Ceres City Council
July 28, 2025

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, July 28, 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 Tim Giannosa, Big Valley Grace Community Church.

Click this link to join the webinar:
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AGENDA
Regular City Council Meeting
July 28, 2025

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Mayor Lopez.

PRESENTATIONS

A. Health Center Week 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 July 28, 2025, City Council Meeting was Posted on Wednesday, July 23, 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. Approval of Minutes for the July 14 , 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated July 2 , 202 5, through July 9 , 2025 . (Esenwein)

5. General Correspondence – Information Only
a. Redevelopment and Economic Development Quarterly Report – April, May and June 2025 (Aguirre)
b. Public Works Monthly Report for June 2025 (Royal)
AGENDA
Regular City Council Meeting
July 28, 2025

6. Waiver of Second Reading and Adoption of Ordinance No. 2025 -XXXX, An Ordinance of the City Council of the City of Ceres Adding Sections 15.01.060, Public Improvements Defined, and 15.01.070, New Construction Defined, to Chapter 1, General Provisions, of Title 15, Buildings and Construction, of the Ceres Municipal Code; a nd Amending Section 15.02.120, Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; Amended, of Chapter 2, Building Code, of Title 15, Buildings and Construction, of the Ceres Municipal Code. (Beltran)

7. Resolution No. 2025-XXX, Approving a Three-Year Agreement between the Ceres Youth Soccer Organization and the City of Ceres for the Use of Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement . (Chavez)

8. Resolution No. 2025-XXX, Approving a Two-Year Agreement between the Turlock Youth Sports Foundation Hereinafter Referred to as Ceres Youth Flag Football and the City of Ceres for the Use of the Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement. (Chavez)

9. Resolution No. 2025-XXX, Approving a Two-Year Agreement between the Turlock Youth Sports Foundation Hereinafter Referred to as Ceres Adult Flag Football and the City of Ceres for the Use of the Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement. (Chavez)

10. Resolution No. 2025-XXX, Approving a License to Use Agreement with Big Valley Grace Community Church for the Use of the Ceres Community Center and Authorizing the City Manager to Execute the Agreement. (Chavez)

11. Resolution No. 2025 -XXX, Approving a Construction Contract with D.A. Wood Construction, Inc. for Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project (Project No. 2524), Approving 10% Contingency, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Contract. (Beltran)

12. Resolution No. 2025-XXX, Approving the Purchase of an Electric Step Van fr om Kingsburg Truck Center, Inc. as Part of the Fleet Replacement Program and Approving a Budget Amendment to Allocate Funds for the Purchase. (Royal)

13. Resolution No. 202 5-XXX, Approving the Recertification of the 2025 Updated Sewer System Management Plan. (Royal)

14. Resolution No. 2025 -XXX, Approving a Licensing Agreement with Valley Water Collaborative for the Construction and Installation of a Free Water Container Fill Station at River Bluff Regional Park and A uthorizing the City Manager to Execute the Agreement. (Royal)

AGENDA
Regular City Council Meeting
July 28, 2025

15. Resolution No. 2025-XXX, Approving Payment to Howk Systems for Emergency Pump Repairs and Well Rehabilitation Performed at Well 28 Located at River Bluff Regional Park. (Royal)

16. Resolution No. 202 5-XXX, Approving an Agreement with Eide Bailly, LLP to Provide Accounting Consulting Services for the Preparation of the Fiscal Year 2024 Financial Audit and Authorizing the City Manager to Execute the Agreement . (Esenwein)

17. Resolution No. 2025-XXX, Approving Project Agreement 1 to the Master On -Call Agreement with Advanced Mobility Group for the City -Wide Speed Study in the Amount of $52,900, Approving the Contingency Amount of $12,100 for Additional Road Segments, and Authorizing the City Manager to Execute the Project Agreement. (Beltran)

18. Resolution No. 202 5-XXX, Accepting the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the Amount of $1,084,600.00. (City Manager)

19. Resolution No. 2025 -XXX, Approving a Contract Amendment with Capitol Advocacy Partners for Grant Writing Services, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Amendment. (City Manager)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

20. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Adding Section 5.19.000, Definitions, Amending Section 5.19.040 – Eligible Organizations, Section 5.19.080 – Chief of Police Investigation, Amending Section

5.19.090 from Summary Suspension or Revocatio n to Renewal of Permit to Operate, Section 5.19.100 from Enforcement to Bingo Location Security, Adding Section 5.19.110 – Conduct of Games, Section 5.19.120 – Financial Records, and Section 5.19.130 – Enforcement of the Ceres Municipal Code. (Johnson)

21. Ordinance No. 2025-XXX, An Ordinance of the City Council of the City of Ceres Adding Chapter 10, Tobacco and Smoke Shop Restrictions, to Title 6, Health and Sanitation, of the Ceres Municipal Code. (Johnson)

AGENDA
Regular City Council Meeting
July 28, 2025

NEW BUSINESS

22. Resolution No. 2025 -XXX, Accepting the 2024 -25 Military Equipment Annual Report and Approving the Military Equipment Funding, Acquisition and Use Policy. (Johnson)

23. Consideration of Admonishment for the Unauthorized Use of the City Name, Seal, Logotype, or Insignia by City Councilmembers James Casey and Cerina Otero in Violation of Ceres Municipal Code Section 1.03.010. (City Attorney)

24. Resolution No. 2025-XXX, Declaring an Intention to Levy and Collect Fees for the 1987 Landscape and Lighting Districts for Fiscal Year 2025/26 and Direct the City Engineer to Sign and the Public Works Director to File an Engineer’s Report, and Establish August 11, 2025, as a Public Hearing for the Levy of the Annual Assessments. (Beltran)

DISCUSSION ITEMS

25. Council to Discuss the Options for Developing a New Strategic Plan for the City. (City Manager)

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).

26. Fireworks Regulations and Fine Schedule
(Requested by Councilmember Otero via the City Manager on July 7, 2025.)

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

None

REPORT FROM CLOSED SESSION

AGENDA
Regular City Council Meeting
July 28, 2025

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on August 11, 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 office at (209) 538 - 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).

AFFIDAVIT OF POSTING

I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for th e Regular City Council Meeting was posted on Wednesday, July 23, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

PROCLAIMING AUGUST 3 – 9, 2025, AS

NATIONAL HEALTH CENTER WEEK

THE CITY COUNCIL
City of Ceres
WHEREAS, for nearly 60 years, Community Health Centers have provided high - quality, affordable, and comprehensive primary and preventive health care in medically underserved communities throughout the United States —improving health outcomes and strengthening local systems of care; and
WHEREAS, Community Health Centers now serve more than 32.5 million people at over 16,000 locations across the country, providing care to individuals and families from all walks of life, regardless of background, income, or insurance status; and WHEREAS, Golden Valley Health Centers, established in 1972, has served as a trusted provider in California’s Central Valley for over five decades. Today, it operates 62 clinics across Merced, San Joaquin, and Stanislaus Counties, delivering more than 712,000 visits to over 162,000 patients annually; and
WHEREAS, Community Health Centers like Golden Valley Health Centers support local economies and job creation —contributing to economic stability and resilience in both rural and urban communities across the region; and
WHEREAS, National Health Center Week (August 3 –9, 2025) offers a time to recognize the longstanding, nonpartisan mission of Community Health Centers to provide accessible care and to honor the patients, staff, volunteers, and board members who make this work possible; and
WHEREAS, the City of Ceres commends Golden Valley Health Centers for its continued service and commitment to the health and well-being of our residents.

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 proclaim the week of August 3 –9, 2025, as National Health Center Week. I encourage all residents to learn about and support the essential services provided by Golden Valley Health Centers and other Community Health Centers in our community.

Proclaimed this 28th day of July 2025
____________________________
Javier Lopez, Mayor
ITEM A
ITEM A

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, July 14, 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 called the July 14, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

Mayor: Javier Lopez
Vice Mayor: Daniel A. Martinez (District 4)
Councilmembers: James Casey (District 1); Rosalinda L. Vierra (District 2); Cerina Otero (District 3)
District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 3
Councilmember
Otero
District 4
Vice Mayor
Martinez
Mayor Lopez
Present Present Present Present Present

INVOCATION
Invocation by Chris Henry, Hope Tree Church.

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

PRESENTATIONS
None
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Llaritza Rodriguez spoke regarding stray cats, low cost spay and neuter for cats, animal welfare, and spay and neuter vouchers.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

Shirley Rogers spoke regarding the lettering on the war memorial needing to be repainted and having high school students complete the project.

CONFLICT OF INTEREST DECLARATION

None

APPOINTMENTS TO BOARDS/COMMISSIONS

A. Measure H Citizens’ Oversight Committee Appointments. (City Clerk)

City Clerk, Fallon Martin, introduced the item.

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

Noah Wells introduced himself and why he applied to the Measure H Committee.

Mayor Lopez closed public comment.

Council and staff discussion included public interviews, set of questions for the interview process, Council approved amendment to the Council Rules and Procedures regarding open meeting interviews, interview questions used in previous recruitments, asking interview questions in-person, applicant attendance, importance of the interview questions, options in changing the open meeting process, and options the Council has regarding the item.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, app ointing Vincent Truffa, Randy Cerny, and Noah Wells to the Measure H Citizens’ Oversight Committee .

Motion carried 5/0/0/0 by the following roll call vote:

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

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving to reevaluate the open meeting interview process. Motion carried 5/0/0/0 by the following roll call vote:

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

CONSENT CALENDAR

1. Clerks Report of Posting. The agenda of the July 14, 2025, City Council Meeting was Posted on Wednesday, July 9, 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. Approval of Minutes for the June 23, 2025, Regular City Council Meeting. (City Clerk)

4. Removed for separate consideration.

5. Removed for separate consideration.

6. Removed for separate consideration.

7. Removed for separate consideration.

8. Removed for separate consideration.

9. Removed for separate consideration.

10. Removed for separate consideration.

11. Resolution No. 2025 -059, Approving a Three -Year Agreement with Dr. Jocelyn Roland, Ph.D., ABPP to Provide Psychological Counseling for all Police Employees and Preemployment Psychological Exams for Police Officer Applicants and Authorizing the City Manager to Execute the Agreement. (Johnson)

12. Removed for separate consideration.

13. Removed for separate consideration.

14. Resolution No. 2025 -062, Approving Master Service Agreements for Traffic Engineering Services and Authorizing the City Manager to Execute the Agreements. (Beltran)

15. Resolution No. 2025 -063, Approving the Construction Agreement for the 2024 Pavement Preservation Rebid (Project No. 2512, 2513, and 2514) to Consolidated Engineering, Inc., Approving 10% Contingency, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Beltran)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

16. Resolution No. 2025 -064, Ordering the Preparation of the Engineer’s Report for the Citywide Landscape and Lighting Maintenance Assessment District for Fiscal Year 2025-26. (Beltran)

17. Removed for separate consideration.

18. Removed for separate consideration.

19. Resolution No. 2025-067, Approving the Construction Contract for the Richland Sidewalk Improvement Project (2522) to George Reed, Inc., Authorizing a 10% Contingency, and Authorizing the City Manager to Execute the Contract. (Beltran)

20. Removed for separate consideration.

21. Removed for separate consideration.

22. Resolution No. 2025 -070, Approving a Cost -Sharing Agreement with the San Joaquin Valley Stormwater Quality Partnership (SJVSWQP) for Collaboration on Public Education and Outreach Activities Related to Permit Compliance with the National Pollutant Discharge Elimination System (NPDES) and Authorizing the City Manager to Execute the Agreement. (Royal)

23. Resolution No. 2025 -071, Approving an Agreement with Subsurface Technologies, Inc. for the Rehabilitation of Well 22 and Authorizing the City Manager to Execute the Agreement. (Royal)

24. Resolution No. 2025-072, Approving Project Amendment No.1 with KSN, Inc. for the Professional Consultant Services Agreement to Update the Sewer System Management Plan and Authorizing the City Manager to Execute the Amendment . (Royal)

25. Resolution No. 2025 -073, Approving an Agreement with North Star Engineering Group, Inc. to Provide Planning Project Management Services, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (City Manager)

26. Resolution No. 2025-074, Ratifying the Memorandum of Understanding between the City of Ceres and Laborers’ International Union of North America (LiUNA!) and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

27. Resolution No. 2025-075, Ratifying the Memorandum of Understanding between the City of Ceres and Mid Managers Bargaining Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

28. Resolution No. 2024-076, Ratifying the Memorandum of Understanding between the City of Ceres and the First Line Supervisor Group and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving items 1 – 3, 11, 14 – 16, 19, & 22 – 28. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

Item 4: Removed for separate consideration by Councilmember Casey

Register of Audited Demand(s) Dated June 11, 2025, through June 25, 2025. (Esenwein)

Councilmember Casey inquired about the total cost of the hot air balloon festival and money refunded for the resource and recycling grant.

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

Council and staff discussion included vendor payment entry, total amount spent by the City of the hot air balloon festival, total amount refunded from the beverage grant, how much was awarded in grant from using a grant writing consultant, and gazebo purchases.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 4. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 5: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -055, Approving a Five -Year Officer Safety Plan 10 Agreement with Axon Enterprise, Inc. and Authorizing the City Manager to Execute the Agreement. (Johnson)

Councilmember Otero asked if the contract is covered by Measure H funds and the cost per year totals.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

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

Council and staff discussion included the amended resolution, the cost difference per year, and if the City can afford the annual cost.

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

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

Item 6 & 7: Removed for separate consideration by Councilmember Otero

Resolution No. 2025-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No.1 (Public Services). (Beltran)

Resolution No. 2025-XXX, Ordering the Levy and Collection of Special Taxes for Fiscal Year 2025/26 within the City of Ceres Community Facilities District No. 2 (Public Services). (Beltran)

Councilmember Otero asked about the increase per year to the Community Facilities District.

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

John Warren spoke regarding Mello -Roos, special tax areas, and options to increase or not.

Mayor Lopez closed public comment.

