -Family Residential Zoning District on a 2.1 acre site.

I. BACKGROUND:

This project is a Site Plan Approval and Rezoning of a 2.1 acre site for the development of a four-story, 81-unit senior living facility that will be located behind Evanshire Gardens Event Center located at 1748 Evans Road. Per section 18.03.030- Responsibilities of the City Council in the Zoning Ordinance, the City Council is the body to decide on Rezonings.

In the event that applications for other land use permits are requested in conjunction with a Rezoning, the City Council becomes the final decision -making body for the other land use permit as well.

The proposed project was heard by the Planning Commission at a public hearing on April 7, 2025. Commissioner Condit made a motion to approve the project upon adding a condition that requires a front gate be added to the entrance of the project on Stone Haven Way. The applicant agreed to install an entrance gate. As such, the Planning Commission voted 4-0 (Perez absent) to recommend approval of the project to the City Council with the addition of the entrance gate condition. The condition has been added to the Conditions of Approval assuming the Council also would like a gate to be installed at the entrance of the project . The Council may remove this condition if they feel the gate is unnecessary.

ITEM 7
The project also qualifies for a State Density Bonus as it is a 100% senior housing project.

Under State Density Bonus law, a qualifying project is also eligible for waivers and concessions. The applicant has requested one waiver for the height of the project. This is discussed further below.

II. REASONS FOR RECOMMENDATION:

Staff is recommending approval of the Site Plan Application and the Rezoning as the project is consistent with the General Plan land use designation of High Density Residential, meets the R -5 Multi-Family Residential Zoning District standards, and is a 100% senior living project that meets the requirements of State Density Bonus law.

General Plan
The project site has a General Plan land use designation of HDR High Density Residential. The HDR land use designation supports a senior living facility such as the proposed project. The allowable density of a project in HDR is 20 -30 dwelling units per acre. At 81 units, the density calculation is 38.5 dwelling units per acre. As such, the project exceeds the allowable density per acre allotment. However, under State Density Bonus Law (Government Code Section 65915), a 100% senior living project is entitled to a density bonus on the allowable number of units. The maximum allowable units on the site without the bonus is 63 units. With a 35% bonus, the 81 units is within the allowable density bonus range. It is important to note that if the entire five acres developed as a housing project, as it could given the General Plan land use designation, the applicant could have proposed up to 150 units on site. With a 35 percent density bonus, the number of units could have been 203 units. While a larger senior project would have been great for the City, it’s still exciting to be able to have new senior units in the City and still keep an active business in town. The dual use of the site is essentially a form of horizontal mixed use that benefits the City as wh ole by providing jobs and residential units all on one parcel.

The project is consistent with several senior housing goals and policies and in -fill development policies as noted in Attachment F, Planning Commission Staff Report.

Based on the conformance to multiple General Plan goals and policies, and the project’s conformance to the land use designation’s allowable uses, staff believe that the proposed project is supported by the General Plan.

Zoning Ordinance
The project site is zoned AP Administrative Professional. A housing project is not permitted in the AP zoning district. As such, the applicant is proposing to rezone 2.1 acres of the project site to the R -5 Multiple-Family Residential zoning district. Giv en the General Plan designation for this site of HDR, it is clear that the City has intended since at least 2018 to have this site redevelop as a housing development site.

The project meets the development standards of the R -5 zoning district in that the setbacks except for the height, which is discussed below in the Density Bonus section.

The project also meets the required number of parking stall needed for the proposed use.

The proposed number of parking stalls on site is 36. Per the Zoning Ordinance, a Residential Care Facility required 1 parking space per three beds. There will be 89 residents in this senior living facility, making the required number of parking spaces 30 ITEM 7
stalls. It is important to note that this facility is not exactly a Residential Care facility, but it is also not a multi -family facility either, given the age restriction of the population and the needed care component of the facility. When determining what parking ratio to use, the apartment calculation did not make sense as the required number of parking stalls did not accurately tell the story about the residents living in the facility. These units will be filled with individuals over the age of 55 w ho will be at varying stages of their lives.

Some will be restricted to their beds and unable to drive. Some will be active, but still unable to drive, while some may have cars and be able to drive. Based on the data provided by the applicant for their other facilities, the average number of parking spaces typically provided is 2.4 spaces per bed. The applicant’s recent facility in Modesto is providing 2.1 spaces per bed. This facility in Ceres is providing more spaces than the average facility at 3 spa ces per bed. It is important that the Council and surrounding neighborhood understand that this use is not going to be a use like an apartment complex where there could be two or even three cars per unit. There will be staff vehicles on site, which will use the extra 6 spaces provided. Family members will come and go and use spaces when they are there visiting family members. The remainder of the spaces will be for the few residents that retain a car on site when they move into the facility. Visitors are not allowed to stay overnight, so there will be no overnight parking on site or spill over into the neighborhood.

The proposed project also adheres to the landscaping requirements of the R -5 zoning district. There is a landscape buffer along the edges of the property, shielding neighbors from any perceived viewshed issues. The front is appropriately landscaped, crea ting an attractive end to Stone Haven Way, which has previously just been a vacant, overgrown area. The fencing meets the R -5 standards, and most importantly, the fire access has been reviewed and approved by the Fire Department.

State Density Bonus Law
Per State Density Bonus law, a city shall grant a density bonus for a 100% senior housing development. As a total senior living project, the applicant has requested a density bonus for the addition of 18 units above the allowed 63 units (28% bonus). The ability to have a density bonus is not an issue the Council may debate. If the project meets the parameters under state law, the bonus is granted. Mentioning the bonus is to provide context for the increased density of the project.

These waivers and concessions are necessary to ensure the project can be built at the proposed density. Having these units constructed in the City are vital, and making small concessions or waivers for the greater good of the project is something that the State has deemed necessary.

In this instance, the applicant requested only one waiver, meaning this item will help the project be built at the proposed density. This waiver is an increase in height. In the R -5 zoning district, the maximum height is three stories or 40 feet, whicheve r is less. The proposed project is four stories and fifty feet in height. Staff is aware that a taller building can be imposing on a neighborhood. However, the applicant has worked with staff to site ITEM 7
the project as considerately as possible. There are only two residential backyards immediately impacted by the height of the structure, given the structure’s location on the site. The applicant provided a generous landscaped screen along the western edge where the two rear yards are located. The Stanislaus County Behavioral Health campus is to the south of the project site where there are no residential uses, and the front of the project (east boundary) faces Stone Haven way and is over 50 feet away from the nearest residential property, which significantly minimizes the look and feel of the building’s height. The robust landscaping plan is shown in Attachment E, Approved Plans.

Community Meeting
The applicant held a community meeting for the surrounding neighborhood on February 11, 2025 at 5:30 p.m. at the Evanshire Gardens Event Center, located on the project site.

Only two members of the public attended the meeting. One expressed support for th e project, and the other was not supportive of the project. No changes were proposed by the community other than to not have the project constructed. Concerns over access to Stone Haven Way were expressed. The project has frontage adjacent to Stone Have n Way and access to the site is allowed by right. As such, no changes were proposed to the site plan.

Based on the facts presented in this staff report, the proposed senior living facility is an allowable use in the HDR land use designation and is supported by multiple General Plan goals and policies.

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:

The applicant held a community meeting on February 11, 2025 at 5:30 p.m. at the Evanshire Gardens Event Center. Two members of the public attended. One member was supportive of the project while the other was not. Concerns were expressed about access to Stone Haven Way. The project has frontage on Stone Haven Way, making access from the street legal and acceptable. No changes were made to the project based on the community meeting.

ITEM 7
VIII. ENVIRONMENTAL REVIEW:

The project is exempt per CEQA Section 15332 In-Fill Development Projects in that the project is consistent with the General Plan; the development is within City limits; the project has no value as habitat for endangered, rare or threatened species; the approval of the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

IX. STEPS FOLLOWING APPROVAL:

If approved, the zone change will take effect 30 days after the second reading. The Site Plan approval is effective immediately after the second reading on May 12, 2025.

Approved by: ___________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Ordinance

2. Attachment B – Exhibit A to Ordinance: Zoning Change Map

3. Attachment C – Resolution 2025-034

4. Attachment D – Project Plans

5. Attachment E – Planning Commission Staff Report
ITEM 7
ITEM 7

ATTACHMENT A

ORDINANCE NO. 2025-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES, ADOPTING A

REZONE TO CHANGE THE ZONING MAP DESIGNATION FROM THE AP ADMINISTRATIVE PROFESSIONAL ZONING DISTRICT TO THE R-5 MULTI-FAMILY RESIDENTIAL ZONING DISTRICT FOR A 2.1-ACRE SITE

WHEREAS, the City Council of the City of Ceres, State of California, has considered said application proposing a Rezone to change the zoning designation from AP Administrative Professional to R-5 Multi-Family Residential for a 2.1-acre portion of a property located at 1748 Evans Road, Ceres, CA 95357 (APN: 040-009-006); and WHEREAS, the Planning Commission held a duly noticed public hearing on April 7, 2025, at 6:00 p.m. and by a 4-0 vote, recommended the City Council approve the Rezone; and

WHEREAS, the City Council held a duly noticed public hearing on April 28, 2025, at 6:00 p.m. and considered all testimony and comments presented whether orally or in writing for the Introduction and First Reading; and,

WHEREAS, the project is exempt per CEQA Section 15332 In -Fill Development Projects in that the project is consistent with the General Plan; the development is within City limits; the project has no value as habitat for endangered, rare or threatened species; the approval of the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services; and

WHEREAS, the City Council based on the evidence within the staff report and project file find that the proposed Rezone is consistent with the purpose and intent of the General Plan; the proposed Rezone is consistent with the existing HDR High Density Residential Land Use designation; and the proposed Rezone will have no adverse effect on surrounding properties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CERES ORDAINS AS FOLLOWS:

SECTION 1. A 2.1-acre portion of the property located at 1748 Evans Road (APN: 040 - 009-006) will be Rezoned from AP Administrative Professional to R -5 Multi -Family Residential as noted on the Zoning Map Plan attached as Exhibit A to this Ordinance.

SECTION 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions the reof and shall continue to be in full force and effect.

ITEM 7

ATTACHMENT A

SECTION 3 . Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

This Ordinance was introduced at a regular meeting of the City Council held on the 28th day of April 2025, and passed and adopted as Ordinance No. 2025 -XXXX at a regular meeting of the City Council held on the 12th day of May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

___________________________________
Javier Lopez, Mayor
ATTEST:

________________________________
Fallon Martin, City Clerk

APPROVED AS TO FORM:

_______________________________
Nubia I. Goldstein, City Attorney

Attachments:

1. Exhibit A – Zoning Map
ITEM 7

ATTACHMENT B

EXHIBIT A
Rezoning 25-04
1748 Evans Road, Ceres, CA 95307
AP Administrative Professional to R-5 Multi-Family Residential Existing Proposed
ITEM 7
ITEM 7

ATTACHMENT C
ITEM 7

TABLE OF CONTENTSDIRECTORY VICINITY MAPPROJECT DESCRIPTION Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:03:29 PM 01.21.25 A0

COVER SHEET

EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

ARCHITECTURAL

COVER SHEET

EXISTING SITE PLAN

PROPOSED OVERALL SITE PLAN

PROPOSED SITE PLAN

GRADE LEVEL PLAN

SECOND LEVEL PLAN

THIRD LEVEL PLAN

FOURTH LEVEL PLAN

ELEVATIONS

LINE OF SIGHT

EXISTING SITE PHOTOS

COLOR & MATERIALS & SIGN
A0
A1
A2
A3
A4
A5
A6
A7
A8
A9
A10
A11
A12
A13

ARCHITECT
OWNER

FCGA ARCHITECTURE
301 HARTZ AVE, SUITE 213
DANVILLE, CA 94526
CONTACT: GALEN GRANT
EMAIL: [email protected]
PHONE: 925.678.2030

EVANSHIRE GARDENS SENIOR

LIVING CENTER LLC
P.O. BOX 577500
MODESTO, CA 95357
CONTACT: DICK SARGON
EMAIL: [email protected]
PHONE: 925.413.8725
NEW FOUR STORY ± 81 ROOM FULL

SERVICE ASSISTED LIVING FACILITY
ON A ± 92,889 SF (2.1-ACRE), SITE.