Council and staff discussion included the increase being based on the Consumer Price Index, the frequency of the increase, if it was required to increase annually, underfunding and impact it would have on future increases, Landscape and Lighting Districts, what Community Facilities Districts and Landscape and Lighting Districts cover, and the percentage of the increase being proposed.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

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

Action: Motion by Vice Mayor Martinez , seconded by Mayor Lopez , approving item 7. Motion failed 1/4/0/0 by the following roll call vote:

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

Item 8: Removed for separate consideration by Councilmember Otero

Resolution No. 2025-056, Approving Master Service Agreements for Geotechnical Engineering and Construction Observation and Material Testing Services and Authorizing the City Manager to Execute the Agreements. (Beltran)

Councilmember Otero asked about the breakdown of cost for services.

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

Council and staff discussion included prevailing and standard wages.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 8. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 9: Removed for separate consideration by Councilmember Otero

Resolution No. 2025-057, Approving Master Service Agreements for General Civil Engineering and Surveying Services and Authorizing the City Manager to Execute the Agreements. (Beltran)

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

Council and staff discussion included the inclusion of a local company.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

Action: Motion by Councilmember Vierra, seconded by
Councilmember Otero, approving item 9. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 10: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -058, Accepting the Fire Training Facility Phase 3 Tactical Tower Project as Complete and Authorizing the Filing of the Notice of Completion. (Beltran)

Councilmember Otero inquired as to whether the other agencies paid their portion of the cost.

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

Council and staff discussion included the impact the project will have on the City’s budget.

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

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

Item 12: Removed for separate consideration by Vice Mayor Martinez

Resolution No. 2025 -060, Approving a Three -Year Agreement with the Department of California Highway Patrol for their Use of the Police Department Range and Authorizing the City Manager to Execute the Agreement. (Johnson)

Vice Mayor Martinez inquired as to the cost of building classrooms and bathrooms at the range.

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

Council and staff discussion included where the collected money goes, balance in the range fund, and the process and funding for a restroom project.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 12. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 13: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -061, Approving the Measure L Master Funding Agreement Between the Stanislaus Council of Governments and the City of Ceres and Authorizing the City Manager to Execute the Agreement. (Beltran)

Councilmember Otero inquired as to how the percentage is determined and community input for transportation improvements.

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

Council and staff discussion included history of Measure L and an update on the bike path project and funding for it.

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

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

Item 17: Removed for separate consideration by Shirley Rodgers

Resolution No. 2025 -065, Authorizing the Sale of Canine Veko to Officer Brian Chandler. (Johnson)

Shirley Rodgers inquired as to why the canine was being sold and the cost of the canine.

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

Council and staff discussion included the retirement of the canine, gift of public funds, who the dog is being sold to, and donations for the sale of the dog.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 17. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 18: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -066, Approving an Agreement with Precision Concrete Cutting, Inc. for Concrete Cutting Services in the Westpointe 4, Olive Grove 1 and 2, Highlands 1 and 2, Kingston Estates, Highlands Park, California Voyage 1 and 2, and Maxim Estates Subdivisions (New Proje ct String) in an Amount Not -to- Exceed $86,636.55 and Authorizing the City Manager to Execute the Agreement. (Beltran)

Councilmember Otero inquired as to the completion of a project in District 3.

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

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 18. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 20: Removed for separate consideration by Councilmember Otero

Resolution No. 2025-068, Approving a Contract for Environmental, Right-of-Way, and Design Services for the Service Road / Mitchell Road Interchange Project to Dokken Engineering and Authorizing the City Manager to Execute the Contract. (Beltran)

Councilmember Otero spoke regarding the continuance of spending money on the project and estimated project completion.

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

Council and staff discussion included project completion and funding request for transportation projects.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 20. Motion carried 5/0/0/0 by the following roll call vote:

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

Item 21: Removed for separate consideration by Councilmember Vierra

Resolution No. 2025-069, Approving an Agreement with Hinderliter De Llamas & Associates (dba HDL Companies) for Business Licenses Administration Services, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Esenwein)

Councilmember Vierra inquired as to the cost of service and budgeting of funds.

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

Council and staff discussion included why staff is switching to a new vendor , process changes to minimize the City’s cost to the vendor, collecting additional revenue, public outreach, budgeted amount versus the actual cost, difference in cost from the current vendor to the recommended vendor, money savings by sending quarterly business license renewals annually as opposed to quarterly, cost per mailing , mailing cost, annual cost for HdL, hiring staff to conduct business license services in -house, total num ber of business licenses in the city, monthly reporting, upcoming contracts in negotiations , current status with the current vendor, number of filers online compared to mail , collection service fee , home occupancy permit tracking,

Action: Motion by Councilmember Casey , seconded by
Councilmember Vierra, approving item 21. Motion carried 3/2/0/0 by the following roll call vote:

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

Action: Motion by Vice Mayor Martinez, seconded by Mayor Lopez, to reopen item 21 . Motion failed 2/3/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
No No No Yes Yes
ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

UNFINISHED BUSINESS

None

PUBLIC HEARING

29. Ordinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Adding Sections 15.01.060, Public Improvements Defined, and 15.01.070, New Construction Defined, to Chapter 1, General Provisions, of Title 15, Buildings and Construction, of the Ceres Municipal Code; and Amending Section 15.02.120, Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; Amended, of Chapter 2, Building Code, of Title 15, Buildings and Construction, of the Ceres Municipal Code. (Beltran)

Mike Beltran, Engineering Director/City Engineer, introduced the item.

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

Council and staff discussion included building code requirements, Cal-green requirements, and developer requirements.

Action: Motion by Councilmember Vierra, seconded by
Councilmember Otero, approving item 29. Motion carried 5/0/0/0 by the following roll call vote:

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

30. Resolution No. 2025-077, Approving the Update to the Public Facilities Fee Nexus Study for the City’s Impact Fee Program and Adopting the Public Facilities Impact Fee Schedules. (Beltran)

Mike Beltran, Engineering Director/City Engineer, introduced the item.

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

Council and staff discussion included how the numbers were determined , who pays the fees, when the fees go into effect, timeframe of when fees should be reviewed again, and how the fees compare to other cities.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 30. Motion carried 5/0/0/0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

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

NEW BUSINESS

None

DISCUSSION ITEMS

None

COUNCILMEMBER REFERRALS

31. Digital Billboard Ordinance
(Requested by Vice Mayor Martinez at the June 9, 2025, Regular City Council meeting.)

Vice Mayor Martinez introduced the item.

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

Council provided consensus for staff to bring back an item related to a digital billboard ordinance. (5/0)

32. Historic Downtown Signage
(Requested by Vice Mayor Martinez at the June 9, 2025, Regular City Council meeting.)

Vice Mayor Martinez introduced the item.

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

Council provided consensus for staff to bring back an item related to downtown signage. (5/0)

33. Military Banner Committee
(Requested by Councilmember Otero via the City Manager on June 25, 2025.)

Councilmember Otero introduced the item.

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

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

Council and staff discussion included why the committee was dismantled.

Council provided consensus for staff to bring back an item related to reestablishing the committee. (5/0)

REFERRAL REQUESTS

Reestablish the Transit Occupancy Tax (TOT) Advisory Committee for Oversight of TOT Dollars
(Requested by Councilmember Otero)

REPORTS

• Mayor

Mayor Lopez spoke regarding his attendance at the Stanislaus County Fair.

• City Council

Vice Mayor Martinez thanked the Police Department for their 4 th of July patrolling efforts.

Councilmember Otero thanked the Police Department and Modesto Fire Department for their 4th of July patrolling efforts.

Councilmember Vierra spoke regarding Stanislaus Homeless Alliance, Concerts in the Park, visiting the Ceres Police Department’s dispatch center, and the recent community cleanup day.

• City Manager

City Manager, Doug Dunford, provided an update on Lazy Wheels mobile home park.

• City Attorney

City Attorney, Nubia Goldstein, spoke regarding the Lazy Wheels update and how it affects the City.

• Departments

Public Works Director, Sam Royal, provided an update on Neel Park, Smyrna Park, and repairs at Independence Park.

Acting Police Chief, Jeff Godfrey, provided an update regarding the 4 th of July and a recent illegal firework operation.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
July 14, 2025

Assistant Fire Chief, Andrew Hunter, spoke regarding an upcoming ribbon cutting event for the new fire training tower.

CLOSED SESSION

34. 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 circumstances, there is a significant exposure to litigation against the local agency.” Potential Case: 1 case

35. Conference with Legal Counsel – Initiation of Litigation , Cal. Gov’t Code §54956.9(d)(4)
“For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.” Potential Case: 1 case

REPORT FROM CLOSED SESSION

Mayor Lopez reported that directions were provided to staff.

ADJOURNMENT

The next scheduled City Council Meeting will be held on July 28, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

There being no further business, Mayor Lopez adjourned the meeting at 10:34 p.m.

______________________________
Javier Lopez, Mayor

______________________________
Fallon Martin, City Clerk

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

ITEM 3
ITEM 3

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: July 28, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Register of Audited Demand(s) Dated July 2, 2025, through July 9, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated July 2, 2025, through July 9, 2025, covering obligations to be paid by general warrants in the amount of $523,531.56 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 July 2, 2025, through July 9, 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.

ITEM 4
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 and FY 2025-26 budget. There is a $523,531.56 fiscal impact for the period of July 02, 2025 through July 09, 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 July 2, 2025, through July 9, 2025 ITEM 4

ATTACHMENT A
7/14/2025
1 Date PO# Invoice Description Amount
10,414.84
10,414.84
179.88
179.88
2,750.00
2,750.00
1,138.16
1,138.16
1,050.00
1,050.00
22500125 483.00
483.00
1,516.72
1,516.72
140.00
1,258.95
1,398.95
151.82
151.82

88.44 185.19
273.63

76.43 76.43
139.07
139.07
07/02/25 HUGHSON FARM SUPPLY 3 CANS OF PAINT/ 6 GRILL BITS Total:
07/02/25 GREEN RUBBER-KENNEDY AG HOSE AND FITTINGS Total:
07/02/25 GRAINGER HVAC FILTERS

HVAC FILTERS
Total:
07/02/25 GEORGE REED, INC. 1.54 TONS OF ASPHALT FOR PATCHING Total:
07/02/25 GEOANALYTICAL LABORATORIES, INC EXPORT SAMPLE ANALYSIS #1 JUNE 25

DRINKING WATER QUALITY SAMPLES
Total:
07/02/25 GARYS FENCING & WIRE SUPPLY, INC FENCE REPAIR AT INDEPENDENCE Total:
07/02/25 ENGEO, INC RICHLAND SANITARY SEWER RPL PROJ #3 RESO2024-88 Total:
07/02/25 DU-ALL SAFETY, LLC MAY 25 SAFETY CONTRACT Total:
07/02/25 CRAWFORD & ASSOCIATES, INC. PROJECT 18-493.3 RIVER BLUFF RES & PUMP Total:
07/02/25 CERES AREA CHAMBER OF COMMERCE HOT AIR BALLOON FESTIVAL 2025 PILOTS, BAND, & DJ Total:
07/02/25 BLUETRITON BRANDS INC LAB DI WATER 5/5-6/4/25 Total:
07/02/25 AZCO SUPPLY, INC. 2 STREET LIGHT POLES & 2 FIXTURES Total:

Voucher List
City of Ceres
ITEM 4

ATTACHMENT A
7/14/2025
2 Date PO# Invoice Description Amount
Voucher List
City of Ceres

46.81 46.81

35.00 35.00
556.50
556.50
556.50
524.70
556.50
673.10
689.00
673.10
673.10
556.50
556.50
556.50
238.50
524.70
7,891.70
3,007.23
3,007.23

65.03 65.03

56.10 56.10
334.37

41.94 376.31
2,070.08
2,070.08Total:

PVC ELBOWS
Total:
07/02/25 MOTOR PARTS DISTRIBUTORS INC OIL FILTERS, BRAKE PADS/ROTOR,VALVES,IGNITION COIL Total:
07/02/25 MODESTO WINDUSTRIAL CO GALV- STOCK TRUCK Total:
07/02/25 MISSION LINEN SUPPLY 6/23/25 UNIFORM SERVICE WASTEWATER Total:
07/02/25 K & D ENTERPRISES INC. FILL DIRT FOR SERVICE LINE REPLACEMENT MALIK INSPECTION SERIAL 608598
Total:
07/02/25 INTERSTATE SALES GUARD RAIL & HARDWARE/WHITE & YELLOW THERMO FLEET LIFT INSPECTION UNIT J0001
FLEET LIFT INSPECTION UNIT 0018
FLEET LIFT INSPECTION H0022
FLEET LIFT INSPECTION B0001

INSPECTION
ANNUAL INSPECTION FOR LIFT TRUCK 20-226-24
FLEET LIFT INSPECTION J0002
FLEET LIFT INSPECTION 0004

INSPECTION AND LOAD TEST FOR CRANE TRUCK

INSPECTION FOR WASTEWATER SERVICE TRUCK
07/02/25 IIA LIFTING SERVICES, INC INSPECTION FOR CRANE TRUCK 20-260-19

INSPECTION FOR STREETS SERVICE TRUCK
INSPECTION FOR LIFT TRUCK 20-228-20
07/02/25 IEH-JL ANALYTICAL SERV INC. JUNE 25 WATER QUALITY SAMPLES W39 & W40 Total:
07/02/25 HUNT OIL OF CALIFORNIA PROPANE
Total:

ITEM 4

ATTACHMENT A
7/14/2025
3 Date PO# Invoice Description Amount
Voucher List
City of Ceres
1,194.95
1,194.95
238.40

27.07 265.47
162.99
162.99
285.04
285.04
500.00
500.00
22500020 20,911.21
22500020 6,414.16
27,325.37
22500034 5,390.14
5,390.14
22500117 520.00
520.00
428.08

71.53 499.61
1,250.00
1,250.00
22500005 6,196.05
6,196.05

21.12 194.53

70.43 286.08
RUNNING BOARDS FOR F150

ELECTRIC WIRE/ SOLAR CHARGER
Total:

Total:
07/08/25 AMAZON CAPITAL SERVICES, INC. COMPUTER WALL MOUNTING BRACKET Total:
07/08/25 ADVANCED MOBILITY GROUP TRAFFIC ENG/ON-GOING SUPP SVCS CTY TRAFFIC SIGNL #

BUSINESS CARDS - PLANNING DEPARTMENT
Total:
07/08/25 1ST SECURITY & SOUND, INC ALARM UPGRADE
Total:
07/02/25 WILLEY PRINTING CO., INC. #10 WINDOW ENVELOPES-UB Total:
07/02/25 WILLDAN FINANCIAL SERVICES MAY 2025 WTR & WW RATE STUDY UPDATE SVCS BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25
Total:
07/02/25 WESTWOOD PROFESSIONAL SERVICES FEB 25 MOFFETT RD REHAB PROJ AGRMNT/SWR RPLMNT Total:
07/02/25 STANISLAUS COUNTY BUILDING INSPECTION & PLAN CHECK SERVICES FY24/25 Total:
07/02/25 SHELLA BILYEU 6/24/25 CONCERTS IN THE PARK BAND Total:
07/02/25 PB LOADER CORPORATION 16 GAL TANK

C BATTERIES
Total:
07/02/25 ONESOURCE DISTRIBUTORS, LLC CIRCUIT BREAKER WHITMORE GAZEBO Total:
07/02/25 O'REILLY AUTO PARTS OIL FOR STOCK
07/02/25 NORTHSTAR CHEMICAL CL2 FOR WELL # 34
ITEM 4

ATTACHMENT A
7/14/2025
4 Date PO# Invoice Description Amount
Voucher List
City of Ceres

63.57 41.43
105.00

87.36 87.36
256.00
256.00
141.27

38.74 45.51
225.52
22500053 1,395.00
1,395.00
354.98
354.98
1,662.00
1,662.00
775.93
775.93

97.88 97.88
666.00
666.00

80.00 80.00
235.60
235.60
3,500.00
3,500.00Total:

Total:
07/08/25 CVCWA CVCWA DUES 2025-26
Total:
07/08/25 CR RANCH, INC. BOARDING FOR K9 VEKO
Total:
07/08/25 CONDIT, GARY MATTHEW PLANNING COMMISSION STIPEND - JULY 2025 Total:
07/08/25 CLARK PEST CONTROL, INC, CLARK MIDGE ABATEMENT FOR WW Total:
07/08/25 CHOICE ELECTRIC, INC UNIVERSAL KEY KIT 18W Total:
07/08/25 CERES AREA CHAMBER OF COMMERCE HOT AIR BALLOON FESTIVAL 2025 PILOT ROOMS Total:
07/08/25 CALIFORNIA RURAL WATER ASSOC. 7/1/25-7/1/26 CRWA WTR MEMB RESOURCE WATER SYSTEMS Total:
07/08/25 PARDY BOUNTHAVONG CHARGE MINI-SPLIT WITH FREON AT PD Total:
07/08/25 BSK ASSOCIATES MAY 25 TACTICAL TRNG PROP PROJ ARGMNT#4 07/08/25 BONANDER TRUCK & TRAILER INC. RADIATOR FOR UNIT 10-203-21 HOSE FOR UNIT 10-203-21
HOSE FOR UNIT 10-203-21
07/08/25 AYERA TECHNOLOGIES,INC. INTERNET SRVCS FLEET 2026 Total:
07/08/25 AT&T MOBILITY 05/24-06/23/25 MODEMS FOR PD/FIRE VEHICLES Total:
07/08/25 AT&T 0520-06192025 CALNET SVCS
05/20-06/19/25 CALNET SVCS
Total:

ITEM 4

ATTACHMENT A
7/14/2025
5 Date PO# Invoice Description Amount
Voucher List
City of Ceres

80.00 80.00
22500108 50,445.30
22500108 1,589.00
52,034.30
6,000.00
6,000.00
22500147 24,900.00
24,900.00

61.00 61.00
22300043 5,042.80
5,042.80
1,820.00
1,820.00
1,820.00
5,460.00
238.50
238.50

80.00 80.00

80.00 80.00

80.00 80.00

35.76 35.76
2,000.00
2,000.00
07/08/25 METROPOLITAN TRANSPORTATION COMMISSION STREETSAVER SUBSCRIPTION Total:
07/08/25 MIDWEST MOTOR SUPPLY CO. INC. 200 SCREWS Total:
07/08/25 JOHNSON, DAVID J. PLANNING COMMISSION STIPEND - JULY 2025 Total:
07/08/25 JAMMU, RULDIP PLANNING COMMISSION STIPEND - JULY 2025 Total:
07/08/25 ISHWAR GILL PLANNING COMMISSION STIPEND - JULY 2025 Total:
07/08/25 IIA LIFTING SERVICES, INC BEND PAK INSPECTION Total:

APRIL 25 DOWNTOWN LANDSCAPING MAINTENANCE
JUNE 25 DOWNTOWN LANDSCAPING MAINTENANCE
Total:

Total:
07/08/25 GROVER LANDSCAPE SERVICES, INC MAY 25 DOWNTOWN LANDSCAPING MAINTENANCE Total:
07/08/25 GOUVEIA ENGINEERING, INC. PLANNING SERVICES FOR MAY 25 Total:
07/08/25 FRESNO CITY COLLEGE VIERRA: TUITION FTO SAC COURSE Total:
07/08/25 FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES PUBLIC OPINION RESEARCH SURVEY

JUN ACCOUNTING CONSULTING SERVICES
Total:
07/08/25 BERNARD A LICATA CONTRACT SERVICES FOR NEGOTIATIONS Total:
07/08/25 EIDE BAILLY LLP JUN 2025 ACCOUNTING CONSULTING SERVICES 07/08/25 DORIS DAKIN PEREZ PLANNING COMMISSION STIPEND - JULY 2025 ITEM 4

ATTACHMENT A
7/14/2025
6 Date PO# Invoice Description Amount
Voucher List
City of Ceres
391.17
391.17

69.00 69.00

69.00 69.00

10.00 54.12

42.72 39.90

53.30 41.60

41.60 63.44

52.76 28.70

32.39 32.39

32.39 28.70

28.70 28.70

32.39 32.39

32.39 32.39

32.39 32.39

32.39 32.393/1/25 UNIFORM SERVICE FLEET
4/21/25 UNIFORM SERVICE FLEET
4/28/25 UNIFORM SERVICE FLEET
5/5/25 UNIFORM SERVICE FLEET
5/12/25 UNIFORM SERVICE FLEET
3/3/25 UNIFORM SERVICE FLEET
6/9/25 UNIFORM SERVICE FLEET
6/16/25 UNIFORM SERVICE FLEET
6/23/25 UNIFORM SERVICE FLEET
4/7/25 UNIFORM SERVICE FLEET
4/14/25 UNIFORM SERVICE FLEET
3/10/25 UNIFORM SERVICE PARKS
6/30/25 UNIFORM SERVICE FLEET
5/19/25 UNIFORM SERVICE FLEET
5/26/25 UNIFORM SERVICE FLEET
6/2/25 UNIFORM SERVICE FLEET
6/30/25 UNIFORM SERVICE PARKS
3/3/25 UNIFORM SERVICE PARKS
5/12/25 UNIFORM SERVICE PARKS
5/5/25 UNIFORM SERVICE PARKS
3/17/25 UNIFORM SERVICE PARKS
07/08/25 MISSION LINEN SUPPLY 6/30/25 MATS FOR PW ADMIN BUILDING 6/30/25 UNIFORM SERVICE WASTEWATER
6/30/25 UNIFORM SERVICE STREETS
07/08/25 S. GARCIA GARCIA: PER DIEM DRE SCH PRACTICAL 7/10-12/25 Total:
07/08/25 M. VIERRA VIERRA: PER DIEM FTO SAC 7/9-11/25 Total:
07/08/25 H. UNRUH REIMBURSEMENT SMALL TOOLS
Total:

ITEM 4

ATTACHMENT A
7/14/2025
7 Date PO# Invoice Description Amount
Voucher List
City of Ceres

32.39 32.39

32.39 28.48
996.18
4,160.00
4,160.00

96.00 96.00

48.00 48.00

14.52 14.52
150.00
864.60
1,014.60
22500033 205,086.71
205,086.71
22500106 10,235.00
10,235.00
6,450.87
6,450.87
15,796.90
15,796.90
960.00
960.00
22500144 54,750.00
54,750.00
279.69
279.69Total:

Total:
07/08/25 UNITED SITE SERVICES JUNE 2025 - RANGE TOILET RENTAL Total:
07/08/25 UNITED PAVEMENT MAINTENANCE, INC 3RD STREET STORM DRAIN REPAIR PROJECT Total:
07/08/25 TOP DOG POLICE K9 TRAINING AND CONSULTING, LLC K9 TRAINING - JUNE Total:
07/08/25 THIRKETTLE CORPORATION SINGLE PORT REGISTERS FROM STUCK SENSORS Total:
07/08/25 T-MOBILE USA, INC MAY 21- JUN 20 2025 T-MOBILE PHONE SVCS Total:
07/08/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION REPAIR AND PAINT FOR UNIT 10-110-20
Total:
07/08/25 SINCLAIR GENERAL ENGINEERING CONSTRUCTION WHTIMORE PARK GAZEBO PROJ RESO#2024-100 Total:
07/08/25 RAYMOND R. LOPEZ PREP AND PAINT FOR DOOR Total:
07/08/25 PRICE FORD OF TURLOCK, INC. MATS FOR UNIT 30-210-13 Total:
07/08/25 PORAC-PEACE OFFICERS RESEARCH ASSOC RESERVE OFFICERS DUES Total:
07/08/25 PORAC LEGAL DEFENSE FUND RESERVE OFFICER LEGAL DEFENSE FUND Total:
07/08/25 MOTOROLA SOLUTIONS, INC LPR BASIC SRVC PACKAGE 07/01/2025 - 06/30/2026 3/17/25 UNIFORM SERVICE FLEET
3/24/25 UNIFORM SERVICE FLEET
3/31/25 UNIFORM SERVICE FLEET
6/30/25 UNIFORM SERVICE FACILITIES
ITEM 4

ATTACHMENT A
7/14/2025
8 Date PO# Invoice Description Amount
Voucher List
City of Ceres
14,333.83
14,333.83
3,750.00
3,750.00
3,750.00
15,000.00
26,250.00
523,531.56Vouchers in this report Total vouchers:

VIRTUAL PROJECT MANAGER

VIRTUAL PROJECT MANAGER
VPM 7/1/25 TO 6/31/26
Total:

Total:
07/08/25 VIRTUAL PROJECT MANAGER LLC VIRTUAL PROJECT MANAGER 07/08/25 US ARMOR CORPORATION BALLISTIC VESTS FOR NEW OFFICERS & EXPIRING VESTS 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: July 28, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Redevelopment/Economic Development Manager [email protected] (209) 538-5773
SUBJECT: Redevelopment & Economic Development Quarterly Report – April, May and June 2025 (Information Only)
RECOMMENDED COUNCIL ACTION:

Information Only
I. Overview Summary:

The Economic Development Department has increased its business engagement and retention efforts in the community, with a focus on recruitment efforts for vacant buildings in the Downtown area and for vacant lots in the surrounding area. Staff met with several developers and property owners to discuss the development potential of their buildings and lots. Staff attended several meetings with local organizations and volunteered/collaborated with them for their organization’s events.

Focus on Recruitment and Retention: Staff is actively engaging businesses and property owners to enhance the local economy. The focus is on recruiting businesses to fill vacant buildings and lots, ensuring these spaces contribute to the community’s growth and development.

Developer and Property Owner Engagement : Staff are meeting with developers and property owners to assess the potential of site for future projects. These discussions involve exploring opportunities for revitalizing vacant spaces and/or repurposing existing structures for new uses.

Collaboration with Local Organizations: Staff is working closely with local organizations, attending meetings and partnering with various organization to plan of events. This collaboration helps build stronger community ties and fosters an environment that supports local businesses.

ITEM 5a
II. Business Retention and Outreach:

During this reporting period, staff engaged with eighteen (18) current businesses. In total 57 new business licenses were issued for the city, covering a variety of services including contractors, salons, repair shops, body shops, medical offices, residential lawn maintenance, cleaning services, catering, restaurants, mobile food trucks, and coffee shops, among others.

Staff also reached out to 16 new businesses, which included “Welcome to Ceres” emails, phone calls, and/or visits.
• Luis Gardening & Maintenance
• I & A Auto Dismantler LLC
• Jr Auto Body
• La Vida Dolce
• Panda Express
• Rigorous Pool and Spa
• Tony’s Smoke Shop
• The Mac Box
• Ceres Truck and Trailer Repair
• GV Handyman
• Central Valley Truck
• Padilla Jewelry
• Panaderia Los Olivos
• Tacos El Viejon
• Valley Premium Rentals
• Woodsprings Suites
III. Business Attraction Efforts:

Sent emails and conducted cold calls to retailers/brokers and developers that may be interested in establishing a business in Ceres.

IV. Developer Meetings
Met with multiple developers and commercial brokers to discuss commercial development and residential development opportunities within the city of Ceres.

V. Local/Regional Economic Development Events/Workshops/Activities:

Attended the following Community Meetings
• Stanislaus County Opioid Coalition
• Hot Air Balloon
• Urban County Meeting
• ESG Monthly meeting
• Planning & Community Development Legislative Update
• Stanislaus County Latino Chamber Meeting
• Ceres Chamber of Commerce Monthly meeting
ITEM 5a
• Howard Prep Community Award Ceremony
• City of Ceres Chambers Ag Scholarship Luncheon
Grand Opening/Ribbon Cuttings
• KW Recovery Lab
• Panda Express
• The Drip
• Woodsprings Suites
Community Workshops:
• Annual Job Fair
o 42 employers
o 442 Job seekers
▪ 197 unemployed
▪ 68 youth
▪ 21 veterans
▪ 41 employed
• Chase Financial Workshop
o How to Improve your credit score
o 15 community members attended
• Stanislaus County Consolidated Annual Performance
VI. Future Development:

City of Ceres anticipates the development of several sites • Whitmore/Morgan
• Hatch/Mitchell
• Roeding/Mitchell
• Hatch/Herndon
Businesses: Retail, Gas Station, Carwash and food to name a few.