PROJECT DESCRIPTION
SITE

LOCATION

LANDSCAPE ARCHITECT

BORRECCO/ KILIAN & ASSOCIATES, INC
1241 PINE STREET
MARTINEZ, CA 94553
CONTACT: KIRSTEN FLYNN
EMAIL: [email protected]
PHONE: 925.372.5306

LANDSCAPE
PRELIMINARY LANDSCAPE PLANL-1

ATTACHMENT D
ITEM 7
N

EXISTING

MAINTANANCE
ROAD

PROPERTY
LINE, TYP.

EXISTING

EVANSHIRE

GARDENS

BUILDINGS

EXISTING

EVANSHIRE

GARDENS POOL

EXISTING

SINGLE FAMILY

RESIDENCES,
TYP.

EXISTING

SINGLE FAMILY

RESIDENCES,
TYP.

EXISTING

STANISLAUS
COUNTY

OFFICES

EXISTING TENT

EL MONTE AVE STONE
CRESS
COURT

EVANS ROAD
(E) WOOD
FENCE

EXISTING GATE
(E) FENCE
(E) WOOD
FENCE
(E) FENCE
(E) ROW

OF TREES
(E) ROW
TRESS

SUBJECT SITE
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:03:37 PM 1" = 40'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A1

EXISTING SITE PLAN

STONEHAVEN
WAY

ATTACHMENT D
ITEM 7
N

PROPOSED

PROPERTY LINE

EXISTING

MAINTANANCE
ROADNEW 35'

EASEMENT

PROPERTY
LINE, TYP.

EXISTING

EVANSHIRE

GARDENS

BUILDINGS

EXISTING

MAINTANANCE
ROAD
TO BE

RELOCATED

EXISTING

EVANSHIRE

GARDENS POOL

EXISTING

SINGLE FAMILY

RESIDENCES,
TYP.

EXISTING

SINGLE FAMILY

RESIDENCES,
TYP.

EXISTING

STANISLAUS
COUNTY

OFFICES

EXISTING TENT

EL MONTE AVE STONE
CRESS
COURT

EVANS ROAD
26' FIRE/ SERVICE LANE

SERVICE
(N) 20' WIDE AC

ROAD ENTERING

FROM EVANS
ROAD (75,000 LB
MAX)

NEW ASSISTED

LIVING FACILITY
COURTYARD49'-2"
46'-10"
51'-0"
92'-9"
96'-4"
89'-8"
30'-0"
58'-7"
NOTE:

ALL DIMENSIONS

ARE APPROXIMATE
14'-2"
36'-8"
612'-10"
373'-7"
224'-10"
108'-8"
146'-0"
90'-0"

EXISTING GATE
(N) GATE &
KNOX

KEY SWITCH (E) FENCE
(E) WOOD
FENCE
(E) FENCE

FENCE AT

COURTYARD
..
134'-2"
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:03:23 PM 1" = 40'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A2

PROPOSED OVERALL SITE PLAN
LEGEND
NAME OF PROJECT: EVANSHIRE GARDENS SENIOR LIVING
PROJECT ADDRESS: 1748 EVANS ROAD, CERES, CA 95307
APN: 040-009-006-000
CURRENT ZONING: A-P ADMINISTRATIVE PROFESSIONAL
PROPOSED LAND USE: RESIDENTIAL
SF/ACREAGE OF SITE: 92,889 SF/ 2.1 ACRES
SF OF PROPOSED BLDG AREA: ± 71,680 SF
LOT (BLDG) COVERAGE: ± 20,873 SF
LANDSCAPE COVERAGE: ± 17,330 SF

STONEHAVEN
WAY

ATTACHMENT D
ITEM 7
N

PROPERTY
LINE, TYP.
26FT WIDE FIRE

ACCESS RAOD

ENTERING FROM

STONE HAVEN
WAY

COURTYARD
WATER

FOUNTAIN

SERVICE
26' FIRE/ SERVICE LANE

STONEHAVEN
WAY
UPPER
FLOOR

BALCONIES,
TYP.

NEW BUILDING

FENCE AT

COURTYARD

TRASH & SERVICE
AREA
30 6
NEW

EASEMENT
T
WATER

FOUNTAIN GARDEN PAVERS
20FT FIRE

ACCESS ROAD

ENTERING

FROM EVANS
ROAD

PROPOSED

PROPERTY LINE
49'-2"
10'-2"
6'-0"
26'-0"
6'-0"
6'-0"
26'-0"
6'-0"
12'-0"
51'-0"
19'-0" 26'-0" 17'-0"
6'-0"
6'-0"
17'-8"
92'-8"
30'-0"
GARDEN
14'-2"
36'-8"
46'-10"
89'-8"
NO

PARKING
NO

PARKING
58'-7"
LEGEND
BOLLARD LT.

PARKING LOT LT.
(W/SHARP CUT- OFF)
PEDESTRIA LT (10')
A
B
A A
A
A
A A A
A
A
AA
A

EV CHARGING
ONLY
(FUTURE EV)
B
B
B
B B B
B
A
A
A
A

COMPACT

PARKING
16'-0" 20'-0"
9'-0"
8'-0"

LANDSCAPE
AREAS S.L.D.

MONUMENT

SIGN, SEE
SHEET A13
28' R
28' R 28' R
28' R
28 ' R
VAN

EV CHARGING
ONLY
(FUTURE EV)(FUTURE EV)(FUTURE EV)(FUTURE EV)(FUTURE EV) F:\Shared\Projects\Active Projects\Assyrian Apostolic Church 24488 Ceres\07 Design Documents\7.1 Architect Drawings Current\7.1.3 Revit\.5 Archive\25-0224\Assyrian Assisted Living.rvt 3/19/2025 4:29:27 PM 1/16" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC 1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A3

PROPOSED SITE PLAN

PARKING DATA
PARKING COUNT AS FOLLOW:
1 PER 3 BED

TOTAL PARKING REQUIRED
89 RESIDENTS / 3 = 29.6 = 30
30 STALLS
30 STALLS
TOTAL PARKING PROVIDED 36 STALLS

ACCESSIBLE VEHICLE PARKING
SPACES:
2 TOTAL (1 VAN AND 1

STANDARD)

PARKING DATA

ELECTRICAL VEHICLE PARKING
SPACES:

EV CAPABLE SPACES: 8 TOTAL
(6 NET, FUTURE, AFTER

SUBTRACTING BELOW)
EVCS SPACES: 2 TOTAL
(INCLUDING 1 VAN ACCESSIBLE)

ATTACHMENT D
ITEM 7
1BR 1BR 1BR
1BR 1BR

KITCHEN

DINING RM
LOBBY

COURTYARD

ACTIVITY RM

W/ BISTRO
535 SF
1BR
1BR
1BR 1BR
S
BREAKMAN.

OFF.

RR
STO.

MAIL

CHECK IN
ELEV
ELEV
EQ.

SUN
ROOM
825 SF

LAUNDRY
2 BR

ELEV ELEV
MECH
S
S
SS
N
333 SF
ELEC
RM
NURSE
OFF
WORK
RR
RR
OFF.

UP
UP
RR
RR

PRIVATE
DINING
BREAK
MECH/
JAN

FOUNTAIN
BENCHES TYP.

OF 4
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:02:39 PM 1/8" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A4

GRADE LEVEL PLAN

UNIT TYPE

GRADE LEVEL

SECOND LEVEL

THIRD LEVEL

TOTAL UNIT COUNT
STUDIO 1 BR 2 BR
5 7
9 81
9 10
12 1
1 3
FOURTH LEVEL 9 12 3

RESIDENTS
16 19
27 89
27 15
UNITS
18 24
24 GRADE LEVEL- FLOOR AREA

SECOND LEVEL- FLOOR AREA

THIRD LEVEL- FLOOR AREA

TOTAL FLOOR AREA
20,873 sf
14,041 sf
18,383 sf
71,680 sf
FOURTH LEVEL- FLOOR AREA 18,383 sf

ATTACHMENT D
ITEM 7
1BR 1BR
1BR 1BR
1BR 1BR 1BR
SUN
ROOM
N
SALON

OPEN TO

ACTIVITY

ROOM BELOW
1BR

SLOPING

ROOF OVER

OFFICES BELOW

OPEN TO

LOBBY BELOW
2BR

OPEN TO

KITCHEN BELOW

OPEN TO

DINING RM
S
S
SS S
1BR
RRELEV

DECK DECK DECK DECK DECK DECK DECK DECK DECK
DECK

DECK DECKDECK
DECK
S
S
1BR
DECK

RAILING
UP
DN UP
LOUNGE
JAN/STO.

LIBRARY/
GAME RM.

ELEV
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:02:46 PM 1/8" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A5

SECOND LEVEL PLAN

UNIT TYPE

SECOND LEVEL
STUDIO 1 BR 2 BR
7 10 1

RESIDENTS
19 TOTAL
18 ATTACHMENT D
ITEM 7
1BR 1BR 1BR
1BR 1BR
1BR 1BR 1BR
1BR LOUNGE
2BR
SUN
ROOM

SLOPING
ROOF
SSS
S
S
N
RR
ELEV

DECK DECK DECK DECK DECK DECK DECK DECK DECK
DECK
DECK

DECKDECK
2BR
2BR
JAN/
STOR
DECK
DECK
DECK
S
S
1BR
S
1BR
DECKS
DECK
UP
DN UP
ELEVS
1BR
CANOPY
BELOW
ELEV
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:02:53 PM 1/8" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A6

THIRD LEVEL PLAN
UNIT COUNT STUDIO 1 BR 2 BR RESIDENTSTOTAL
THIRD LEVEL 9 12 3 2724

ATTACHMENT D
ITEM 7
1BR 1BR 1BR
1BR 1BR
1BR 1BR 1BR
1BR

INVERTER

RM/ STO/
JAN
2BR
SUN
ROOM

SLOPING
ROOF
BELOW
ROOF
DECK
BELOW
S
S
SS S
N

DECK DECK DECK DECK DECK DECK DECK DECK DECK
DECK
DECK

DECK DECK
RR
ELEVS
S
1BR
2BR
2BR
DECK
S
S
1BR
DECK
S
1BR
DECKS
BELOW
DN
UP
JAN/

STORELEV
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:02:59 PM 1/8" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A7

FOURTH LEVEL PLAN
UNIT COUNT STUDIO 1 BR 2 BR RESIDENTSTOTAL
FOURTH LEVEL 9 12 3 2724

ATTACHMENT D
ITEM 7
± 50'-0"
± 52'-0"
M1 W1W2P1 P2 P3P3 P3P3P2 M1P4P2 W1
± 50'-0"
± 60'-0"
P1P2P3 P2 P1 P3 P2 P2P1 P3 P2 P2P1 P3 P2P1 P3 P1 P3P2M1W1W1 W1 Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:03:07 PM 1/8" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A8

ELEVATIONS
1/8" = 1'-0"1 FRONT ELEVATION
1/8" = 1'-0"2 SOUTH ELEVATION

ATTACHMENT D
ITEM 7
± 50'-0"
P1 P2 P3 P1 P2 P3 P1 P2 P3P2 W1 P1 P2P3W2 W2W1
± 50'-0"
± 60'-0"
P2 W1 M1 W2 W1 P1 P2 P3 P2M1 W1 P2 P1 P2 P3
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:03:16 PM 1/8" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A9

ELEVATIONS
1/8" = 1'-0"1 WEST ELEVATION
1/8" = 1'-0"2 NORTH ELEVATION

ATTACHMENT D
ITEM 7
± 60'-0"
± 50'-0"
P2 W1 W2 P2P3 W2 P1 P2 P3
± 50'-0"
P1P2P3 P2 P1 P2P2W2 W1 W1
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:03:45 PM 1/8" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A10

ELEVATIONS
1/8" = 1'-0"1 COURTYARD- ACTIVITY RM
1/8" = 1'-0"2 COURTYARD- DINING RM

ATTACHMENT D
ITEM 7

PROPOSED TREES TO
PROVIDE SCREENING, S.L.D.

Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:04:31 PM 1/4" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A11

LINE OF SIGHT

ATTACHMENT D
ITEM 7
N
1 23
4 5 6
7 8
9 10
11 12
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:04:58 PM 1" = 80'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A12

EXISTING SITE PHOTOS
1" = 80'-0"1 KEY NOTE PLAN
12 34
56 78
9 10 11
12 ATTACHMENT D
ITEM 7
6'-0"
2'-6"
8'-0"
4'-0" 1'-6"
1'-6"
M2 P2P3
Autodesk Docs://Assyrian Apostolic Church - Ceres/Assyrian Assisted Living.rvt1/21/2025 4:05:06 PM 1/2" = 1'-0"EVANSHIRE GARDENS SENIOR LIVING CENTER LLC
1748 EVANS ROAD, CERES, CA 95307

EVANSHIRE GARDENS SENIOR LIVING CENTER

01.21.25 A13

COLOR & MATERIALS & SIGN
M1: LIGHTWEIGHT CONCRETE TILE
MANUFACTURER: EAGLE
MODEL: 3605 SAN BENITO BLEND
PROFILE: CAPISTRANO
P2: CEMENT PLASTER
MANUFACTURER: SHERWIN WILLIAMS
COLOR: SW 6143 BASKET BEIGE
P1: PAINT
MANUFACTURER: SHERWIN WILLIAMS
COLOR: SW 7006 EXTRA WHITE
P3: CEMENT PLASTER
MANUFACTURER: SHERWIN WILLIAMS
COLOR: SW 9174 MOTH WING
P4: PAINT (ENTRANCE DOOR)
MANUFACURER: SHERWIN WILLIAMS
COLOR: SW 0041 DARD HUNTER GREEN
W1: VINYL WINDOW
MANUFACTURER: INTEGRITY
COLOR: PEBBLE GRAY
W2: STOREFRONT
MANUFACTURER: KAWNEER
COLOR: BLACK ALUMINUM ANODIZED
1/2" = 1'-0"1 MONUMENT SIGN
M2: TILE (FOUNTAIN)
MANUFACTURER: DALTILE
MODEL: IMAGICA COSMO IG96

UNPOLISHED
L2: PARKING LOT LIGHT
COLOR: BLACK
L1: BOLLARD LIGHT
COLOR: BLACK
L3: PEDESTRIAN LIGHT
COLOR: BLACK

ATTACHMENT D
ITEM 7

ATTACHMENT D
ITEM 7
ITEM 7

ATTACHMENT E

ME
ETING DATE: April 7, 2025
PRO
JECT NAME: Evanshire Gardens Senior Living Center
APP
LICATION NUMBER: 25-04 Rezoning
25-05 Site Plan Approval
RECO
MMENDATION:

St
aff recommends that the Planning Commission recommend to the City Council the following:

1. Fi
nd the project exempt from CEQA per Section 15332 In- Fill Development Projects; and

2. Approve a Rezoning of the project site from AP Administrative Professional Zoning District to the R-5 High Density Multiple-Family Residential Zoning District; and

3. Approve the project Site Plan Approval application for a 81-unit senior living facility.

PROJECT INFORMATION
Applicant Evanshire Gardens Senior Living Center, LLC
Property Owner Evanshire Gardens Senior Living Center, LLC Property Address and APN 1748 Evans Road
APN: 040-009-006
Existing General Plan Designation HDR High Density Residential Existing Zoning District: AP Administrative Professional Proposed Zoning District: R-5 Multiple-Family Residential Zoning District Existing Use: Evanshire Gardens Event Center and vacant land Proposed Use: Senior Living Center
Parcel Size Current Acreage: 5 acres
Future Acreage: 2.1 acres
Adjacent Uses: North: Residential
South: Commercial- County Behavioral Health
East: Residential
West: Residentia
CEQA Determination Exempt Per CEQA Section 15332
City of Ceres Planning Commission

AGENDA REPORT
ITEM 7

ATTACHMENT E

PROJECT LOCATION & DESCRIPTION
Thi
s project is a Site Plan Approval and Rezoning of a 2.1 acre site for the development of a four-story, 81-unit senior living facility that will be located behind Evanshire Gardens Event Center located at 1748 Evans Road. Figure 1 below identifies the project site in the rear of the parcel. The access for the project site will be off Stone Haven Way, with an Emergency Vehicle Access point from Evans Road. After the applicant has secured project approval, the applicant will file a Tentative Map to subdivide the parcel to separate the two uses.

Figure 1: Project Site
The project’s current zoning district designation is AP Administrative Professional.

However, the site’s General Plan designation is HDR High Density Residential. It is not common for the zoning district and land use designation to not match. As such, the applicant is seeking a rezone of the rear two acres of the property to match the existing land use designation. Since Evanshire Gardens is an active event center, the applicant is choosing to leave the zoning designation on the other three acres as AP Administrative Professional.

The pr
oject is invoking State Density Bonus law given that the project is a 100% senior living project that will be age restricted. Under State Density Bonus law, the applicant is able to increase their allowable unit count by 35%. The applicant is also able to use ITEM 7

ATTACHMENT E
w
aivers to reduce or modify a development standard when the reduction or modification of a standard would otherwise physically preclude the construction of the project. In this instance, the project applicant is waiving the current R-5 height restriction. This information is discussed in detail below.

PROJECT ANALYSIS
The pr
oposed Rezone and Site Plan approval has been analyzed with respect to conformance with:

1. Cer
es General Plan

2. Ceres Municipal Code

3. Community Outreach

4. California Environmental Quality Act (CEQA)
GE

NERAL PLAN CONFORMANCE
The
project site has a General Plan land use designation of HDR High Density Residential. The HDR land use designation supports a senior living facility such as the proposed project. The allowable density of a project in HDR is 20-30 dwelling units per acre. At 81 units, the density calculation is 38.5 dwelling units per acre. As such, the project exceeds the allowable density per acre allotment. However, under State Density Bonus Law (Government Code Section 65915), a 100% senior living project is entitled to a 35% density bonus on the allowable units. The maximum allowable units on the site without the bonus is 63 units. With a 35% bonus, the 81 units is within the allowable density bonus range. It is important to note that if the entire five acres developed as a housing project, as it could given the General Plan designation, the applicant could have proposed up to 150 units on site. With a 35 percent density bonus, the number of units could have been 203 units. While a larger senior project would have been great for the City, it’s still exciting to be able to have new senior units in the City and still keep an active business in town. The dual use of the site is essentially a form of horizontal mixed use that benefits the City as whole by providing jobs and residential units all on one parcel.

The f
ollowing goals and policies are just a few goals and policies that support the approval of this project:

1. Senior Housing Goals and Policies
Po
licy 2.A.6 Range of Housing. Ensure that a range of residential densities and housing types, including small-lot single family, move-up, townhouses, apartments, accessory dwelling units, affordable housing, senior housing, and condominiums, is available to accommodate the housing needs of all residents.

Po
licy 5.D.3 Aging in Place. Provide programs and services that allow seniors to “age in place” in their homes and encourage the development of senior housing and assisted living services throughout the City, especially ITEM 7

ATTACHMENT E
i
n walkable areas well-served by transit and close to commercial goods and services.

Implementation Action 2.4 Establish incentives, potentially including, but not limited to, density bonuses, increased height limits, reduced parking requirements, expedited review, and development fee waivers or deferrals, to encourage the development of affordable, special needs, and senior housing.

Analysis: The proposed project helps the City meet the growing demand for senior housing in the City and Stanislaus County as a whole. C ities with a growing senior population need to ensure they have adequate housing option to meet the needs of older adults. This helps ensure that seniors can age in place, which is a General Plan goal as noted above. A community is not a complete community without all age brackets included. By providing senior housing within Ceres, the City will be able to keep a valuable sector of their community in town.

The General Plan Implementation Action 2.4 was speci fically a dded to help spur senior housing in throughout the City. The project is using a density bonus to reach a viable number of units to make the project pencil, and the project is implementing an increase in height so that the project can actually be developed.

2. Infill Development Goals and Policies
Goa
l 2.D. Promote infill development to protect farmland; enhance community character; optimize City investment in infrastructure; provide pedestrian and bicycle friendly neighborhoods; and enhance economic vitality.

Pol
icy 2.D.1. Promote Infill. Promote infill development and reuse of underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites on the periphery.

Anal
ysis: Supporting infill development, development that occurs within existing urban areas, can play a crucial role in fostering the efficient use of existing infrastructure, provides environmental benefits, and improves housing availability. This project is being built behind the existing Evanshire Gardens Event Center, and adjacent to an existing neighborhood, which means the project will make use of existing infrastructure such as roads and utilities. Rather than building on a new site that will need to have services extended to it, this site will be able to avoid the unnecessary expansion and extension of infrastructure and services. Infill development also minimizes the need to encroach on undeveloped natural areas, farmland, and wildlife habitats. Infill projects also promote sustainability as they include higher-density buildings, which can help reduce a city’s overall carbon footprint. Infill also promotes housing availability by utilizing a vacant or underused piece of land that now can provided much needed housing to an aging population.

ITEM 7

ATTACHMENT E
Based on the above goals, staff bel ieve that the proposed project is supported by t he General Plan.

ZONING CODE CONFORMANCE
T
he project site is zoned AP Administrative Professional. A housing project is not permitted in the AP zoning district. As such, the applicant is proposing to rezone 2.1 acres of the project site to the R-5 Multiple-Family Residential zoning district. Given the General Plan designation for this site of HDR, it is clear that the City has int ended since at l east 2018 to have this site redevelop as a housing development site. At this time the property owners are interested in keeping the existing Evanshire Garden Event Center on site but are interested in turning a portion of the project site into the senior housing development. Once the applicant is ready to subdivide the property, the applicant will have to come back to Planning Commission for approval of the map. The applicant will submit the map to Planning Commission shortly after approval, assuming approval of the overall project by the Council.