VII. Downtown Redevelopment:

A community discussion with downtown business regarding capital improvement project and potential incentives for downtown businesses. Community members suggested looking at potential outdoor seating.

Downtown is pending Three new businesses
VIII. Miscellaneous:

Staff will continue to post relevant stories of local economic development activities on the City’s Economic Development Facebook page, adding content in support of networking and training opportunities sponsored by the City and other community partners.

This Summary reflects the department’s ongoing commitment to fostering a vibrant local economy through proactive engagement and collaboration.

ITEM 5a
IX. Pictures of Community Events:

ITEM 5a
ITEM 5a
ITEM 5a

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: July 28, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717
SUBJECT: Public Works Monthly Report for June 2025
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

Outlined below are the significant actions performed by the Public Works Department for the month of June 2025.

FACILITY SERVICES:
• Completed 151 Facilities Maintenance work orders including: 109 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 42 preventive maintenance services.
• Continue to work in conjunction with 1 st Security and Telepath to resolve alarm issues at Public Safety and the (6) entry gates. The old system is not interfacing with the new card reader system.
• Assisted the Ceres Chamber of Commerce and Recreation with the Balloons Over the Skies event at River Bluff Regional Park on June 14, 2025. Facilities assisted with event set-up, support and tear down. This year's attendance was estimated 4,000 people.
• Assisted the Ceres Community Center/Recreation with the Concert in the Parks sees on Tuesdays for the last 4 weeks.
• Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

ITEM 5b
Maintenance activities performed by one (1) Supervisor, one (1) Senior Facilities Maintenance Worker, one (1) Facility Maintenance Workers, and four (4) Custodians.

Two vacant positions, one vacant position in Custodial and one in Facilities Maintenance.

FLEET SERVICES:

Completed 53 work orders.

Fleet, Department 20
• Performed 53 equipment/vehicle repairs
• Put in service new F-250 utility truck for Water Department • Crane and lift inspections

Fire, Department 15
• N/A

Police, Department 10
• Performed 9 Vehicle repairs
• Repair Police body damage on vehicle 10-110-20
• Replace radiator on unit 10-203-21

Streets, Department 30
• Performed 13 Vehicle and equipment repairs
• Replace bumper on 30-207-22
• Replace water tank on patch truck.

Water, Department 35
• Performed 7 Vehicle Repairs
• Service and replace hose on Vac trailer
• Put in service new F-250 utility truck
Parks, Department 40
• Perform 7 vehicle repairs
• Replace mower tire
• Replaced toro mowers drive belt pulleys and bearings

Wastewater, Department 25
• Perform 8 vehicle repairs
• Replace 2 tiers on 25-293-16
• Flat repair on 25-418-22
Facilities, Department 41
• 4 vehicle repairs
• 3 vehicle service

Emergency and non-emergency City vehicles and equipment is maintained and repaired ITEM 5b
by one (1) Supervisor, two (2) Maintenance Mechanics , one (1) Vacant Senior Fleet mechanic position.

LANDSCAPE MAINTENANCE:

Completed a total of 272 service requests in the following categories:
• Bike Path Repairs: 1
• City Grounds Maintenance: 15
• Park Landscape and Maintenance: 203
• Parks Landscape chemical usage: 250 gallons All Parks / Grounds / Dog Park • Playground and Equipment Repairs; Several playgrounds parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13
• Right of Way (ROW) Irrigation Repairs: 19 sprinklers • Right of Way Landscape area.
• Park Trees: 15 Trimmed, 12 removals.
• Customer Requests Tree or Limb Down: 9
Parks sprinklers repaired or replaced:
• Barry Grove – 3 maintenances.
• Costa Fields – 0 maintenance.
• Don Pedro – 3 vandalisms.
• Independence – 6 vandalisms.
• Dog Park – 2 maintenances.
• Neel Park – 3 maintenances.
• Persephone – 1 maintenance.
• Redwood – 2 maintenances.
• River Bluff – 9 vandalisms.
• Riverview – 1 maintenance.
• Roeding Heights – 12 maintenances.
• Sam Ryno – 2 maintenances.
• Smyrna – 4 vandalisms.
• Strawberry – 4 maintenances.
• Whitmore – 4 maintenances.

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (1), Strawberry (2), River Bluff (2), Roeding (1), Ochoa (1) Persephone (1), Smyrna (2), Don Pedro (2) Riverview (1) and Independence Park (2) By Parks crew
• Grid Prune Program Performed by West Coast Arborists (WCA):
• Grid # 3a 2024-2025 45% - Started 2/4/2025 trimmed 445 trees, 33 removals • Grid # 4 2021-2022 99% - Completed with 2,450 trees pruned. • Grid # 2 2022-2023 Started in July 2023 99% completed. • Grid # 1 2023-2024 Started in October 2023 97% completed. • Grid #5 2024 -2025 Started December 2024 98% completed with 368 trees trimmed, 27 removals on grid.

ITEM 5b
• Only doing hazard trees currently.
• Pending: 236 high risk, 18 removals, and 96 inspect for trims.

Grounds

Rights of Way (ROWs):
• River Road: backflow replacement scheduled with water division. Currently water is shut off at River and Canyon Falls.
• Whitmore Mansion and Museum: mowed both sites.
• Repaired bollards and fence on bike trail on Moore Rd. north of Service Rd.

Parks
City Parks:
• Playground fiber placement needed for River Bluff and Neel Park.

Sam Ryno:
• Reset all Scada in park.

Smyrna Park:
• Construction started to Playground update, fiber removed, and obstacle structures removed awaiting parts. Due to be finished early July.
• Temp Repair to table at skate park, vandalized may need removal. • Repaired 1 broken lateral line in planters next to covered area. • Repaired 10 trees and stakes.

Costa Fields:
• Needs 1 valve to be replaced.

Neel Park:
• No update
Roeding Park:
• Flushed Well due to sand sediment.
• Repaired two portions of the fence at tennis nets.
• Changed 12 sprinklers due to sand.

Independence Park:
• Playground closed due to Fire.
• Fixed fence due to vandalism.

Riverview Park:
• No update
River Bluff Park:
• Repaired gate at entrance to Lower three times.
• Playground area - replaced 6 sprinklers due to vandalism. • Trimmed 11 trees.
• Mowed Lower Terrace- River Bluff Park
ITEM 5b

Guillermo Ochoa Park:
• Repaired 16 trees and stakes.
• Drain installed in south side of park. Power washed area.

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

Parks Maintenance Worker, and Four (4) Park Maintenance Workers 1 Vacant Park Maintenance Worker

SOLID WASTE & RECYCLING:

• Highlights of solid waste and recycling collection by Bertolotti for June 2025:

▪ Residential…………………….… 1,119.19 tons
▪ Commercial………………………. 1,594.12 tons
▪ Illegal dump/litter abate (code enforcement) 28.92 tons ▪ Illegal dump/litter abate (Public Works staff) 2.58 tons, 20 locations ▪ Illegal dump (Bertolotti) ………. 1.19, 11 locations ▪ Bulky items…………………….… 41.78 tons,178 locations
▪ Leaf/limb ………...…………….… 7.47 tons
▪ Street Sweep………………….… 119.84 tons
▪ Residential Organics…………… 453.92 tons
▪ Commercial Organics…………. 156.67 tons
▪ Residential Recycle………….… 167.78 tons
▪ Commercial Recycle …………… 3.66 tons
▪ C&D (Construction/Demolition Debris) 0 tons ▪ Used oil…………………………… 237 gallons
▪ Used oil filter……………...……… 57
.
• There were 36 residential cart violations issued in June. • There were 2 requests for the new leaf & limb collection services offered by Bertolotti made in June.
• There were 46 leaf & limb illegal disposal (off-season) violations issued in June. • The Public Works Director and Administrative Analyst participated in a tour of the Stanislaus County Fink Road Landfill Facility to learn about the facility and changes to solid waste disposal options with the recent closing of the Covanta WTE facility. • Route Reviews were conducted on 100 residential customer accounts and 20 commercial accounts to inspect for contamination as required by SB 1383 legislation.

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

STREETS SERVICES:

• Staff responded to a total of 37 customer service requests. • Staff responded to 147 USA’s.
• Cleaned water Division lot at Sixth and North Street
• Repaired sinkhole at 2333 Sixth Street
• Deployed 2 message Boards for 5 days for Balloon Fest ITEM 5b
• Street Division is now responding to Parks division tree calls. We responded to 7 tree calls in June.
• Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr.

Maintenance Workers, (6) Streets Maintenance Operators, one (1) Street Sweeper Operator (2) part time Streets/Code Enforcement Maintenance workers.

WASTEWATER (WRRF):

• Responded to 5 customer service requests and 75 sewer problems, during working hours and after hours.
• Staff responded to 10 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• There was (0) SSO’s in June which resulted in (0) gallons spilled and recovered. • Serviced or Repaired:
• Lift Stations – 57
• WWTP Equipment – 23
• Main line sewer plugs – 0
• Aerators – 14
• Staff performed weekly landscape maintenance, weed abatement, and levee erosion control.
• Staff performed pond discing and ripping for weed abatement and pond rehabilitation.
• Staff inspected the forced main to Turlock.
• Staff cleaned 50,149 feet of sewer main line.
• Staff CCTV inspected 6,946 feet of sewer main line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), Sewer Master Plan (SMP), and Sanitary Sewer Management Plan (SSMP). Staff gathered data and attended meetings & tours regarding the Ceres Water Resource Recovery Facility upgrades.
• SCADA Integrator, Jeff Burrows, and Wastewater Staff continued integrating treatment plant controls to the new SCADA system.
• On 2 separate occasions in June communications with multiple lift stations and some treatment plant remote sites were severely impacted by an unknown source.

The 1st occasion lasted 3 days, the 2 nd lasted almost 8 days. The reporting and alarms were not able to reach our server, so the site had to be visited by an operator to confirm proper operation and collect data.
• Public Works staff and Jeff Burrows are working on a viable long -term solution to these communication issues. Loss of alarms at the lift stations could result in Sanitary Sewer Overflows and fines from the state.
• Staff attended a wastewater treatment technology tour on membrane filtration. • Staff assisted Streets Department with road closure on Mitchell Rd due to an overturned truck.
• Staff assisted with soil sampling conducted by a Geo-tech company. Checking soil stability around our treatment lagoons.
• Staff reviewed inspection footage from Cadillac and Lucchesi R&R CIP project.

ITEM 5b
• Staff checked & marked 147 USA tickets, which took 21 hours; preventing contractors from damaging City sewer lines.
• City of Turlock sewer usage charge for the month of May $73,465.89 • City of Modesto sewer usage charge for the month of May $144,740.84 • Effluent Biochemical Oxygen Demand (BOD) 54 mg/L.
• The Wastewater Treatment Plant treated and disposed of 70.78 MG (Million Gallons) of wastewater with an average of 2.36 MGD (Million Gallons per Day).

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

Please note there remain two (2) unfilled Wastewater Operator positions.

WATER SYSTEM MAINTENANCE:

Water, Department 35

• June 2025 well production was 125 million gallons.
• Treated Water delivered from SRWA was 149.95 million gallons. • Average water use for June was 4.17 million gallons per day. • Water staff responded to 14 customer service requests. • Water staff responded to 94 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
• Meters in water distribution system: 11,891
• Meters/radios serviced: 135
• Meters replaced: 52
• Meters upgraded from ¾”, 5/8” to 1”: 2
• New meter installations: 2
• Meters tested for accuracy: 0
• Total valves in water distribution system: 4,402
• Blow-offs and hydrants flushed: 44
• Water main leaks: 0
• Service line leaks: 4
• Service lines have been replaced: 3
• Hydrants replaced or reset: 1
• Water quality samples taken: 52
Water Conservation, Department 36

• June 2025 calculated residential gallons used per person per day: 96.25 Gal. • Annual average is 72 gallons per person per day.
• Responded to 14 water conservation service requests.
• Water portal has 427 residents registered, which is 6 more than the previous month.
• Issued courtesy notifications: 28
ITEM 5b
• Performed 0 water audits
• Delivered 102 water waste warnings and issued 7 water waste fines. • Rebates Issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
• Total Rebates YTD: 11

The graph below shows our (well) production numbers for 2020 in red compared to 2025 (well and surface water production) in green with the water reduction target of 15% in blue. For June 2025, we had an increase of 25% from the June 2020 production numbers.

Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, nine (8) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer. There is currently one vacancy for Water Distribution Operator.

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

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: July 28, 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:

Ordinance No. 2025-XXX, An Ordinance of the City Council of the City of Ceres Adding Sections 15.01.060, Public Improvements Defined, and 15.01.070, New Construction Defined, to Chapter 1, General Provisions, of Title 15, Buildings and Construction, of the Ceres Municipal Code; and Amending Sec tion 15.02.120, Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; Amended, of Chapter 2, Building Code, of Title 15, Buildings and Construction, of the Ceres Municipal Code RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt an ordinance amending Title 15, Buildings and Construction, of the Ceres Municipal Code to:

1. Add Section 15.01.060 to define "Public Improvements."

2. Add Section 15.01.070 to define "New Construction."

3. Amend Section 15.02.120 regarding the issuance of Certificates of Occupancy and the requirement for full public improvements prior to occupancy.

I. BACKGROUND:

Title 15 of the Ceres Municipal Code establishes the City's requirements for buildings and construction within the City of Ceres. Periodic updates are necessary to ensure the municipal code remains consistent with current standards, practices, and state requirements.

The proposed ordinance amendments serve to clarify and strengthen the City’s authority in requiring the installation or repair of public improvements as a condition of occupancy for new construction and significant alterations. These amendments introduce c lear definitions for "Public Improvements" and "New Construction" and ensure consistency in the application of building permit and occupancy requirements.

ITEM 6
Specifically:
• Section 15.01.060 defines “Public Improvements” to include street trees, utility services, curbs, gutters, sidewalks, and driveway approaches. • Section 15.01.070 establishes the definition of "New Construction" to cover new buildings, property development, substantial alterations, and certain change- of-use projects.
• Section 15.02.120 is amended to clarify that no final inspection or Certificate of Occupancy will be issued for new construction until all required public improvements have been completed and accepted in accordance with City standards and applicable plans.

The ordinance also provides the City Engineer discretion in certain valuation matters to address unique circumstances in project scopes.

Notice of this proposed ordinance amendment was published in accordance with applicable law, providing adequate public notice and opportunity for comment.

II. REASONS FOR RECOMMENDATION
:

The proposed ordinance amendments are necessary to:
• Ensure Public Safety and Accessibility: By requiring public improvements to be completed prior to occupancy, the City safeguards the health, safety, and welfare of the community.
• Maintain Consistency with City Standards and Planning Documents: The ordinance aligns building occupancy procedures with the City’s adopted general plan, specific plans, and engineering standards.
• Clarify Applicability: Establishing clear definitions for "Public Improvements" and "New Construction" ensures consistent application of municipal code requirements to applicable projects, reducing ambiguity for applicants and staff. • Support Infrastructure Maintenance and Growth Management: Requiring the installation and repair of public improvements as part of new development and significant alterations ensures that public infrastructure is adequately maintained and expanded in conjunction with private development.

For these reasons, staff recommends Council approval of the ordinance amendments.

III. FISCAL IMPACTS:

This ordinance does not have a direct fiscal impact on City funds.

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.

ITEM 6
V. POLICY ALTERNATIVES:

1. Reject the Ordinance

2. Modify the Ordinance
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

CEQA is not required.

IX. STEPS FOL LOWING APPROVAL:

If approved, the ordinance will go into effect in 30 days.

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

1. Attachment A – Ordinance

2. Attachment B – Municipal Code Changes with Redlines

3. Attachment C – Public Hearing Notice
ITEM 6
ITEM 6

ATTACHMENT A

ORDINANCE NO. 2025-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CERES ADDING SECTIONS

15.01.060, PUBLIC IMPROVEMENTS DEFINED, AND 15.01.070, NEW CONSTRUCTION DEFINED, TO CHAPTER 1, GENERAL PROVISIONS, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE CERES MUNICIPAL CODE; AND AMENDING SECTION

15.02.120, SECTION 111 CERTIFICATE OF OCCUPANCY; FAILURE TO COMPLY; DISCONTINUANCE OF UTILITY SERVICE; AMENDED, OF CHAPTER 2, BUILDING CODE, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE CERES MUNICIPAL CODE

WHEREAS, Title 15, Buildings and Construction, Chapter 1 General Provisions set forth the General Requirements for Buildings and Construction; and

WHEREAS, the full public improvements are defined as the absence of, and/or repair of, improvements including, but not limited to, street trees, utility services, curbs, gutters, sidewalks, and driveway approaches; and

WHEREAS, the City of Ceres requires certain upgrades for all new buildings, all new property development including parking lots, any building or structure altered or expanded in excess of fifty (50) percent of the value of such building, and alteration or expansion with a permit value in excess of the ADA valuation threshold for alterations, structural repairs, or additions to existing buildings established annually in January by the California Division of the State Architect (DSA), and any work on a building or structure to change the occupancy to a more hazardous use and which requires a building permit; and

WHEREAS, a Certificate of Occupancy will not be issued until full public improvements have been installed and/or repaired; and

WHEREAS, the proposed revisions to the municipal code will ensure that all construction is uniformly required to provide certain public improvements; and

WHEREAS, notice of this Ordinance change was published such that sufficient notice was given to interested persons of the purpose of the ordinance and the subject matter thereof.

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

SECTION 1. Section 15.01.060, Public Improvements Defined, of Chapter 1, General Provisions, of Title 15, Buildings and Construction, shall be added to read as follows:

15.01.060 Public Improvements Defined.

For the purposes of Section 15.02.120, "full public improvements" is defined as the installation of, and/or repair of, improvements including, but not limited to, street trees, utility services, curbs, gutters, sidewalks, and driveway approaches.

SECTION 2. Section 15.01.070, New Construction Defined, of Chapter 1, General ITEM 6

ATTACHMENT A

Provisions, of Title 15, Buildings and Construction, shall be added to read as follows:

15.01.070 New Construction Defined

For purposes of Section 15.02.120 "new construction" means:

A. All new buildings or structures;
B. All new property development including parking lots; C. Any building or structure altered or expanded in excess of fifty (50) percent of the value of such building structure;
D. Any alteration or expansion with a permit value in excess of the ADA valuation threshold for alterations, structural repairs, or additions to existing buildings established annually in January by the California Division of the State Architect (DSA); and,

1. The value in subsection D above shall not include any of the following items: Accessibility upgrades, rooftop solar installations, installation of fire sprinklers and maintenance items including, but not limited to, reroofing, replacement of mechanical equipment and energy efficiency upgrades.

E. Any work on a building or structure to change the occupancy to a more hazardous use and which requires a building permit.

F. The City Engineer has the discretion to make adjustments to the valuation with due cause.

SECTION 3. Section 15.02.120, Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; amended, of Chapter 2, Building Code, of Title 15, Buildings and Construction, shall be amended to read as follows:

15.02.120 Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; amended
A. Whenever a temporary certificate of occupancy is granted under the authority of t
his Code prior to final inspection and/or final corrections, the occupant, owner, and contractor shall sign a temporary certificate of occupancy prior to occupying the building, agreeing to make all corrections required and/or listed within t hirty (30) days of occupancy. If corrections are not completed within thirty (30) days, the Building Official shall have the power to request the immediate discontinuance of all services to the building or structure.

B. If any building or structure is occupied prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, the Building Official shall have the power to request the immediate discontinuance of all utility services to the building or structure.

C. Before a certificate of final inspection and/or certificate of occupancy is issued on any new construction, full public improvements shall be repaired and/or installed ITEM 6

ATTACHMENT A

and streets shall be dedicated in conformance with the standard specifications of the city and in accordance with the adopted general and specific plans and applicable plan lines of the city.

SECTION 4. EFFECTIVE DATE. This ordinance shall take effect 30 days from and after the date of its passage.

SECTION 5. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 6. PUBLICATION. This Ordinance shall be posted 10 days prior to the public hearing.

SECTION 7. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid.

SECTION 8. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a meeting of the Ceres City Council held on the 14 th day of July
2025, and passed and adopted as Ordinance No. 2025-XXXX at a regular meeting of the City Council held on the 28th day of July 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
ITEM 6
ITEM 6
Title 15 - BUILDINGS AND CONSTRUCTION
CHAPTER 01 GENERAL PROVISIONS
Ceres, California, Municipal Code Created: 2024-01-2 1 14:17:24 [EST] (S
upp. No. 2)

CHAPTER 01 GENERAL PROVISIONS

15.01.010 Adoption by reference of the California Building Standards Code.

The purpose of this title is to adopt by reference the 2019 edition of the California Building Standards Code, title 24—part 1; part 2, volumes I & II; part 2.5; part 3; part 4; part 5; part 6; part 8; part 9; part 10; and part 11 of the California Code of Regulations subject to the definitions, clarifications, and the amendments set forth in this title. The purpose of this title is also to provide minimum requirements and standards for the protection of public safety, health, property, and welfare of the City of Ceres. This chapter is adopted under the authority of Government Code section 50022.2 and Health and Safety Code section 18941.5. (Ord. No. 2020-1058 , § 1, 3-23-2020)

15.01.020 Mandatory duty of care.

This title is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
(Ord. No. 2020-1058 , § 1, 3-23-2020)

15.01.030 Savings clause.

The provisions of this title shall not affect or impair an act done or right vested or approved or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceeding, suit or prosecution shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by this Municipal Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered.
(Ord. No. 2020-1058 , § 1, 3-23-2020)

15.01.040 Administration.

California Building Code, 2019 edition, chapter 1, divisions I and II shall serve as the administrative, organization and enforcement rules and regulations of this title, unless more specific requirements are given in another adopted code. (Ord. No. 2020-1058 , § 1, 3-23-2020)

15.01.050 Liability.

ATTACHMENT B
ITEM 6
Created: 2024-01-21 14 :17:24 [EST]
(Supp.

No. 2)

This title shall not be construed as imposing upon the City, any liability or responsibility for damage resulting from defective buildings, nor shall the City, or any official or employee thereof, be held as assuming any such liability or responsibility by reason of the inspections authorized thereunder.
(Ord. No. 2020-1058 , § 1, 3-23-2020)

15.01.060 Public Improvements Defined.

For the purposes of Section 15.02.120, "full public improvements" is defined as the installation of, and/or repair of, improvements including, but not limited to, street trees, utility services, curbs, gutters, sidewalks, and driveway approaches.

15.01.070 New Construction Defined
For purposes of Section 15.02.120 "new construction" means:

A. All new buildings or structures;
B. All new property development including parking lots; C. Any building or structure altered or expanded in excess of fifty (50) percent of the value of such building structure;
D. Any alteration or expansion with a permit value in excess of the ADA valuation threshold for alterations, structural repairs, or additions to existing buildings established annually in January by the California Division of the State Architect (DSA); and,

1. The value in subsection D above shall not include any of the following items: Accessibility upgrades, rooftop solar installations, installation of fire sprinklers and maintenance items including, but not limited to, reroofing, replacement of mechanical equipment and energy efficiency upgrades.

E. Any work on a building or structure to change the occupancy to a more hazardous use and which requires a building permit.

F. The City Engineer has the discretion to make adjustments to the valuation with due cause.

15.02.120 Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Service; amended.

Section 111.5 is added to the California Building Code to read as follows California Building Code:

Section 111.5 Discontinuance of Utility Services.

ATTACHMENT B
ITEM 6
Created: 2024-01-21 14:17:25 [EST]
(Supp.

No. 2)

A. Whenever a temporary certificate of occupancy is granted under the authority of this Code prior to final inspection and/or final corrections, the occupant, owner, and contractor shall sign a temporary certificate of occupancy prior to occupying the building, agreeing to make all corrections required and/or listed within thirty (30) days of occupancy. If corrections are not completed within thirty (30) days, the Building Official shall have the power to request the immediate discontinuance of all services to the building or structure.

B. If any building or structure is occupied prior to the issuance of a certificate of occupancy or temporary certificate of occupancy, the Building Official shall have the power to request the immediate discontinuance of all utility services to the building or structure.

C. Before a certificate of final inspection and/or certificate of occupancy is issued on any new construction, full public improvements shall be repaired and/or installed and streets shall be dedicated in conformance with the standard specifications of the city and in accordance with the adopted general and specific plans and applicable plan lines of the city.
(Ord. No. 2020-1058 , § 1, 3-23-2020)

ATTACHMENT B
ITEM 6
ITEM 6

ATTACHMENT C

City of Ceres

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on July 14, 2025, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of the following: a n Ordinance of the City Council of the City of Ceres adding sections 15.01.060, Public Improvements Defined, and 15.01.070, New Construction Defined, to Chapter 1, General Provisions, of Title 15, Buildings and Construction, of the Ceres Municipal Code; and amending section 15.02.120, Section 111 Certificate of Occupancy; Failure to Comply; Discontinuance of Utility Serv ice; amended, of Chapter 2, Building Code, of Title 15, Buildings and Construction, of the Ceres Municipal Code.

The proposed ordinance clarif ies and strengthens the City’s authority in requiring the installation or repair of public improvements as a condition of occupancy for new construction and significant alterations. These amendments introduce clear definitions for "Public Improvements" and "New Construction" and ensure consistency in the application of building permits and occupancy requirements:
• Section 15.01.060 defines “Public Improvements” to include street trees, utility services, curbs, gutters, sidewalks, and driveway approaches. • Section 15.01.070 establishes the definition of "New Construction" to cover new buildings, property development, substantial alterations, and certain change-of-use projects.
• Section 15.02.120 amendments clarify that no final inspection or Certificate of Occupancy will be issued for new construction until all required public improvements have been completed and accepted in accordance with City standards and applicable plans.

The ordinance also provides the City Engineer discretion in certain valuation matters to address unique circumstances in project scopes.

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

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

If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.

/s/ Fallon Martin, City Clerk

Date Notice Posted: July 2, 2025
ITEM 6
ITEM 6
Occer occer

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: July 28, 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. 20 25-XXX, Approving a Three-Year Agreement between the Ceres Youth Soccer Organization and the City of Ceres for the Use of Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommend the Council approve a three (3) year agreement between the Ceres Youth Soccer Organization (CYSO) and the City of Ceres for use of the Ceres River Bluff Regional Park (CRBRP) and authorize the City Manager to execute the agreement.

I. BACKGROUND:

CYSO has provided youth the opportunity to play organized soccer in Ceres for over 30 years. Their program has improved the fitness of our youth and allowed them to learn discipline, sportsmanship, and teamwork. Furthermore, organized soccer improves physical coordination and, in many cases, builds lasting friendships. CYSO is a nonprofit organization that relies on volunteers to serve as the Board of Directors and coaches for all teams. CYSO has worked in cooperation with the City to help maintain the soccer fields at CRBRP, upgrade some of the aging equipment at the facility, and ensure the park is kept in good condition.

The City has, for many years, assisted CYSO for the benefit of the youth in the community and seeks to continue this relationship. CYSO wishes to conduct its soccer program in Ceres through the use of facilities owned by the City. This agreement provides both parties the ability to achieve these goals. The City will receive nominal fees based on registration fees and facility-use fees, which will help offset some of the maintenance and operation costs.

II. REASONS FOR RECOMMENDATION:

The previous agreement between CYSO and the City expired on August 1, 2025. This agreement will allow CYSO teams to have sole use of all soccer fields every Saturday ITEM 7
from July through November for their recreational league and priority use of two fields from January through April for the Bill Meyer Mini season and their Spring Competitive League.

The Parties developed an agreement between CYSO and the City for the duration of 3 years, wherein CYSO will remit $ 25.00 per registered player per year and $7 per hour, per field, for facility -use fees to the City to help offset part of the maintenance and operation costs at CRBRP.