The project meets the development standar ds of the R-5 zoning district in that the setbacks except for the height, which is discussed below in the Density Bonus section. The project also meets the required number of parking stall needed for the proposed use. The proposed number of parking stalls on site is 36. Per the Zoning Ordinance, a Residential Care Facility required 1 parking space per three beds. There will be 89 residents in this senior living facility, making the required number of parking spaces 30 stalls. It is important to note that this facility is not exactly a Residential Care facility, but it is also not a multi-family facility either, so when determining what parking ratio to use, the regular apartment requirements di
d not make sense as they were too high and did not accurate tell the story about the residents li ving in the facility. These units w ill be filled with individuals over the age of 55 who will be at varying stages of their lives. Some will be restricted to their beds and unable to drive. Some will be active, but still unable to drive, and some will still be able to drive.

Based on the data provided by the applicant for their other facilities, the average number of cars at this type of facility is XX. This accounts for those individuals who are still able to be mobile and active and can drive a vehicle. This also takes into account those that cannot.

This is not going to be a use like an apartment complex where there could be two or even three cars per unit. There will be staff vehicles on site, which will use the extra 6 spaces provided. Family members will come and go and use spaces when they are there visiting family members. The remainder of the spaces will be for the few residents that retain a car on site when they move into the facility. Visitors are not allowed to stay overnight, so there will be no overnight parking on site or spill over into the neighborhood.

The pr
oposed project also adheres to the landscaping requirements of the R-5 zoning district. There is a landscape buffer along the edges of the property, shielding neighbors from any perceived viewshed issues. The front is appropriately landscaped, creating an attractive end to Stone Haven Way, which has previously just be a vacant, overgrown area.

The fencing meets the R-5 standards, and most importantly, the fire access has been reviewed and approved by the Fire Department.

Bas
ed on these facts, the project is consistent with the R-5 Zoning district and can be supported by the Planning Commission.

ITEM 7

ATTACHMENT E
Density Bonus Law
Chapt
er 39 Density Bonus Program, of Title 18 Zoning Ordinance, of the Ceres Municipal Code identifies the parameters of allowable density bonus provisions for the City of Ceres.

This chapter was adopted to be in compliance with Government Code Sections 65915- 65918, which is the State’s Density Bonus Law section. There have been several updates to the law since the City’s municipal code update in 2020. In California, when a local density bonus law conflicts or is different from the state density bonus law, the state law prevails. Given the recent updates to state law, this density bonus analysis is based on state law.

Per
State Density Bonus law, a city shall grant a density bonus for a 100% senior housing development. As a total senior living project, the applicant has requested a density bonus for the addition of 18 units above the allowed 63 units (28% bonus). The ability to have a density bonus is not an issue that the Planning Commission may debate. If the project meets the parameters under state law, the bonus is granted. Mentioning the bonus is to provide context for the increased density of the project.

Fur
ther, once a project qualifies for a density bonus, the project is also eligible for waivers and concessions. Concessions are reductions in development standards that lead to identifiable cost reductions for the project, while waivers are reductions that are necessary to physically allow the development to proceed at the increased density. These concessions and waivers are also not negotiable items that the Commission or staff can deny. These waivers and concessions are often times necessary to ensure the project can be built at the proposed density. Having these units constructed in the City are vital, and making small concessions or waivers for the greater good of the project is something that the State has deemed necessary.

In t
his instance, the applicant has requested only one waiver, meaning this item will help the project be built at the proposed density. This waiver is an increase in height. In the R-5 zoning district, the maximum height is three stories or 40 feet, whichever is less. The proposed project is four stories and fifty feet in height. Staff is aware that a taller building can be imposing on a neighborhood. However, the applicant has worked with staff to site the project as considerately as possible. There are only two residential backyards immediately impacted by the height of the structure, given the structure’s location on the site. The applicant provided a generous landscaped screen along the western edge where the two rear yards are located. The Stanislaus County Behavioral Health campus is to the south of the project site where there are no residential uses, and the front of the project (east boundary) faces Stone Haven way and is over 50 feet away from the nearest residential property, which significantly minimizes the look and feel of the building’s height.

ITEM 7

ATTACHMENT E
The
applicant prepared a
viewshed diagram which shows
that the proposed setback of the
building and the landscaping both
create privacy between the
residential yards and the project
by shielding views of the yar and
limiting the view of the residents
at the facility to maybe a second
story window. Figure 2 shows the
perspective of a person on a
second story window looking out
into their year. The building is not
visible at ground view, and a
limited view can be seen at the
second story.

Figure 2: Viewshed
As
discussed above, the landscaping of the project adheres to the R-5 standards. It can be seen in the landscaping plan (Figure 3) that there is ample project screening on all sides that will minimize the appearance of height and of the project altogether.

Figure 3: Landscape Plan
Given the minimal impact expected by the heigh increase, and Fire’ support of the height, staff was comfortable honoring this waiver requested by the applicant.

ITEM 7

ATTACHMENT E
Zone C
hange
Per S
ection 18.32.110 a property owner may initiate a proposed zoning map amendment.

Section 18.32.120 states that the zoning map change must conform to the adopted General Plan. Based on the discussion above, staff believes that the proposed change supports the goals and policies of the General Plan and the HDR land use designation.

Assuming the Commission agrees, section 18.32.170 states that the Planning Commission shall forward on their recommendation to the City Council within 30 days after the Planning Commission hearing. This project has been scheduled to go before the City Council at the April 28, 2025 City Council meeting in order to meet this timeline.

Site Plan Approval
Per S
ection 18.04.170 a site plan, elevations, floor plans, and a landscape plan shall be submitted to the Planning Commission to enable it to make a finding that the proposed development is in conformity with both the intent and provisions of the Zoning Ordinance.

There are no specific findings that the Commission needs to make per the code, but generally, to be able to say that a project is in conformance with the Zoning Ordinance, a project should be consistent with the General Plan, consistent with the development standards of the zoning district, provide appropriate and safe circulation in and out of the site and around the site, be in compliance with the environmental quality act, and generally be a compatible use in the community.

Typi
cally the Planning Commission is the approving body for Site Plan Approvals.

However, per section 18.03.030- Responsibilities of the City Council in the Zoning Ordinance, in the event that applications for other land use permits are requested in conjunction with a rezoning, the City Council shall be the final decision- making body for the other land use permit as well. In this instance, the City Council is the decision-making body for the rezoning. As such, the Site Plan Approval will go with the rezoning to the City Council level where they will determine approval or denial. This is why the recommendation for both items is listed as a recommendation to Council.

Community Meeting
The ap
plicant also held a community meeting for the surrounding neighborhood on February 11, 2025 at 5:30 p.m. at the Evanshire Gardens Event Center, located on the project site. Only two members of the public attended the meeting. One expressed support for the project, and the other was not supportive of the project. No changes were proposed by the community other than to not have the project constructed. Concerns over access to Stone Haven Way were expressed. The project has frontage adjacent to Stone Haven Way and access to the site is allowed by right. As such, no changes were proposed to the site plan.

Based
on the facts presented in this staff report, the proposed senior living facility is an allowable use in the HDR land use designation and is supported by multiple General Plan goals and policies.

ITEM 7

ATTACHMENT E
CALIF

ORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The pr
oject is exempt per CEQA Section 15332 In- Fill Development Projects in that the project is consistent with the General Plan; the development is within City limits; the project has no value as habitat for endangered, rare or threatened species; the approval of the project will not result in any significant effects related to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services.

STAFF RECOMMENDATION
Staf
f recommends that the Planning Commission recommend to the City Council the following:

1. Find t
he project exempt from CEQA per Section 15332 In- Fill Development Projects; and

2. Approve a Rezoning of the project site from AP Administrative Professional Zoning District to the R-5 High Density Multiple-Family Residential Zoning District; and

3. Approve the project Site Plan Approval application.

Repor
t prepared by: Lea C. Simvoulakis, Community Development Director Att
achments:

1. Draf
t Resolution PC 25-XX

2. Approved Plan Set
Review
ed by:
___/s/_______________________________________ __ 03/28/05 _______ Lea C. Simvoulakis, Community Development Director Date ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, P.E., Director of Engineering / City Engineer [email protected], (209) 538-5775
SUBJECT: Resolution No. 2025-XXX, Approving Master Service Agreements for City Surveyor Service, Authorizing a Budget Amendment, and Authorizing the City Manager to Execute the Agreements
RECOMMENDED COUNCIL ACTION:

Staff recommends Council adopt a resolution approving Master Service Agreement with GDR Engineering Inc., Sandis, and Mid-Valley Engineering, Inc., to provide City Surveyor services.

I. BACKGROUND:

The City’s Engineering Department requires dedicated City Surveyor services to support vital development-related functions. These services are essential for processing parcel maps, lot mergers, lot line adjustments, tentative and final subdivision maps, an d other surveying needs that are fundamental to facilitating new development projects.

To meet these needs, the City must augment its internal resources with qualified consultants who can serve as City Surveyor. These consultants bring specialized expertise and capacity that are critical to advancing a wide range of development initiatives throughout the year.

In accordance with California Government Code Sections 4526–4529, the City is required to procure professional services through a Qualifications-Based Selection (QBS) process, which prioritizes demonstrated competence and professional qualifications.

Historically, the City has not had a designated City Surveyor and has instead relied on an informal, quasi on-call arrangement to carry out these functions. This contract formalizes and focuses specifically on providing professional City Surveyor services to ensure consistency, reliability, and compliance with applicable regulations.

ITEM 8
At this time, staff recommends approval of agreements with three (3) qualified consulting firms to provide the necessary City Surveyor services and support the timely delivery of development-related projects.

II. REASONS FOR RECOMMENDATION:

1. Essential to Development Processes:

City Surveyor services are critical for processing legal documents and maps (e.g., parcel maps, lot mergers, lot line adjustments, tentative and final subdivision maps) that are required for development to proceed. Without these services, development projects can be delayed or stalled.

2. Lack of In-House Resources:

The City does not currently have a staff position dedicated to the role of City Surveyor and has not had one for several years. The absence of an in-house surveyor makes it necessary to bring in qualified external consultants.

3. Specialized Expertise Required:

Surveying work requires specific professional qualifications, technical skills, and experience. Consultants selected through the Qualifications-Based Selection (QBS) process offer the needed expertise and ensure the City complies with state regulations.

4. Increased Demand Due to Project Volume:

The volume and complexity of development work throughout the City require more support than current staff can provide. These consultants will supplement City resources to ensure timely and accurate processing of development-related work.

5. Compliance with the Subdivision Map Act:

The Subdivision Map Act governs the subdivision of land in California and establishes detailed requirements for the preparation, review, and approval of parcel maps, tentative maps, and final maps. City Surveyor services are necessary to ensure that all mapping and survey work complies with the technical and legal standards set forth in the Act. Engaging qualified consultants helps the City meet its obligations under this state law and maintain the integrity of the land development process.

6. Formalization of Services:

Moving from an informal, quasi on-call system to a formal contract structure for City Surveyor services improves accountability, consistency, and service quality.

These reasons justify the need to enter into formal agreements with qualified consultants and explain why the City is prioritizing City Surveyor services at this time.

III. FISCAL IMPACTS:

To fund the proposed City Surveyor services for the remainder of the fiscal year, staff recommends an appropriation of $50,000 from the General Fund to the Engineering Department’s Contract Services account (10019.029900). This appropriation is necessary to cover consultant costs associated with development-related surveying work.