III. FISCAL IMPACTS:

The revenue pertain to this contract is a total of registrations for the season.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increasing their involvement in creating the future of the City.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The Recreation & Public Works Departments - Parks Division - has met with the CYSO Board to develop this agreement.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

The City Manager will execute the three-year agreement with CYSO.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

ITEM 7

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A THREE-YEAR AGREEMENT BETWEEN THE CERES

YOUTH SOCCER ORGANIZATION AND THE CITY OF CERES FOR

THE USE OF CERES RIVER BLUFF REGIONAL PARK AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Ceres Youth Soccer Organization (CYSO) wishes to conduct a youth soccer program in the City of Ceres to serve the youth of the community through the use of River Bluff Regional Park Soccer Complex provided by the City; and

WHEREAS, the City of Ceres wishes to assist the youth soccer program sponsored by CYSO for the youth of the community; and

WHEREAS, CYSO has signed an agreement with the City of Ceres to implement said youth soccer program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a three -year agreement between the Ceres Youth Soccer Organization and the City of Ceres and Ceres for the use of Ceres River Bluff Regional Park 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 28th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

ATTACHMENT B

AGREEMENT BETWEEN THE CITY OF CERES

AND CERES YOUTH SOCCER ORGANIZATION

THIS AGREEMENT is made by and between the City of Ceres, hereinafter referred to as the "CITY" and CERES YOUTH SOCCER ORGANIZATION, hereinafter referred to as "CYSO",

WHEREAS, CYSO wishes to conduct youth soccer programs in Ceres to serve the youth of the community through the use of facilities owned by the CITY and

WHEREAS, the CITY wishes to assist the youth soccer program sponsored by CYSO for the benefit of the youth of the community,

NOW, THEREFORE, it is mutually agreed by and between the parties as follows:

A. RESPONSIBILITIES OF THE CITY

That in consideration of CYSO providing soccer programs for Ceres youth, the CITY shall:

1) Designate CYSO as the recognized athletic organization responsible for providing and organizing youth soccer league programs conducted within Ceres.

2) Provide CYSO with priority rights for the use of Ceres River Bluff Regional Park soccer fields hereby referred to as "CRBRP" for CYSO Recreational league year, commencing on the 3 rd Saturday in July through the 1 st Saturday in November, holidays not included, with the assumption that all schedules have been turned in by August 1st. Field practices only priorities are as follows:
1,2,3,5,6,7. No other organizations will be scheduled during this time unless there is written agreement between CYSO and the City. "Recreational League" is hereby defined as an intraclub league in which any Ceres youth may participate in sports without being denied the ability to play based on talent. "Competitive League" is hereby defined as a league where the use of tryouts, invitations, recruiting, or any other similar process that rosters players to any team based on their talent or abilities. During the months of July 1st – November (Second week of November) will be priority for Fields (games only) 1,2,3,4,5,6,7,8,9 per previous years.

CYSO registration will be booked per hour depending on age range. Unless otherwise requested.

• 4-10 = 1 Hour
• 10-12 = 1 ½ Hours
• 12-14 = 2 Hours

ITEM 7

ATTACHMENT B

3) For special event purposes and City Authorized programs , the City of Ceres will send a minimum of 30-day notice, informing all parties of upcoming events and utilization of the field or location.

4) During the months of January – March 15th, the CITY agrees to provide up to two (2) fields for the Bill Meyer Recreational Mini Season League.

5) Provide for the structural maintenance of all buildings and improvements at CRBRP.

6) The CITY agrees to prepare and maintain all fields (see section B.3 for exceptions).

7) As approved by the Recreation Manager, authorize CYSO to park up to two (2) vehicles within the complex.

8) No CITY property shall be removed from the Complex without prior approval from the Recreation Manager.

B. RESPONSIBILITIES OF CYSO

That in consideration of the right granted by the CITY to use CRBRP, CYSO shall:

1) Submit a use schedule for CRBRP by August 1st for the fall Recreational League and December 15 th for the Bill Meyer Recreational Mini Season League. CYSO will not sublet any of the soccer fields at any time.

2) All Competitive team requests for games must be submitted 30 days prior to the start date. Entire complex rental requests for tournaments must be submitted 90 days prior to the requested tournament dates. (City will be flexible)

3) Be responsible for securing nets and other field markers when in use by CYSO.

4) Maintain the CRBRP in a neat and clean manner. CYSO is responsible for picking up all litter on the soccer fields at the conclusion of a CYSO sponsored game.

5) CYSO will pay the CITY a $ 25.00 per player fee based on the number of registered players per year for their Recreation Leagues. Player fees are assessed per registered player to help offset the operation and maintenance cost associated with CRBRP. Player roster is due to the City by August 1 st.

Payment is due by the 3rd week of the fall Recreation League and the 3rd week of the Bill Meyer Recreation Mini Season League.

6) CYSO will pay the city $15.00 per hour per field reservation for all Competitive ITEM 7

ATTACHMENT B

games and practices, CYSO will pay $7.00 per hour, per field reservation for all recreational games and practices.

7) CYSO will have access to a storage space on the northwest side of the CRBRP concession stand to store soccer equipment and supplies on a year -round basis.

8) Each coach for recreation and competitive teams will be responsible for contacting the City in order to rent fields, as well as maintain and place a deposit for a field key. CYSO will ensure that coaches and children do not enter the fields unless otherwise booked.

9) Cooperate with the CITY and other recognized recreational groups to assist the CITY in funding the improvements needed as deemed appropriate. No existing improvements may be modified, or new improvements constructed by CYSO without written approval from the Public Works Director.

C. INSURANCE REQUIREMENTS

Obtain Commercial Liability coverage, which will protect the CITY and CYSO from all liability for death, injury, or property damage arising out of the use of CITY property.

The policy shall name the CITY, its officials, officers, employees and volunteers as additional insured by a separate written endorsement and shall have limits of no less than $ 2 million per occurrence for bodily injury and property damage. CYSO shall provide copies of the insurance policy and endorsements with evidence of coverage at least as broad as the Acord 25 Certificate of Liability Insurance Form . This documentation is to be provided by August 1st of each year this agreement is in effect.

D. INDEMNIFICATION

CYSO shall indemnify, defend and hold harmless the CITY and its officers, officials, employers and volunteers from and against all claims, damages, loses and expenses including attorney fees arising out of the use of the facilities described herein, caused in whole or in part by any negligent act or omission of CYSO, its officers, directors, members or volunteers or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable.

E. RULES AND REGULATIONS

1) Abide by all rules and regulation of the CRBRP Complex and this Agreement, as adopted by the CITY Council and as may be amended from time to time.

Violations of rules will result in the following consequences:

1st Violation A written warning advising CYSO of the violation ITEM 7

ATTACHMENT B

2nd Violation $100 fine
3rd Violation $200 fine (and subsequent violations)
2) A violation is any reported and verified breach of the Rules, Rates, Standards and this Agreement. The violations will be cumulative per calendar year. The CITY's Recreation and/or Public Works Department will be the determining agency.

F. TERMS OF AGREEMENT

1) The terms of this agreement shall be for a period beginning August 1, 2025, to August 1, 2028. The Parties agree that prior to the expiration of the terms of this Agreement they will meet in good faith to negotiate a new agreement.

G. GENERAL PROVISIONS

Section 1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and CYSO.

Section 2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the action and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Partie s. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

Section 3. Agreement is Voluntary. The Parties acknowledge that they have entered into this Agreement voluntarily, on the basis of their own judgment and without coercion, and not in reliance on any promises, representations, or statements made by the other Party other than those contained in this Agreement. This Agreement incorporates the entire understanding of the Parties and recites the sole consideration of the promises and agreements contained within it. The Parties have read this Agreement and are fully aware of its contents and legal effect.

Section 4. Time of Essence. Time is of the essence for this Agreement, and each section contained within this Agreement is made and declared to be a material, necessary, and essential part of this Agreement.

Section 5. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

Section 6. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement, and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements ITEM 7

ATTACHMENT B

necessary or required by the state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agree ment to which such Party is obligated, which such breach would have a material effect hereon.

Section 7. Noninterference. No Party will do anything to interfere with or inhibit the ability of the other to comply with their respective obligations under the terms of this Agreement.

Section 8. Ambiguities. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

Section 9. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

Section 10. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. The Parties will act in good faith to carry out the intent of this Agreement.

Section 11. Governing Law . This Agreement shall be governed and construed in accordance with the laws of the State of California.

Section 12. Venue. Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Stanislaus.

Section 13. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

Section 14. Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

Section 15. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

ITEM 7

ATTACHMENT B

[SIGNATURE PAGE TO FOLOW]

ITEM 7

ATTACHMENT B

The CITY shall have the right to terminate this agreement upon the failure of CYSO to perform the obligations required by the Agreement or in the event CYSO no longer provides a youth soccer program for citizens of the CITY. In the event CYSO fails to perform any of its obligations under this agreement, it shall be given thirty (30) days written notice of such failure by the CITY. If the failure to perform is not rectified within thirty (30) days of the service of said notice, the CITY may terminate this Agreement.

IN WITNESS WHEREOF, we have signed this agreement on the date set forth herein below.

DATED: DATED:

CITY OF CERES, a municipal corporation Ceres Youth Soccer Organization

By: By:

Douglas D. Dunford, City Manager CYSO President

By:

CYSO Secretary/Treasurer

APPROVED AS TO FORM:

By:

Nubia Goldstein, City Attorney
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: July 28, 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 T wo-Year Agreement between the Turlock Youth Sports Foundation Hereinafter Referred to as Ceres Youth Flag Football and the City of Ceres for the Use of the Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommend the Council approve a two (2) year agreement between the Turlock Youth Sports Foundation hereinafter referred to as Ceres Youth Flag Football (CYFF) and the City of Ceres for use of the Ceres River Bluff Regional Park (CRBRP) and authorize the City Manager to execute the agreement.

I. BACKGROUND:

Turlock Youth Sports Foundation has run successful sports programs over the last several years and want to continue to expand by having Youth organized Flag Football Leagues to the City of Ceres. Their program will improve the fitness of Ceres’ youth and allow them
to learn discipline, sportsmanship, and teamwork. Furthermore, organized football improves physical coordination and, in many cases, builds lasting friendships. Turlock Youth Sports Foundation relies on volunteers to serve as coaches for all teams. Turlock Youth Sports Foundation will work in cooperation with the City to help maintain the fields at CRBRP and ensure that the park is kept in good condition.

The City of Ceres Recreation Dept. continues to look forward to working with the Turlock Sports Foundation – CYFF to bring programs that will benefit of the youth in the community. This agreement provides both parties the ability to achieve these goals. The City will receive nominal fees based on registration fees and facility-use fees, which will help offset some of the maintenance and operation costs.

ITEM 8
II. REASONS FOR RECOMMENDATION:

This agreement will allow CYFF youth league, they will have priority use of 1 field on Saturdays from the 4th week of March through the 1st Saturday in June.

Saturdays from the 2nd week of November through the 3rd Saturday in December.

The parties developed an agreement between CYFF and the City for the duration of two (2) years, wherein CYFF and will remit the following fees for each group - A. CYFF - $10 fee per season per registered player, $15 per hour for practice (optional for teams), and a one -time $250 fee per season to help offset part of the maintenance and operation costs at CRBRP.

III. FISCAL IMPACTS:

The revenue pertain to this contract is a total of registrations for the season.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

The Recreation Department consulted with the Public Works Department regarding maintenance issues at CRBRP during the formation of the agreement with the CAFF.

VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval and direction, the City Manager will execute the two (2) year agreement with Turlock Youth Sports Foundation – CYFF.

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

1. Attachment A – Resolution

2. Attachment B – Agreement
ITEM 8

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A TWO-YEAR AGREEMENT BETWEEN THE TURLOCK

YOUTH SPORTS FOUNDATION HEREINAFTER REFERRED TO AS

CERES YOUTH FLAG FOOTBALL AND THE CITY OF CERES FOR

USE OF THE CERES RIVER BLUFF REGIONAL PARK AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Turlock Youth Sports Foundation hereinafter is now referred to as Ceres Youth Flag Football (CYFF) wishes to conduct youth flag football program in the City of Ceres to serve the youth of the community through the use of Ceres River Bluff Regional Park Soccer Complex provided by the City; and

WHEREAS, the City of Ceres wishes to assist the youth flag football program sponsored by CYFF for the youth of the community; and

WHEREAS, the Turlock Youth Sports Foundation (CYFF) has signed an agreement with the City of Ceres to implement said flag football programs; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a two -year agreement between the Turlock Youth Sports Foundation hereinafter referred to as Ceres Youth Flag Football and the City of Ceres for the use of the Ceres River Bluff Regional Park and authorize s the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________
Fallon Martin, City Clerk
ITEM 8
ITEM 8

ATTACHMENT B

AGREEMENT BETWEEN THE CITY OF CERES

AND TURLOCK YOUTH SPORTS FOUNDATION
THIS AGREEMENT is made by and between the City of Ceres, hereinafter referred to as the "CITY" and TURLOCK YOUTH SPORTS FOUNDATION, hereinafter now referred to as CERES YOUTH FLAG FOOTBALL or CYFF.

WHEREAS, CYFF wishes to conduct youth flag football programs in Ceres to serve the community through the use of facilities owned by the CITY and WHEREAS, the CITY wishes to assist the youth flag football program sponsored by CYFF for the benefit of the community,
NOW, THEREFORE, it is mutually agreed by and between the parties as follows:

A. RESPONSIBILITIES OF THE CITY
That in consideration of CYFF providing flag football programs for Ceres, the CITY shall:
1) Designate CYFF as the recognized athletic organization responsible for providing and organizing youth flag football league programs conducted within Ceres.
2) Provide CYFF with priority rights for the use of one (1) field at Ceres River Bluff Regional Park, hereby referred to as "CRBRP" for CYFF commencing on Saturdays only. Session one: T he 4th Saturday in March through the 1st Saturday in June, and the Second session starting the 2 nd Saturday in November through the 3 rd Saturday in December with Thanksgiving week being a bi-week. H olidays not included for their recreational league.

Changes outside of these listed dates will be submitted in writing as agreed upon by both parties. The "Recreational League" is hereby defined as an intraclub league in which any Ceres youth may participate in sports without being denied the ability to play based on talent. "Competitive League" for definitive purposes is hereby defined as a league where the use of tryouts, invitations, recruiting, or any other similar process that rosters players to any team based on their talent or abilities.
3) Provide for the structural maintenance of all buildings and improvements at CRBRP.
4) The CITY agrees to prepare and maintain all fields. This entails the mowing/cutting of the grass and striping of the field lines. (see section B.3 for exceptions).