The Engineering Department has generated sufficient revenue to support this request.

Year-to-date revenues total $128,140 , which is $68,140 above what was budgeted , received as follows:

ITEM 8
• $99,938 into account 10019.002330
• $18,840 into account 10019.006732
• $9,362 into account 10019.006751
The requested appropriation ensures the City can compensate consultants for services already performed and continue to support ongoing and upcoming development projects.

There is no net impact to the General Fund beyond the reallocation of already -realized revenues.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with Goals one (1) through four (4) 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. 2) Livable community: Create a vibrant, safe, attractive, and walkable community that maintains a small -town feel, with parks, trails, shopping, entertainment and other desirable amenities.
3) Economic development: Proactively recruit and attract businesses to Ceres in order to add to the quality of life and enhance the fiscal base of the community. 4) Planning for the Future: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLICY ALTERNATIVES:

1. Council can choose to reject the contracts and direct staff to use a different process to hire consultants.

VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department.

VII. PUBLIC PARTICIPATION:

There were no outreach meetings for this funding.

VIII. ENVIRONMENTAL REVIEW:

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

IX. STEPS FOLLOWING APPROVAL:

The City manager will execute the Master Services Agreements.

Approved by: _____________________
Douglas D. Dunford,
City Manager
ITEM 8
Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Agreement

ITEM 8

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING MASTER SERVICE AGREEMENTS FOR CITY SURVEYOR SERVICE,

AUTHORIZING A BUDGET AMENDMENT, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENTS

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres requires dedicated City Surveyor services to support vital development-related functions; and

WHEREAS, consultants bring specialized expertise and capacity that are critical to advancing a wide range of development initiatives throughout the year.; and

WHEREAS, responses to a Request for Statements of Qualifications were received on April 11, 2025; and

WHEREAS, based on the Statements of Qualifications received, GDR Engineering Inc., Sandis, and Mid-Valley Engineering, Inc., will provide City Surveyor services; and

WHEREAS, the City Engineer will negotiate with the consultants the scope of services of individual services and amend the Master Services Agreement to include the service specific details; and

WHEREAS, a budget appropriation of $50,000 is needed from the General Fund to the Engineering Department’s contract services account (10019.029900); and

WHEREAS, the Engineering Department has generated sufficient revenue to support this request. Year-to-date revenues total $68,140 above what was budgeted; and

WHEREAS, the requested appropriation ensures the City can compensate consultants for services already performed and continue to support ongoing and upcoming development projects; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve Master Service Agreements for City Surveyor Service, authorizes a budget amendment, and authorizes the City Manager to execute the agreements.

ITEM 8

ATTACHMENT A
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 12th day of May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

__________________________
Javier Lopez, Mayor

ATTEST:

_____________________________
Fallon Martin, City Clerk

ITEM 8
Budget Amendment No.

Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:

Appropriations:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:

ITEM 8
ITEM 8
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MASTER AGREEMENT FOR
PR

OFESSIONAL CONSULTANT SERVICES FOR

NON-FEDERAL PROJECTS
THIS AGREEMENT is made this _____ day of ____________, 2025, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and GDR ENGINEERING, INC., a professional consulting firm, hereinafter referred to as "CONSULTANT".

RECITALS:

A. CITY has completed a Request for Qualifications (RFQ) process to select qualified professional consulting firms to perform services for the CITY on an as needed basis for various City Surveyor Services.

B. CONSULTANT was one of the professional consulting firms selected by the CITY.

1. TERM
The term of this Master Agreement shall commence upon its execution by the parties and shall expire on June 30, 2028. If the Master Agreement is not extended, the terms and conditions of the Master Agreement will stay in effect until the satisfactory completion of the services as agreed to in the specific Project Agreements as further delineated herein.

2. AWARD OF PROJECTS
During the term of this Master Agreement, and any extension thereof, the CITY will from time-to-time submit a preliminary scope of services for selected services to one or more of the consulting firms selected to contract with the CITY.

CONSULTANT will, as requested by the City Engineer, submit a scope of services, schedule and price for the project. The City Engineer will make the final determination regarding the award of the project and CONSULTANT will, within five (5) days of the

ATTACHMENT C
ITEM 8

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Notice of Award, execute and deliver to the CITY the Project Agreement in the form s
hown on ATTACHMENT 1.

3. COMPLIANCE WITH LAW
CONSULTANT shall use due professional care to provide that services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

Should the CITY discover a violation of any of the applicable ordinances, resolutions, statutes, rules or regulations referred to in this paragraph 2, the CITY shall give written notice of such violation to CONSULTANT, and CONSULTANT shall have a reasonable time to cure such violation.

Should a conflict arise between any of the various ordinances, resolutions, statutes, rules and regulations, CONSULTANT shall advise the CITY of such conflict, and the parties shall mutually agree upon a resolution of such conflicts.

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

5. FAMILIARITY WITH WORK
By executing this Master Agreement, CONSULTANT agrees that with regard to any Project Agreement, the CONSULTANT: (a) will investigate and consider the scope of services to be performed; (b) carefully consider how the services should be

ATTACHMENT C
ITEM 8

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performed; and, (c) fully understand the facilities, difficulties, and restrictions attending p
erformance of the services of any project for which a proposal is requested. If services involve work upon any site, CONSULTANT will investigate the site and will be fully acquainted with the conditions that exist prior to commencement of services on the project. Should the CONSULTANT discover any latent or unknown conditions which will materially affect the performance of the services on the project, CONSULTANT will immediately inform the CITY of such fact and shall not proceed except at CONSULTANT’S risk until written instructions are received from the Contract Officer.

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

7. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSULTANT, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSULTANT. It is expressly understood by CONSULTANT that the provisions of this section shall not apply to services specifically set forth in the Scope of Services for any Project Agreement or reasonably contemplated therein. CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services for any Project Agreement may be more costly or time consuming

ATTACHMENT C
ITEM 8

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than CONSULTANT anticipates and that CONSULTANT shall not be entitled to a
dditional compensation, therefore.

8. TERM OF PROJECT AGREEMENT
Any Project Agreement shall be effective upon execution by both parties and will continue in effect until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Master Agreement.

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

10. PROJECT COMPENSATION
CONSULTANT agrees to accept the sum stated in the Project Agreement as full remuneration for performing all services and furnishing all staffing and materials for the work in accordance with Scope of Services contained in the Project Agreement. The total compensation paid to CONSULTANT for all projects awarded to CONSULTANT under this Master Agreement shall not exceed one-million dollars ($1,000,000) without further approval of the Ceres City Council.

For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:

CITY shall pay CONSULTANT on a not to exceed, time and materials for CONSULTANT’S actual costs for all services called for in the Scope of Services. All work to be performed shall be billed at the hourly rates provided by the CONSULTANT and attached as Exhibit “B”. CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipt for any out-of-pocket costs paid by CONSULTANT in connection

ATTACHMENT C
ITEM 8

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with work performed on the project. CONSULTANT shall be paid within thirty (30) days o
f receipt by the CITY of a properly prepared invoice.

11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.

12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.

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

14. OBLIGATIONS OF CONSULTANT
Throughout the term of this Master Agreement, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT agrees that it has all of the necessary professional

ATTACHMENT C
ITEM 8

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capabilities and experience, as well as all tools, instrumentalities, facilities and other r
esources necessary to provide CITY with the services contemplated by this Master Agreement, and any specific Project Agreement. CONSULTANT further agrees that it will reasonably follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding any project. These reviews shall be performed by senior personnel experienced in the areas necessary to perform the reviews and capable of making appropriate recommendations for modifications, as necessary.

15. PROJECT MANAGER
CONSULTANT will assign a Project Manager, who will be the person primarily responsible for the performance of the services referred to in any Project Agreement.

Said person shall not be replaced without the consent of CITY, which consent will not be unreasonably withheld.

16. CONTRACT OFFICER
The City Engineer will assign a Contract Officer for the services performed under any Project Agreement. It shall be the CONSULTANT’S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions, which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of any Project Agreement.

17. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability, and reputation of CONSULTANT, its principals, and employees were a substantial inducement for the CITY to enter into this Master Agreement. Therefore, CONSULTANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written

ATTACHMENT C
ITEM 8

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approval of the CITY. In addition, neither this agreement nor any interest herein may be t
ransferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group and/or control of CONSULTANT, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall, at CITY’s option, be void. No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.

18. OWNERSHIP OF DOCUMENTS/TITLE TO DATA

Ownership of Documents
All electronic and hard copies of reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by CONSULTANT for purposes other than this contract without the express prior written consent of CITY.

Any use of the work product for other project(s) without specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to, or reuse of, CONSULTANT’S deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT and CITY assumes full responsibility for such changes unless CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

Title to Data
If, as a part of any Project Agreement, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of final data

ATTACHMENT C
ITEM 8

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generated under this Agreement will be delivered to CITY upon the completion of the p
roject, termination of services, or when requested by City.

All materials, documents, data or information obtained from CITY data files or any CITY medium furnished to CONSULTANT in the performance of any Project Agreement will at all times remain the property of CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of any Project Agreement without written consent of CITY.

19. INTEREST OF CONSULTANT
CONSULTANT warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Master Agreement, or any Project Agreement. CONSULTANT warrants that, in performance of any Project Agreement, CONSULTANT shall not employ any person having any such interest.

CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

20. REPORTS
CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by any Project Agreement as the Contract Officer shall require. CONSULTANT thereby acknowledges that the CITY is greatly concerned about the cost of work and services to be performed pursuant to any Project Agreement. For this reason, CONSULTANT agrees that if CONSULTANT becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated therein, CONSULTANT shall promptly notify the Contract Officer of said fact, circumstance, technique or event.

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2 1. RECORDS
CONSULTANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by any Project Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall always have full and free access to such books and records during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

22. AMENDMENTS
Both parties to this Master Agreement understand that it may become desirable or necessary during the performance of any Project Agreement, for CITY or CONSULTANT to modify the scope of services provided for under any Project Agreement. Any material extension or change in the scope of services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until an amendment is so executed, CITY will not be responsible to pay any charges CONSULTANT may incur in performing such additional services, and CONSULTANT shall not be required to perform any such additional services.

23. INDEPENDENT CONTRACTOR
All acts of CONSULTANT, his agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this Master Agreement, and any Project Agreement shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSULTANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY.

CONSULTANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of

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CONSULTANT. It is understood by both CONSULTANT and CITY that this Agreement s
hall not under any circumstances be construed or considered to create an employer- employee relationship or a joint venture.

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

CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under any Project Agreement.

CONSULTANT shall be responsible to CITY only for the requirements and results specified in any Project Agreement and, except as expressly provided in any Project Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSULTANT in fulfillment of any Project Agreement.

CONSULTANT has control over the manner and means of performing the services.

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

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

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

It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

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

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

FOR CONSULTANT: Name: _____________________________

Address: ___________________________
___________________________

Attention: __________________________
Phone: ___________________________

FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia St.

Ceres, CA 95307
Attention: Michael R. Beltran II, PE,
Director of Engineering
Phone: (209) 538-5775

25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “A”.

26. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events

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Any Project Agreement shall terminate automatically on the date on which any of t
he following events occur: (1) bankruptcy or insolvency of CONSULTANT, or (2) legal dissolution of CONSULTANT, unless the CITY consents in writing to the continuation of the Project Agreement.