ITEM 8

ATTACHMENT B

5) No CITY property shall be removed from the CRBRP without prior approval from the Recreation Manager.

B. RESPONSIBILITIES OF CYFF

That in consideration of the right granted by the CITY to use CRBRP, CYFF shall:

1) Submit a use schedule for CRBRP by March 1st for the first season and October 1 st for the second season . CYFF will not sublet any of the fields reserved under their name at any time.

2) Any teams requesting fields for practice must have their requests submitted 2 weeks prior to their start date. Dates requested outside of the designated time will have to be approved at the discretion of the Recreation Management team. If requesting fields for a tournament or anything outside the field priority scope, paperwork must be submitted a minimum of 60 days prior to the requested dates.

3) Be responsible for the setup and securing any players equipment or field markers when in use by CYFF.

4) Maintain the CRBRP in a neat and clean manner. CYFF is responsible for picking up all litter on their designated fields at the conclusion of a CYFF sponsored game.

5) CYFF will pay the CITY a $10 .00 per player fee based on the number of registered players per season for their Recreation Leagues. Player fees are assessed per registered player to help offset the operation and maintenance cost associated with CRBRP. Payment is due by the 3
rd week of the
recreational league.

• Youth Season 1 dates: The 1st Saturday in March though the 1st Saturday in June.
• Youth Season 2 dates: The 3rd Saturday in November though the 3rd Saturday in December.

6) CYFF will pay the city a fee of $250 per season to help offset the cost of the paint used for striping the field lines and markers. Payment is due by the 3 rd
week of the recreational league.

7) CYFF teams who choose to practice at CRBRP will be responsible for paying $15 per hour, per field reservatio n. CYFF understands that it is the responsibility of the individual team and not the organization to pay for the practice space.

8) Cooperate with the CITY and other recognized recreational groups to assist ITEM 8

ATTACHMENT B
the CITY in funding the improvements needed as deemed appropriate. No existing improvements may be modified, or new improvements constructed by CYFF without written approval from the Public Works Director.

C. INSURANCE REQUIREMENTS

Obtain Commercial Liability coverage, which will protect the CITY and CYFF from all liability for death, injury, or property damage arising out of the use of CITY property. The policy shall name the CITY, its officials, officers, employees, and volunteers as additional insured by a separate written endorsement and shall have limits of no less than $ 2 million per occurrence for bodily injury and property damage. CYFF shall provide copies of the insurance policy and endorsements with evidence of coverage at least as broad as the Acord 25 Certificate of Liability Insurance Form. This documentation is to be provided by February 1st of each year this agreement is in effect.

D. INDEMNIFICATION

CYFF shall indemnify, defend and hold harmless the CITY and its officers, officials, employers and volunteers from and against all claims, damages, loses and expenses including attorney fees arising out of the use of the facilities described herein, caused in whole or in part by any negligent act or omission of CYFF, its officers, directors, members or volunteers or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable.

E. RULES AND REGULATIONS

1) Abide by all rules and regulation of the CRBRP Complex and this Agreement, as adopted by the CITY Council and as may be amended from time to time. Violations of rules will result in the following consequences:

1st Violation A written warning advising CYFF of the
violation
2nd Violation $100 fine
3rd Violation $200 fine (and subsequent violations)
2) A violation is any reported and verified breach of the Rules, Rates, Standards and this Agreement. The violations will be cumulative per calendar year. The CITY's Recreation and/or Public Works Department will be the determining agency.

ITEM 8

ATTACHMENT B
F. TERMS OF AGREEMENT

1) The terms of this agreement shall be for a period beginning August 1, 2025, to August 1, 2027. The Parties agree that prior to the expiration of the terms of this Agreement they will meet in good faith to negotiate a new agreement.

The CITY shall have the right to terminate this agreement upon the failure of CYFF to perform the obligations required by the Agreement and/or in the event CYFF no longer provides a youth flag football program for citizens of the CITY. In the event CYFF fails to perform any of its obligations under this agreement, it shall be given thirty (30) days written notice of such failure by the CITY. If the failure to perform is not rectified within thirty (30) days of the service of said notice, the CITY may terminate this Agreement.

G. GENERAL PROVISIONS

Section 1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and CYFF.

Section 2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the action and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Partie s. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

Section 3. Agreement is Voluntary. The Parties acknowledge that they have entered into this Agreement voluntarily, on the basis of their own judgment and without coercion, and not in reliance on any promises, representations, or statements made by the other Party other than those contained in this Agreement. This Agreement incorporates the entire understanding of the Parties and recites the sole consideration of the promises and agreements contained within it. The Parties have read this Agreement and are fully aware of its contents and legal effect.

Section 4. Time of Essence. Time is of the essence for this Agreement, and each section contained within this Agreement is made and declared to be a material, necessary, and essential part of this Agreement.

Section 5. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

Section 6. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement, and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neith er Party hereto shall have ITEM 8

ATTACHMENT B
breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

Section 7. Noninterference. No Party will do anything to interfere with or inhibit the ability of the other to comply with their respective obligations under the terms of this Agreement.

Section 8. Ambiguities. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

Section 9. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

Section 10. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. The Parties will act in good faith to carry out the intent of this Agreement.

Section 11. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

Section 12. Venue. Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Stanislaus.

Section 13. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

Section 14. Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver o f any preceding or succeeding breach of the same or any other covenant, term, or condition.

Section 15. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

[SIGNATURE PAGE TO FOLOW]

ITEM 8

ATTACHMENT B
IN WITNESS WHEREOF, we have signed this agreement on the date set forth herein below.

DATED: DATED:

CITY OF CERES, a municipal corporation Ceres Youth Flag Football

By: By:

Douglas D. Dunford Turlock Youth Sports Foundation/CYFF City Manager President

APPROVED AS TO FORM:

By:

Nubia Goldstein
City Attorney
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: July 28, 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. 20 25-XXX, Approving a Two-Year Agreement between the Turlock Youth Sports Foundation Hereinafter Referred to as Ceres Adult Flag Football and the City of Ceres for the Use of the Ceres River Bluff Regional Park and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommend the Council approve a two (2) year agreement between the Turlock Youth Sports Foundation hereinafter referred to as Ceres Adult Flag Football (CAFF) and the City of Ceres for use of the Ceres River Bluff Regional Park (CRBRP) and authorize the City Manager to execute the agreement.

I. BACKGROUND:

Turlock Youth Sports Foundation has run successful sports programs over the last several years and want to continue to expand by having Adult organized Flag Football Leagues to the City of Ceres. Their program will improve the fitness of Ceres adult and allow them to learn discipline, sportsmanship, and teamwork. Furthermore, organized football improves physical coordination and, in many cases, builds lasting friendships.

Turlock Youth Sports Foundation will work in cooperation with the City to help maintain the fields at CRBRP and ensure that the park is kept in good condition.

The City of Ceres Recreation Dept. continues to look forward to working with the Turlock Sports Foundation – CAFF to bring programs that will benefit of the adult in the community. This agreement provides both parties the ability to achieve these goals. The City will receive nominal fees based on registration fees and facility -use fees, which will help offset some of the maintenance and operation costs.

II. REASONS FOR RECOMMENDATION:

This agreement will allow CAFF teams to have priority use of 1 field for the adult league on Sundays starting the 4th Sunday in July through the 4th Sunday in September.

ITEM 9
The parties developed an agreement between CAFF and the City for the duration of two (2) years, wherein CAFF will remit the following fees for each group - A. CAFF – 25% per team fee based on the team’s registration costs, $15 per hour for practice (optional for teams) and a one-time $250 fee per season to help offset part of the maintenance and operation costs at CRBRP.

III. FISCAL IMPACTS:

The revenue pertain to this contract is a total of registrations for the season.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the City.

V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A

V. PUBLIC PARTICIPATION:

The Recreation Department consulted with the Public Works Department regarding maintenance issues at CRBRP during the formation of the agreement with the CAFF.

VIII. ENVIRONMENTAL REVIEW:

N/A
VI. STEPS FOLLOWING APPROVAL:

Following Council approval and direction, the City Manager will execute the two (2) year agreement with Turlock Youth Sports Foundation – CAFF.

Approved by: ______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement
ITEM 9

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A TWO-YEAR AGREEMENT BETWEEN THE TURLOCK

YOUTH SPORTS FOUNDATION HEREINAFTER REFERRED TO AS

CERES ADULT FLAG FOOTBALL AND THE CITY OF CERES FOR

USE OF THE CERES RIVER BLUFF REGIONAL PARK AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Turlock Youth Sports Foundation hereinafter is now referred to as Ceres Adult Flag Football (CAFF) wishes to conduct an adult flag football program in the City of Ceres to serve the adult of the community through the use of Ceres River Bluff Regional Park Soccer Complex provided by the City; and

WHEREAS, the City of Ceres wishes to assist the adult flag football program sponsored by CAFF for the adult of the community; and

WHEREAS, the Turlock Youth Sports Foundation (CAFF) has signed an agreement with the City of Ceres to implement said flag football programs; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a two -year agreement between the Turlock Youth Sports Foundation hereinafter referred to as Ceres Adult Flag Football and the City of Ceres for the use of the Ceres River Bluff Regional Park and authorize s the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of July 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

ATTACHMENT B

AGREEMENT BETWEEN THE CITY OF CERES

AND TURLOCK YOUTH SPORTS FOUNDATION

THIS AGREEMENT is made by and between the City of Ceres, hereinafter referred to as the "CITY" and TURLOCK YOUTH SPORTS FOUNDATION, hereinafter now referred to as CERES ADULT FLAG FOOTBALL or CAFF.

WHEREAS, CAFF wishes to conduct adult flag football programs in Ceres to serve the community through the use of facilities owned by the CITY and

WHEREAS, the CITY wishes to assist the adult flag football program sponsored by CAFF for the benefit of the community,

NOW, THEREFORE, it is mutually agreed by and between the parties as follows:

A. RESPONSIBILITIES OF THE CITY

That in consideration of CAFF providing flag football programs for Ceres, the CITY shall:

1) Designate CAFF as the recognized athletic organization responsible for providing and organizing adult flag football league program conducted within Ceres.

2) Provide CAFF with priority rights for the use of one (1) field at Ceres River Bluff Regional Park, hereby referred to as "CRBRP" for CAFF commencing on Sundays only, Season starting the 4th Sunday in July through the 4th Sunday in September. Holidays are not included for the league. The CITY will provide in writing 60 days prior to what the tournament dates are. Any other changes outside of these listed dates will be submitted in writing as agreed upon by both parties. The "Recreational League" is hereby defined as an intraclub league in which any adult may participate in sports without being denied the ability to play based on talent. "Competitive League" for definitive purposes is hereby defined as a league where the use of tryouts, invitations, recruiting, or any other similar process that rosters players to any team based on their talent or abilities.

3) Provide for the structural maintenance of all buildings and improvements at CRBRP .

4) The CITY agrees to prepare and maintain all fields. This entails the mowing/cutting of the grass and striping of the field lines. (see section B.3 for exceptions).

ITEM 9

ATTACHMENT B

5) No CITY property shall be removed from the Complex without prior approval from the Recreation Manager.

B. RESPONSIBILITIES OF CAFF

That in consideration of the right granted by the CITY to use CRBRP, CAFF shall:

1) Submit a use schedule for CRBRP by the 3rd Monday in January and the 3rd Monday in June for the Adult Flag Football League. CAFF will not sublet any of the fields reserved under their name at any time.

2) Any teams requesting fields for practice must have their requests submitted 2 weeks prior to their start date. Dates requested outside of the designated time will have to be approved at the discretion of the Recreation Management team. If requesting fields for a tournament or anything outside the field priority scope, paperwork must be submitted a minimum of 60 days prior to the requested dates.

3) Be responsible for the setting up and securing any players’ equipment or field markers when in use by CAFF .

4) Maintain the CRBRP in a neat and clean manner. CAFF is responsible for picking up all litter on their designated fields at the conclusion of a CAFF sponsored game.

5) CAFF will pay the CITY a 25% per team fee based on the team’s registration costs during every Adult League. Fees are assessed per registered team to help offset the operation and maintenance cost associated with CRBRP.

Payment is due by the 3rd week of the league.

• Adult Season dates : 4th Sunday in July – 4th Sunday in September.

6) CAFF will pay the city a fee of $250 per season to help offset the cost of the paint used for striping the field lines and markers. Payment is due by the 3rd week of the season.

7) CAFF teams who choose to practice at CRBRP will be responsible for paying $15 per hour, per field reservation. CAFF understands that it is the responsibility of the individual team and not the organization to pay for the practice space.

8) Cooperate with the CITY and other recognized recreational groups to assist the CITY in funding the improvements needed as deemed appropriate. No ITEM 9

ATTACHMENT B

existing improvements may be modified, or new improvements constructed by CAFF without written approval from the Public Works Director.

C. INSURANCE REQUIREMENTS

Obtain Commercial Liability coverage, which will protect the CITY and CAFF from all liability for death, injury, or property damage arising out of the use of CITY property. The policy shall name the CITY, its officials, officers, employees, and volunteers as additional insured by a separate written endorsement and shall have limits of no less than $2 million per occurrence for bodily injury and property damage. CAFF shall provide copies of the insurance policy and endorsements with evidence of coverage at least as broad as the Acord 25 Certificate of Liability Insurance Form. This documentation is to be provided by February 1st of each year this agreement is in effect.

D. INDEMNIFICATION

CAFF shall indemnify, defend and hold harmless the CITY and its officers, officials, employers and volunteers from and against all claims, damages, loses and expenses including attorney fees arising out of the use of the facilities described herein, caused in whole or in part by any negligent act or omission of CAFF, its officers, directors, members or volunteers or anyone directly or indirectly employed by them or anyone for whose acts any of them may be liable.