Termination by CITY for Default of CONSULTANT
Should CONSULTANT default in the performance of any Project Agreement or materially breach any of his provisions, at its option CITY may terminate any Project Agreement by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. Except for a material breach of any Project Agreement resulting from the CONSULTANT’S willful destruction of CITY'S property, dishonesty or theft, the CITY will give the CONSULTANT 30 days notice to correct failure to perform required services or default in performance prior to executing a written notice of termination.

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

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

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Termination for Failure to Make Agreed-Upon Payments

Should CITY fail to pay CONSULTANT all or any part of the payments set forth in any Project Agreement on the date due, at his option CONSULTANT may terminate any Project Agreement if the failure is not remedied within thirty (30) days after CONSULTANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

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

Voluntary Termination
The parties may terminate any Agreement upon mutual written Agreement.

In the Event of Termination
If any Project Agreement is terminated pursuant to this Paragraph, CONSULTANT shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT’S work on the project. Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.

If any Project Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSULTANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If any Project Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of

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CONSULTANT, CONSULTANT understands and agrees that CITY may, in CITY'S sole d
iscretion, refuse to pay CONSULTANT for that portion of CONSULTANT'S services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

27. INDEMNITY
CONSULTANT shall indemnify, defend and hold harmless CITY and its officers, officials and employees from and against all claims, damages, losses and expenses including reasonable attorney fees arising out of the performance of the work described herein, to the extent caused in whole or in part by any negligent act or omission of the CONSULTANT, or any agent or employee of the CONSULTANT, except where caused by the active negligence, sole n e
gligence, or willful misconduct of
the CITY.

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

28. PREVAILING WAGES/CERTIFIED PAYROLL REQUIREMENT
Should the performance of the services required by any Project Agreement involve the provision of field work, CONSULTANT is advised that compliance with California Labor Code Sections 1720 – 1781 regarding the payment of prevailing wages is required, including the obligation to comply with the provisions of Section 1776 of the Labor Code regarding payroll records. These provisions apply equally to the CONSULTANT and its subcontractors, and CONSULTANT shall require that its sub consultants and subcontractors comply with the Labor Code provisions.

29. RETENTION OF FUNDS
CONSULTANT hereby authorizes CITY to deduct from any amount payable to CONSULTANT (whether or not arising out of any Project Agreement): (i) any amounts the payment of which may be in dispute hereunder or which are necessary to

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compensate CITY for any losses, costs, liabilities, or damages suffered by CITY; and, (
ii) all amounts for which CITY may be liable to third parties, by reason of CONSULTANT’S acts or omissions in performing or failing to perform CONSULTANT’S obligation under any Project Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSULTANT, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of CITY to exercise such right to deduct or to withhold shall not, however, affect the obligations of the CONSULTANT to insure, indemnify, and protect CITY as elsewhere provided herein.

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

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

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32. WAIVER

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

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

CONSULTANT agrees to retain reports, records, documents, and files related to charges under any Project Agreement for a period of three (3) years following the date of final payment for CONSULTANT services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

34. GOVERNING LAW
This Master Agreement and any Project Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. The parties agree that as a condition precedent to the commencement of litigation under either the Master Agreement or any Project Agreement, they shall submit the matter to non-binding mediation administered by the American Arbitration Association under its construction industry mediation rules, unless waived by mutual stipulation of both parties. Legal actions concerning any dispute, claim, or matter arising out of or in relation to said Agreements not settled by mediation shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSULTANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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EXHIBIT “A”

NSURANCE REQUIREMENTS FOR CONSULTANTS

CONSULTANT shall procure and maintain for the duration of the contract insurance a
gainst claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.

Minimum Scope of insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

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

3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’S profession.

Minimum Limits of Insurance

CONSULTANT shall maintain limits no less than:

1. General Liability (Including operations, products and completed operations as applicable.):

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

2. Automobile Liability:

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

3. Employer’s Liability:

$2,000,000 per accident for bodily injury or disease.

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4. Errors and Omissions Liability:
$
2,000,000 per claim and aggregate.

SPECIAL SITUATIONS/CLAIMS HANDLING PROCEDURES

Deductibles and Self-Insured Retentions

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

Other Insurance Provision

The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The Entity, its officers, officials, employees, are to be covered as insured’s as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.

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

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

If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

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3. If coverage is canceled or non-renewed, and not replaced with another c
laims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “pollution” shall include microbial matter including mold.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage

CONSULTANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity’s forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.

Waiver of Subrogation

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

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

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MASTER AGREEMENT FOR

PROFESSIONAL CONSUL TANT SERVICES FOR

NON-FEDERAL PROJECTS
THIS AGREEMENT is made this __ day of _____ , 2025, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and MID VALLEY ENGINEERING, INC., a professional consulting firm, hereinafter referred to as "CONSUL TANT".

RECITALS:

B. CONSUL TANT was one of the professional consulting firms selected by the CITY.

CONSUL TANT will, as requested by the City Engineer, submit a scope of services, schedule and price for the project. The City Engineer will make the final determination regarding the award of the project and CONSUL TANT will, within five (5) days of the -1-

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Notice of Award, execute and deliver to the CITY the Project Agreement in the form shown on ATTACHMENT 1.

3. COMPLIANCE WITH LAW
CONSUL TANT shall use due professional care to provide that services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations of the CITY and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is rendered.

Should the CITY discover a violation of any of the applicable ordinances, resolutions, statutes, rules or regulations referred to in this paragraph 2, the CITY shall give written notice of such violation to CONSUL TANT, and CONSUL TANT shall have a reasonable time to cure such violation.

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

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performed; and, (c) fully understand the facilities, difficulties, and restrictions attending performance of the services of any project for which a proposal is requested. If services involve work upon any site, CONSULTANT will investigate the site and will be fully acquainted with the conditions that exist prior to commencement of services on the project. Should the CONSUL TANT discover any latent or unknown conditions which will materially affect the performance of the services on the project, CONSUL TANT will immediately inform the CITY of such fact and shall not proceed except at CONSULTANT'S risk until written instructions are received from the Contract Officer.

7. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the CONSUL TANT, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONSUL TANT. It is expressly understood by CONSUL TANT that the provisions of this section shall not apply to services specifically set forth in the Scope of Services for any Project Agreement or reasonably contemplated therein. CONSULTANT hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services for any Project Agreement may be more costly or time consuming -3-

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than CONSUL TANT anticipates and that CONSUL TANT shall not be entitled to additional compensation, therefore.

8. TERM OF PROJECT AGREEMENT
Any Project Agreement shall be effective upon execution by both parties and will continue in effect until CITY'S acceptance of and payment for all services authorized by CITY and performed by CONSUL TANT, unless terminated earlier in accordance with the provisions of the termination clause in this Master Agreement.

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

10. PROJECT COMPENSATION
CONSUL TANT agrees to accept the sum stated in the Project Agreement as full remuneration for performing all services and furnishing all staffing and materials for the work in accordance with Scope of Services contained in the Project Agreement. The total compensation paid to CONSULTANT for all projects awarded to CONSULTANT under this Master Agreement shall not exceed one-million dollars ($1,000,000) without further approval of the Ceres City Council.

For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:

CITY shall pay CONSUL TANT on a not to exceed, time and materials for CONSULTANT'S actual costs for all services called for in the Scope of Services. All work to be performed shall be billed at the hourly rates provided by the CONSUL TANT in their April 2025 Proposal in response to the City's RFQ. CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipt for any out-of-pocket costs paid by -4-

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CONSUL TANT in connection with work performed on the project. CONSUL TANT shall be paid within thirty (30) days of receipt by the CITY of a properly prepared invoice.

11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.

12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.

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

14. OBLIGATIONS OF CONSULTANT
Throughout the term of this Master Agreement, CONSUL TANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT agrees that · it has all of the necessary professional -5-

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capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the services contemplated by this Master Agreement, and any specific Project Agreement. CONSULTANT further agrees that it will reasonably follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding any project. These reviews shall be performed by senior personnel experienced in the areas necessary to perform the reviews and capable of making appropriate recommendations for modifications, as necessary.

15. PROJECT MANAGER
CONSUL TANT will assign a Project Manager, who will be the person primarily responsible for the performance of the services referred to in any Project Agreement.

Said person shall not be replaced without the consent of CITY, which consent will not be unreasonably withheld.

16. CONTRACT OFFICER
The City Engineer will assign a Contract Officer for the services performed under any Project Agreement. It shall be the CONSULTANT'S responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the CONSULTANT shall refer any decisions, which must be made by CITY to the Contract Officer. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the CITY required hereunder to carry out the terms of any Project Agreement.

17. PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT
The experience, knowledge, capability, and reputation of CONSULTANT, its principals, and employees were a substantial inducement for the CITY to enter into this Master Agreement. Therefore, CONSUL TANT shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written -6-

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approval of the CITY. In addition, neither this agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of CITY. Transfers restricted hereunder shall include the transfer to any person or group and/or control of CONSUL TANT, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall, at CITY's option, be void. No approved transfer shall release the CONSULTANT or any surety of CONSULTANT of any liability hereunder without the express consent of CITY.

18. OWNERSHIP OF DOCUMENTS/TITLE TO DATA
Ownership of Documents
All electronic and hard copies of reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by CONSUL TANT for purposes other than this contract without the express prior written consent of CITY.

Any use of the work product for other project(s) without specific written authorization from CONSUL TANT will be at CITY'S sole risk and without liability to CONSUL TANT. Further, any and all liability arising out of changes made to, or reuse of, CONSULTANT'S deliverables under this Agreement by CITY or persons other than CONSUL TANT is waived as against CONSULTANT and CITY assumes full responsibility for such changes unless CITY has given CONSUL TANT prior notice and has received from CONSULTANT written consent for such changes.

Title to Data
If, as a part of any Project Agreement, CONSUL TANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of final data -7-

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generated under this Agreement will be delivered to CITY upon the completion of the project, termination of services, or when requested by City.

All materials, documents, data or information obtained from CITY data files or any CITY medium furnished to CONSUL TANT in the performance of any Project Agreement will at all times remain the property of CITY. Such data or information may not be used or copied for direct or indirect use by CONSUL TANT after termination of any Project Agreement without written consent of CITY.

19. INTEREST OF CONSULT ANT
CONSUL TANT warrants that he/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Master Agreement, or any Project Agreement. CONSUL TANT warrants that, in performance of any Project Agreement, CONSULTANT shall not employ any person having any such interest.

CONSUL TANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

20. REPORTS
CONSULTANT shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by any Project Agreement as the Contract Officer shall require. CONSULTANT thereby acknowledges that the CITY is greatly concerned about the cost of work and services to be performed pursuant to any Project Agreement. For this reason, CONSUL TANT agrees that if CONSUL TANT becomes aware of any facts, circumstances, techniques, or events that may or ·wm materially increase or decrease the cost of the work or services contemplated therein, CONSUL TANT shall promptly notify the Contract Officer of said fact, circumstance, technique or event.
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21. RECORDS
CONSUL TANT shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by any Project Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall always have full and free access to such books and records during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

22. AMENDMENTS
Both parties to this Master Agreement understand that it may become desirable or necessary during the performance of any Project Agreement, for CITY or CONSUL TANT to modify the scope of services provided for under any Project Agreement. Any material extension or change in the scope of services shall be discussed with CITY and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

23. INDEPENDENT CONTRACTOR
All acts of CONSUL TANT, his agents, officers, and employees and all others acting on behalf of CONSUL TANT relating to the performance of this Master Agreement, and any Project Agreement shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONSUL TANT, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY.

CONSUL TANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of -9-

ATTACHMENT C
ITEM 8
CONSUL TANT. It is understood by both CONSUL TANT and CITY that this Agreement shall not under any circumstances be construed or considered to create an employer employee relationship or a joint venture.

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

CONSUL TANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under any Project Agreement.

CONSUL TANT shall be responsible to CITY only for the requirements and results specified in any Project Agreement and, except as expressly provided in any Project Agreement, shall not be subjected to CITY'S control with respect to the physical action or activities of the CONSULTANT in fulfillment of any Project Agreement.

CONSUL TANT has control over the manner and means of performing the services.

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

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

It is further understood and agreed that CONSUL TANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

ATTACHMENT C
ITEM 8
As an independent contractor, CONSUL TANT hereby indemnifies, defends and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

FOR CONSUL TANT:

FOR CITY:

Name: MVE, Inc.

Address: 1117 L Street
Modesto, CA 95354
Attention: Kirk DeLaMare, President/CEO
Phone: (209) 526-4214
Name:

Address:

Attention:

Phone:

CITY of Ceres
2220 Magnolia St.

Ceres, CA 95307
Michael R. Beltran II, PE,
Director of Engineering
(209) 538-5775

25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit "A".

26. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
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ATTACHMENT C
ITEM 8
Any Project Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of CONSUL TANT, or (2) legal dissolution of CONSUL TANT, unless the CITY consents in writing to the continuation of the Project Agreement.

Termination by CITY for Default of CONSULTANT
Should CONSUL TANT default in the performance of any Project Agreement or materially breach any of his provisions, at its option CITY may terminate any Project Agreement by giving written notification to CONSUL TANT. The termination date shall be the effective date of the notice. Except for a material breach of any Project Agreement resulting from the CONSULTANT'S willful destruction of CITY'S property, dishonesty or theft, the CITY will give the CONSULTANT 30 days notice to correct failure to perform required services or default in performance prior to executing a written notice of termination.

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

ATTACHMENT C
ITEM 8
Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONSUL TANT all or any part of the payments set forth in any Project Agreement on the date due, at his option CONSULTANT may terminate any Project Agreement if the failure is not remedied within thirty (30) days after CONSUL TANT notifies CITY in writing of such failure to pay. The termination date shall be the effective date of the notice.

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

Voluntary Termination
The parties may terminate any Agreement upon mutual written Agreement.

In the Event of Termination
If any Project Agreement is terminated pursuant to this Paragraph, CONSUL TANT shall cease all his work on the project as of the termination date and shall see to it that his employees, subcontractors and agents are notified of such termination and cease their work. If CITY so requests, and at CITY'S cost, CONSUL TANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT'S work on the project. Further, if CITY so requests, CONSULTANT shall deliver to CITY any work products whether in draft or final form which have been produced to date.

If any Project Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONSUL TANT an amount based on the percentage of work completed on the termination date, this percentage shall be determined by CITY in its sole discretion. If any Project Agreement is terminated pursuant to the subparagraph entitled Termination by CITY for Default of -13-

ATTACHMENT C
ITEM 8
CONSUL TANT, CONSUL TANT understands and agrees that CITY may, in CITY'S sole discretion, refuse to pay CONSUL TANT for that portion of CONSULTANT'S services which were performed by CONSUL TANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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

28. PREVAILING WAGES/CERTIFIED PAYROLL REQUIREMENT
Should the performance of the services required by any Project Agreement involve the provision of field work, CONSULTANT is advised that compliance with California Labor Code Sections 1720 - 1781 regarding the payment of prevailing wages is required, including the obligation to comply with the provisions of Section 1776 of the Labor Code regarding payroll records. These provisions apply equally to the CONSULTANT and its subcontractors, and CONSULTANT shall require that its sub consultants and subcontractors comply with the Labor Code provisions.

29. RETENTION OF FUNDS
CONSULTANT hereby authorizes CITY to deduct from any amount payable to CONSUL TANT (whether or not arising out of any Project Agreement): (i) any amounts the payment of which may be in dispute hereunder or which are necessary to -14-

ATTACHMENT C
ITEM 8
compensate CITY for any losses, costs, liabilities, or damages suffered by CITY; and, (ii) all amounts for which CITY may be liable to third parties, by reason of CONSULTANT'S acts or omissions in performing or failing to perform CONSULTANT'S obligation under any Project Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by CONSUL TANT, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of CITY to exercise such right to deduct or to withhold shall not, however, affect the obligations of the CONSUL TANT to insure, indemnify, and protect CITY as elsewhere provided herein.

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

ATTACHMENT C
ITEM 8

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

34. GOVERNING LAW
This Master Agreement and any Project Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. The parties agree that as a condition precedent to the commencement of litigation under either the Master Agreement or any Project Agreement, they shall submit the matter to non-binding mediation administered by the American Arbitration Association under its construction industry mediation rules, unless waived by mutual stipulation of both parties. Legal actions concerning any dispute, claim, or matter arising out of or in relation to said Agreements not settled by mediation shall be instituted in the Superior Court of the County of Stanislaus, State of California, or any other appropriate court in such county, and CONSUL TANT covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. -16-

ATTACHMENT C
ITEM 8

35. HEADINGS NOT CONTROLLING
Headings used in this Master Agreement and any Project Agreement are for reference purposes only and shall not be considered in construing said Agreements.

36. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license.

37. ATTORNEYS' FEES
If either party to this Master Agreement and any Project Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Master Agreement or any Project Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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

Dated: _________ , 2025
CITY OF CERES, a municipal corporation
By __________ _ _ _ _ _
Signature
Douglas D. Dunford, City Manager
Name and Title
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Dated: Apr,\ ~;).. ,•
CONSULI .f\N+- M1/.E., Inc.

By . . -----
Signatu e_. __
Kirk DelaMare, President/CEO
Name and Title
, 2025

ATTACHMENT C
ITEM 8

APPROVED AS TO FORM

CITY ATTORNEY
ATTEST :

Fallon Martin, City Clerk
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CONSUL TANT's Federal ID#
20-2037070

ATTACHMENT C
ITEM 8
EXHIBIT "A"

INSURANCE REQUIREMENTS FOR CONSULTANTS
CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his/her agents, representatives, or employees.

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

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001 ).

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

3. Workers' compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT'S profession.

Minimum Limits of Insurance
CONSUL TANT shall maintain limits no less than:

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

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

3. Employer's Liability:
$2,000,000 per accident for bodily injury or disease.
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ATTACHMENT C
ITEM 8

4. Errors and Omissions Liability:
$2,000,000 per claim and aggregate.

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

Other Insurance Provision
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The Entity, its officers, officials, employees, are to be covered as insured's as respects: liability arising out of work or operations performed by or on behalf of the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSUL TANT.

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

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

If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. -20-

ATTACHMENT C
ITEM 8

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of three (3) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the entity for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of "pollution" shall include microbial matter including mold.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
CONSUL TANT shall furnish the Entity with original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the Entity or on other than the Entity's forms, provided those endorsements conform to Entity requirements. All certificates and endorsements are to be received and approved by the Entity before work commences; however, failure to do so shall not operate as a waiver of these insurance policies, including endorsements effecting the coverage required by these specifications at any time.

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

The workers' compensation policy shall be endorsed to contain a waiver of subrogation in favor of the entity for all work performed by the consultant, its agents, employees, independent contractors and subcontractors.
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ATTACHMENT C
ITEM 8
DESCRIPTION:

EXHIBIT "B"
Project Management. Civil/Structural Engineering• Urban Design• Land Planning Entitlement s• Right-of-Way/Permitting • Surveying • Construction Staking • Graphics 2025 RA TE SCHEDULE

PER HOUR
Principal ................................................................................ ............................... $185.00 Associate ..................................................................... ........................... .............. $170.00 Professional ........................................................................................................ $160.00 Assistant Professional .......................................................................................... $150.00 Civil Designer ....................................................... ................................................ $125.00 Graphic Designer ................................................................................................. $125.00 Assistant Designer ............................ ................................................................... $100.00 1-Man Survey Crew .............................................................................................. $195.00 2-Man Survey Crew .............................................................................................. $330.00 Travel .............................................................. ...................................................... $95.00 Administrative ......................................................................................................... $60.00 Expert Witness ..................................................................................................... $300.00 The above rate schedule is effective as of December 1, 2024 and is subject to adjustment December 31, 2025.
mid-valley engineering
1117 L Street, Modesto, CA 95354 • 866.526.4214 • 866.932.9683 fax• www.mve.net CALIFORNIA• NEVADA• WASHINGTON

ATTACHMENT C
ITEM 8

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MASTER AGREEMENT FOR
P

ROFESSIONAL CONSULTANT SERVICES FOR

NON-FEDERAL PROJECTS

THIS AGREEMENT is made this _____ day of ____________, 2025, by and between the CITY OF CERES, a municipal corporation, hereinafter referred to as "CITY", and SANDIS, a California Corporation and a professional consulting firm, hereinafter referred to as "CONSULTANT".

RECITALS:

B. CONSULTANT was one of the professional consulting firms selected by the CITY.

ATTACHMENT C
ITEM 8

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Notice of Award, execute and deliver to the CITY the Project Agreement in the form s
hown on ATTACHMENT 1.

ATTACHMENT C
ITEM 8

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ATTACHMENT C
ITEM 8

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than CONSULTANT anticipates and that CONSULTANT shall not be entitled to a
dditional compensation, therefore.

For each Project Agreement, unless otherwise agreed to by both parties, compensation shall be paid pursuant in the manner at the times set forth below:

ATTACHMENT C
ITEM 8

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with work performed on the project. CONSULTANT shall be paid within thirty (30) days o
f receipt by the CITY of a properly prepared invoice.

11. TIME OF ESSENCE
Time is of the essence in the performance of any Project Agreement.

12. SCHEDULE OF PERFORMANCE
CONSULTANT shall perform all services within the times set forth in the Project Agreement.

ATTACHMENT C
ITEM 8

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15. PROJECT MANAGER
CONSULTANT will assign a Project Manager, who will be the person primarily responsible for the performance of the services referred to in any Project Agreement.

Said person shall not be replaced without the consent of CITY, which consent will not be unreasonably withheld.

ATTACHMENT C
ITEM 8

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18. OWNERSHIP OF DOCUMENTS/TITLE TO DATA

ATTACHMENT C
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generated under this Agreement will be delivered to CITY upon the completion of the p
roject, termination of services, or when requested by City.

CONSULTANT agrees to file a Statement of Economic Interests with the CITY Clerk at the start and end of this contract if so required at the option of CITY.

ATTACHMENT C
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CONSULTANT has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of

ATTACHMENT C
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CONSULTANT shall determine the method, details and means of performing the work and services to be provided by CONSULTANT under any Project Agreement.

CONSULTANT has control over the manner and means of performing the services.

It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT'S personnel.

ATTACHMENT C
ITEM 8

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FOR CONSULTANT: Name: _____________________________

Address: ___________________________
___________________________

Attention: __________________________
Phone: ___________________________

FOR CITY: Name: CITY of Ceres
Address: 2220 Magnolia St.

Ceres, CA 95307
Attention: Michael R. Beltran II, PE,
Director of Engineering
Phone: (209) 538-5775

25. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “A”.

26. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
Laura Cabral
Sandis Civil Engineers and Land Surveyors
4265 Spyres Way Suite C
Modesto Ca 95356
209-820-0900

ATTACHMENT C
ITEM 8

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ATTACHMENT C
ITEM 8

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Termination for Failure to Make Agreed-Upon Payments

Voluntary Termination
The parties may terminate any Agreement upon mutual written Agreement.

ATTACHMENT C
ITEM 8

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ATTACHMENT C
ITEM 8

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ATTACHMENT C
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32. WAIVER

ATTACHMENT C
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3 5. HEADINGS NOT CONTROLLING
Headings used in this Master Agreement and any Project Agreement are for reference purposes only and shall not be considered in construing said Agreements.

36. CITY BUSINESS LICENSE
CONSULTANT will have a CITY of Ceres business license.

37. ATTORNEYS’ FEES
If either party to this Master Agreement and any Project Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Master Agreement or any Project Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is prosecuted to judgment.

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

Dated: ______________________, 2025

Dated: ______________________, 2025
CITY OF CERES, a municipal corporation

By________________________________

Signature

Douglas D. Dunford, City Manager____
Name and Title

CONSULTANT

By_______________________________
Signature

_________________________________
Name and Title
April 16
Laura Cabral, Vice President

ATTACHMENT C
ITEM 8

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PPROVED AS TO FORM

__________________________________

CITY ATTORNEY

CONSULTANT’s Federal ID #

__________________________________

ATTEST:

_____________________________________
Fallon Martin, City Clerk

94-1724242

ATTACHMENT C
ITEM 8

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EXHIBIT “A”

NSURANCE REQUIREMENTS FOR CONSULTANTS

Minimum Scope of insurance

Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001).

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

3. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the CONSULTANT’S profession.

Minimum Limits of Insurance

CONSULTANT shall maintain limits no less than:

1. General Liability (Including operations, products and completed operations as applicable.):

2. Automobile Liability:

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

3. Employer’s Liability:

$2,000,000 per accident for bodily injury or disease.

ATTACHMENT C
ITEM 8

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4. Errors and Omissions Liability:
$
2,000,000 per claim and aggregate.

SPECIAL SITUATIONS/CLAIMS HANDLING PROCEDURES

Deductibles and Self-Insured Retentions

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

Other Insurance Provision

The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

If General liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors and Omissions coverages are written on a claims-made form:

1. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.

ATTACHMENT C
ITEM 8

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4. A copy of the claims reporting requirements must be submitted to the entity for review.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage

Waiver of Subrogation

ATTACHMENT C
ITEM 8
SILICON VALLEY BUILD ON. | 1

TRI-VALLEY CENTRAL VALLEY SACRAMENTO EAST BAY/SF

STANDARD HOURLY CHARGE RATES
Enforced: January 1, 2025 through December 31, 2025

ENGINEERING SERVICES / QSD & QSP SERVICES

Project Specialist/Clerical $105.00
Computer/ Engineer Technician Level 1 $115.00
Level II $125.00
Level III $140.00
Sr. Engineer Technician $155.00
SWPPP Field Technician Level 1 $115.00
Level II $130.00
Level III $145.00
Field Technician Supervisor $165.00
Design Engineer Level 1 $135.00 Level II $145.00
Level III $155.00
Project Engineer/Traffic Engineer Level 1 $175.00
Level II $185.00
Level III $195.00
Senior Engineer Level 1 $230.00
Engineering Project Manager Level 1 $220.00
Engineering Project Manager Level 2 $255.00
Associate Principal/Sr. Project Manager/Sr. Traffic Engineer $315.00 Principal $400.00
Forensic Review/Analysis/Claim Support $500.00
SURVEYING SERVICES / HIGH DEFINITION SCANNING/ 3-D MODELING SERVICES

Computer/Surveying/Scanning Technician Level 1 $110.00 Level II $120.00
Level III $130.00
Project Surveyor/Scanning Specialist Level 1 $140.00
Level II $160.00
Level III $180.00
Survey/Utility Locating Project Manager Level 1 $220.00 Survey/Utility Locating Project Manager Level 2 $255.00 Senior Field Survey Supervisor/AISC/Manager $315.00
Utility Locating Services 1-Person Crew $195.00
Utility Locating Services 2-Person Crew $320.00
1-Person Survey Crew $225.00
2-Person Survey Crew $370.00
2-Person Survey Crew with Apprentice $505.00
3-Person Survey Crew $550.00
Union Field Surveyor Official Travel $90.00
REIMBURSABLE COSTS: Printing, monuments, materials, outside services and consultants, courier/delivery services, express/overnight mail, travel/per diem, agency fees advanced, etc., at cost. Mileage per IRS rate.

OVERTIME: All overtime charges are invoiced on the basis of one and one-half times the above rates. Double time invoiced at two times above rates.

ESCALATION: Escalation for the above charge rates shall be 3% per year. .

EXHIBIT "B"

ATTACHMENT C
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council Members
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Resolution No. 202 5-XXX, Approving Amendment #1 to Eide Bailly, LLP to Provide Accounting Consulting Services
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve an amendment w ith Eide Bailly LLP , to provide accounting consulting services, for the completion of the 2023 Fiscal Year financial audit.

I. BACKGROUND:

The complexity of the City’s financial records requires specialized accounting expertise to ensure an accurate and timely audit completion. Eide Bailly LLP has been providing essential support in this process. Staff recommends the approval of an amendment to the agreement with Eide Bailly LLP, to ensure the City has the resources necessary to finalize the audit and maintain financial compliance.

II. REASONS FOR RECOMMENDATION:

Staff recommend s amending the existing agreement with Eide Bailly LLP to allow for continued accounting services to assist in completing the bank reconciliation and related audit preparation tasks.

II. FISCAL IMPACTS:

Staff recommends approval of the amended agreement with Eide Bailly LLP in the amount of Seventy thousand dollars ($70,000). Sufficient funds have been identified within the existing budget, and no budget amendment is necessary.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
ITEM 9
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon approval from City Council, Finance Department will move forward with the amendment and continue working with the consultant.

Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Amendment
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2025-XXX
APPROVING AMENDMENT #1 TO EIDE BAILLY, LLP TO PROVIDE

ACCOUNTING CONSULTING SERVICES

THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres requires continued accounting services to assist in the completion of the bank reconciliation and preparation of the annual audit; and WHEREAS, Eide Bailly LLP has been providing necessary accounting support to City staff in navigating the complex financial records; and WHEREAS, continued services from Eide Bailly LLP are essential to continue with audit completion; and
WHEREAS, funds for the amendment are available within the existing budget and no additional appropriations are required.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Ceres does hereby approve Amendment #1 with Eide Bailly, LLP, to provide accounting consulting services.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 12th day of May 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 9
ITEM 9
What inspires you, inspires us. | eidebailly.com
10681 Foothill Blvd., Ste. 300 | Rancho Cucamonga, CA 91730-3831 | T 909.466.4410 | F 909.466.4431 | EOE May 2, 2025
Douglas D. Dunford
City Manager
City of Ceres
2220 Magnolia Street
Ceres, CA 95307

Thank you for giving Eide
Bailly the opportunity to provide services to the City of Ceres (the City) to assist with the 2022/2023 bank reconciliations. Pursuant to our engagement letter dated January 22, 2025, we have evaluated the hours incurred to date for this engagement, as well as those that we anticipate being required to complete the additional revisions that have been discussed with your staff. We now anticipate that our fees under this engagement will not exceed a total of $220,000. All other terms of our engagement letter with the City dated January 22, 2025, remain unchanged.

Please sign below to indicate your acknowledgment of, and agreement with, the revised terms of our engagement with the City and return a signed copy for our files. We appreciate the opportunity to be of service to you and look forward to continuing to work with you and your staff.

Respectfully,
__________________________
Dr. Bradford Rockabrand, CPA
Partner
***************
************************************************
RESPONSE:

This letter correctly sets forth our understanding.

Acknowledged and agreed on behalf of the City of Ceres by:

Name: _______________________________________________________________ Title: ________________________________________________________________ Date: ________________________________________________________________

ATTACHMENT B
ITEM 9
ITEM 9

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: May 12, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT: Resolution No. 2025-XXX, Approving a Three-Year Agreement with Ceres Youth Baseball for the Use of Costa Fields Baseball Complex and Authorizing the City Manager to Execute the Agreement RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a three-year agreement with Ceres Youth Baseball (CYB) and the City of Ceres for the use of Costa Fields Baseball complex and authorize the City Manager to execute said agreement.

I. BACKGROUND:

The City has a long standing and well-established relationship with the Ceres Youth Baseball (CYB) program. The current agreement between the City and the CYB program was approved by Council in June 2021. The new agreement between the City of Ceres and CYB would establish terms and conditions beginning May 12, 2025, running through May 12, 2028.

The agreement offers CYB full access to Costa Fields from January – November for their recreational / competitive games, practices and tournaments. This access includes any practice, games, tournaments and all concession stand revenue. Please note that the City of Ceres Recreation Department grants CYB priority access to Costa Fields from January to November each year. However, if external entities wish to rent the field during this period, the City of Ceres Recreation Department may allow rentals based on CYB's scheduling and availability.

II. REASONS FOR RECOMMENDATION:

CYB wishes to conduct baseball programs in Ceres to serve the youth of the community though the use of facilities owned by the City of Ceres.

ITEM 10
III. FISCAL IMPACTS:

The contract with CYB is projected to generate $38,880 in revenue annually, with estimated expenditure costs for water, electricity, lighting, and janitorial services totaling $36,736 annually.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Create a vibrant, safe, attractive, and walkable community that maintains a small town feel with parks, trails, shopping, entertainment and other desirable amenities.

V. POLICY ALTERNATIVES:

Should the City Council deny the agreement, the City would attempt to renegotiate with CYB. If the City and CYB cannot come to an acceptable agreement, the CYB would cease to operate at the field until an agreement can be made.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following approval, the City Manager will sign the agreement with CYB.

Approved by: ___________________
Douglas D. Dunford,
City Manager
Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Costa Ball Field Complex Rules, Regulations Brochure ITEM 10

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A THREE-YEAR AGREEMENT WITH CERES YOUTH BASEBALL FOR

THE USE OF COSTA FIELDS BASEBALL COMPLEX AND AUTHORIZING THE

CITY MANAGER TO EXECUTE SAID AGREEMENT

THE CITY COUNCIL
City of Ceres, California

WHEREAS, the City of Ceres (“City”) has a long -standing and well-established relationship with the Ceres Youth Baseball (“CYB”) program; and

WHEREAS, the City and CYB hereby establish terms and conditions for a new agreement beginning on May 12, 20 25, running through May 12 , 2028, and the City offers CYB full access to Costa Fields from January through November; and

WHEREAS, CYB wishes to conduct baseball programs in Ceres to serve the youth of the community through the use of facilities owned by the C ity pursuant to City’s agreement; and

WHEREAS, the City wishes to assist the baseball program sponsored by CYB for the benefit of the youth of the community.

NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Ceres does hereby approve a three-year agreement with Ceres Youth Baseball for the use of Costa Field s Baseball Complex 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 12th day of May 2025, 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

Page 1 of 9 ends

Ceres City CouncilMay 12, 2025

Ceres City Council
May 12, 2025