E. RULES AND REGULATIONS

1) Abide by all rules and regulation of the CRBRP Complex and this Agreement, as adopted by the CITY Council and as may be amended from time to time. Violations of rules will result in the following consequences:

1st Violation A written warning advising CAFF of the
violation
2nd Violation $100 fine
3rd Violation $200 fine (and subsequent violations)
2) A violation is any reported and verified breach of the Rules, Rates, Standards and this Agreement. The violations will be cumulative per calendar year. The CITY's Recreation and/or Public Works Department will be the determining agency.

ITEM 9

ATTACHEMENT A

F. TERMS OF AGREEMENT

1) The terms of this agreement shall be for a period beginning August 1, 2025, to August 1, 2027. The Parties agree that prior to the expiration of the terms of this Agreement they will meet in good faith to negotiate a new agreement.

The CITY shall have the right to terminate this agreement upon the failure of CAFF to perform the obligations required by the Agreement and/or in the event CAFF no longer provides an adult flag football program for citizens of the CITY. In the event CAFF fails to perform any of its obligations under this agreement, it shall be given thirty (30) days written notice of such failure by the CITY. If the failure to perform is not rectified within thirty (30) days of the service of said notice, the CITY may terminate this Agreement.

G. GENERAL PROVISIONS

Section 1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and CAFF.

Section 2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the action and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Partie s. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.

Section 3. Agreement is Voluntary. The Parties acknowledge that they have entered into this Agreement voluntarily, on the basis of their own judgment and without coercion, and not in reliance on any promises, representations, or statements made by the other Party other than those contained in this Agreement. This Agreement incorporates the entire understanding of the Parties and recites the sole consideration of the promises and agreements contained within it.

The Parties have read this Agreement and are fully aware of its contents and legal effect.

Section 4. Time of Essence. Time is of the essence for this Agreement, and each section contained within this Agreement is made and declared to be a material, necessary, and essential part of this Agreement.

Section 5. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.

ITEM 9

ATTACHEMENT A

Section 6. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement, and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agre ement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.

Section 7. Noninterference. No Party will do anything to interfere with or inhibit the ability of the other to comply with their respective obligations under the terms of this Agreement.

Section 8. Ambiguities. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

Section 9. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.

Section 10. Necessary Acts and Further Assurances . The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement. The Parties will act in good faith to carry out the intent of this Agreement.

Section 11. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.

Section 12. Venue. Venue for all legal proceedings shall be in the Superior Court of California, in and for the County of Stanislaus.

Section 13. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.

ITEM 9

ATTACHEMENT A

Section 14. Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver o f any preceding or succeeding breach of the same or any other covenant, term, or condition.

Section 15. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.

[SIGNATURE PAGE TO FOLOW]

ITEM 9

ATTACHEMENT A

IN WITNESS WHEREOF, we have signed this agreement on the date set forth herein below.

DATED: DATED:

CITY OF CERES, a municipal corporation Ceres Adult Flag Football

By: By:

Douglas D. Dunford Turlock Youth Sports Foundation/CAFF City Manager President

APPROVED AS TO FORM:

By:

Nubia Goldstein
City Attorney

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: July 28, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joseph Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT:

Resolution No. 2025-XXXX, Approving a License to Use Agreement with Big Valley Grace Community Church for the Use of the Ceres Community Center and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council adopt a resolution approving the Big Valley Grace Community Church license to Use Agreement and Authorizing the City Manager to Execute the Agreement.

I. BACKGROUND:

In April 2019, the Big Valley Grace Community Church (BVG) approached the City to utilize the Ceres Community Center (CCC) for Sunday services and other church-related activities. The CCC is not open to the public on Sundays, but it is proposing to open on Sundays to continue to accommodate the BVG agreement.

Staff have worked closely with BVG to develop a plan to meet the requested needs for the use of the facility. This included the use of the CCC on Sundays for church services and Wednesdays for Use A in the Mornings and Use C in the evenings, as well as other uses when the CCC is available to the public to rent.

The terms of the agreement are for three (3) years and can be renewed annually for up to three (3) years. Below are the requested uses by the BVG with some information on each Use Area:

Use A: Weekly Sunday Church Services - $5,826.24 per month fluctuation due to how many Sundays in a month
Use of the Community Center building and parking lot:

ITEM 10
Exceptions: office areas, utility, City Council dais:
• Time Period: Sunday 5:30 am to 10:00 pm for weekly services, • Wednesday (am) 5:30 am to 9:00 am
• Wednesday (pm) 6:00 pm to 9:00 pm for bible study and breakdown of classrooms;

Use B: Storage - $1040.40 per month
Use provides for the sole and exclusive use of the Community Room (Storage – former computer lab)

Use C: Rental of Rooms – Tier 1 Resident/Nonprofit Rate The BVG can rent additional rooms from Monday through Saturday, based on the established fee schedule set by the City Council.

1. Large – 130.00 x hours used

2. Small – 80.00 x hours used

3. Classroom – 20.00 x hours used

4. Meeting Room – 35.00 x hours used
II. REASONS FOR RECOMMENDATION:

Staff is recommending the City Council approve the BVG lease for the use of the CCC for the following reasons:

1. This will allow the City to reduce the annual deficit of the CCC account significantly.

III. FISCAL IMPACTS:

The estimated revenues expected for fiscal year is $87,707.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A

ITEM 10
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, the City Manager will execute the agreement with BVG.

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – BVG Contract

ITEM 10
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A LICENSE TO USE AGREEMENT WITH BIG VALLEY

GRACE COMMUNITY CHURCH FOR THE USE OF THE CERES

COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres Recreation Department has the Ceres Community Center located at 2701 4 th Street Ceres, CA 95307 available to rent for various private and public events; and

WHEREAS, the Recreation Department and Big Valley Grace Community Church (BVG) entered a License to Use Agreement on August 1, 2025, for the use of the Ceres Community Center; and

WHEREAS, license owns and operates the Ceres Community Center located at 2701 4th Street, Ceres, CA 95307; and

WHEREAS, the Center is available for rental to customers on a reservation basis for specific one-time events; and

WHEREAS, BVG seeks a revocable license to reserve and use a portion of the Center on a recurring and long-term basis as designated in more detail herein; and

WHEREAS, as a non-profit organization, BVG recognized as a Tier 1 User at the non- profit rate per the City Council adopted rental rate schedules; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a license to use agreement with Big Valley Grace Community Church for the use of the Ceres Community Center 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 28th day of July 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

AGREEMENT BETWEEN THE CITY OF CERES AND
BIG VALLEY GRACE COMMUNITY CHURCH, INC. MODESTO, CALIFORNIA This License to Use Agreement ("License") is dated August 1, 202 5 (the "Effective Date"), by and between the City of Ceres, a California municipal corporation ("Licensor"), and Big Valley Grace Community Church, Inc. of Modesto California, a California Corporation ("Licensee").

WHEREAS, Licensor owns and operates the Ceres Community Center located at 2701 4th Street, Ceres, CA 95307 ("Center").

WHEREAS, The Center is available for rental to customers on a reservation basis for specific one-time events.

WHEREAS, Licensee seeks a revocable license to reserve and use a portion of the Center on a recurring and long-term basis as designated in more detail herein.

WHEREAS, as a Non-Profit organization, Licensee is recognized as a Tier 1 User at the Non-Profit Rate per the City Council adopted rental rate schedules.

NOW, THEREFORE, intending to be legally bound, the parties agree as follows:

1. Use. Licensor hereby grants to Licensee, its agents and contractors, a revocable license to reserve and use the portion of the Center as follows:

A. Weekly Sunday Church Services:
a. Use of Community Center building and parking lot.
i. Exceptions: office areas, utility/storage closets, and City Council dais,
ii. Time Period: Sunday 5:30 am to Sunday 10:00 pm for weekly services and Wednesday 5:30 am to 8:30 am for bible study and breakdown of classrooms.
b. Licensee shall be responsible for providing their own WIFI and internet access for the Large Assembly Room. Access to the City’s Guest WIFI will be available outside of the Large Assembly Room. c. Licensee will set up the Large Assembly Room for weekly Sunday services in exchange for $100 credit per week applied to their monthly billing invoice. Licensor will be responsible for the Large Assembly weekly Sunday tear downs and set up/tear down for other rooms used in the facility Sunday-Saturday unless otherwise agreed ITEM 10

ATTACHMENT B

on by both parties.

d. Licensee to provide Licensor with a monthly schedule at least 30 days before the start of each month for the desired access times for the purposes of scheduling Licensor staff.

e. Licensor staff are required to be present during any use.

f. Audio/Visual (AV) Equipment - Licensee is entitled to utilize any audio/visual and facility equipment for no additional fees or charges.

The licensor shall be responsible for annual routine maintenance of the equipment.
g. Center is not available for use on the first Sunday in May each year.

Licensor will work with Licensee on alternative locations, if requested.

h. If Licensee use is on a City holiday, additional fees may apply to cover staff overtime.

i. Authorized Signage:

i. Usage of Big Valley Grace Ceres branded directional signs and safety cones for parking.
ii. Big Valley Grace Ceres branded temporary pop-up tent outside the building entrance to use for welcome.
iii. Big Valley Grace Ceres branded "wrap around banners" to wrap the external entrance pillars.
iv. Usage of Big Valley Grace Ceres branded interior free- standing banner signage within the building for room
designation, directional, decoration, and promotional signage. v. Usage of the City of Ceres Community Center in name and image in promotional materials including various types of media, print, online, social media with staff approval. vi. Usage of Big Valley Grace signs are permitted to be placed and up for the Sunday use of the building but shall be removed the same day and any City of Ceres sign must be uncovered or restored.

j. Licensor will provide one staff member for eight hours during the use period, which is included in the rental charge.

i. If Licensee uses the facility more than eight hours, Licensee will be charged an hourly staff charge stated below:

1. January 1 - December 31, 2025 - $25.84 per hour

2. January 1, 2025/Future Years - Licensor will provide ITEM 10

ATTACHMENT B

future yearly cost, once Licensor has approved rates

B. Rental Rooms:
i. Licensee can rent additional dates and times of Center facilities as Tier l: Non­ Profit.

1. Can request facility use up to 13 months in advance. ii. All fees and charges will be determined by City Council approved fees and charges.
iii. No charges for A/V Equipment.

2. Term. The length of this agreement is for an initial term of three (3) years and will automatically renew annually for up to an additional three (3) years. Licensee can request in writing, no less than 90 days prior to the end of the term, an additional extension year and the term will be extended. At the Term expiration or earlier termination of this License, Licensee shall immediately:
i. remove all personal property (except personal property owned or controlled by Licensor) from the Center
ii. clean, repair, and restore the Center of any damage resulting from the Licensee’s use of the facility.

3. Consideration. As the total consideration for this License, Licensee shall pay to Licensor the License fee ("License Fee") as follows:

A. Use A - Weekly Sunday Church Services:

i. $5,826.24 per Month paid in full on the first of each month. ii. Monthly payments begin September 1, 2025.

B. Use B – Storage:
i. 1,040.40 per month
ii. Monthly Payments begin September 1, 2025.

C. Use C-Rental Rooms:

i. Billed per use to be included in next monthly billing at the City Council adopted rates of use for Tier 1 Non-Profit use.

1. Large – 130.00 x hours used

2. Small – 80.00 x hours used

3. Classroom – 20.00 x hours used

4. Meeting Room – 35.00 x hours used

ITEM 10

ATTACHMENT B

D. Facility Availability:
i. Should the Center become unavailable to Licensee for any of the above states uses, Licensor shall apply a credit for all lost time towards the following month’s billing statement as both parties would agree.

4. Security Deposit. The Licensee shall pay a security deposit of $2,500.00 prior to occupancy. This deposit will continue to roll over each year.

5. Conditions Applicable to License. This License is always subject and subordinate to all other adopted rules and policies with respect to the Center whether on record or not.

6. No Transfer or Assignment. This License is personal to Licensee. Any attempt to transfer or assign Licensee's rights or obligations under this License or any change in the ownership of Licensee shall automatically terminate this License unless Licensor agrees otherwise in writing in its sole and absolute discretion.

7. No Interference . Licensee shall not interfere with the normal operation and activities of Licensor and Licensee shall conduct its operations and activities at the Center to minimize damage to the Center and inconvenience to Licensor, its agents, employees and invitees.

8. Repair and Restoration. If Licensee, its owners, employees, agents, contractors, clients, guests/invitees, or families thereof cause any damage to Campus (including the Office Space and Parking Space) in connection with the exercise of this License, Licensee shall repair and restore it upon the earlier to occur of ten (10) days following a demand from Licensor or termination of this License. If repair, and restoration is performed following termination this License, Licensee's Indemnity and Insurance obligations in paragraphs 13 and 14 hereof shall continue until repair and restoration is completed as provided herein.

9. Breach If Licensee fails to make a full and timely payment of the License Fee or otherwise breaches any of its obligations under this License, Licensor shall provide Licensee with written notice specifying the nature of such breach.

Licensee shall have three (3) days to cure any payment failure.

10. Licensor Right to Terminate at its Sole Discretion. Licensee acknowledges that License is revocable in nature and can be terminated subject to non - payment of License Fee or any Breach of this License with approval and/or direction of the City Council.

ITEM 10

ATTACHMENT B

11. Entire Understanding; Alteration in Writing. This License voids and supersedes all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this License, including without limitation, in any email or other communication between representatives of Licensor and Licensee. No alteration or variation of this License shall be valid unless made in writing and signed by Licensor and Licensee.

12. Notice. Any notice under this License shall be in writing and addressed as follows:

i. To Licensor –
2220 Magnolia Street
Ceres, CA 95307
Attn. City Manager
ii. To Licensee -
Big Valley Grace Community Church, Inc. of Modesto
California
4040 Tully Road
Modesto, CA 95357
Attn. Business Office
iii. Courtesy Copy -
Churchwell White LLP,
1414 K Street, 3rd Floor
Sacramento, CA 95814
Attn: Douglas L. White

or to any other address as either party may indicate in a written notice to the other.

All notices and communications given under this License shall be deemed to have been duly given and received upon receipt by: (i) personal delivery, or (ii) United States certified mail, return receipt requested, postage prepaid, or (iii) Federal Express or other similarly reputable overnight courier.

13. Indemnification. Licensee shall indemnify, defend, and hold harmless the Licensor, its officers, employees, agents and volunteers ("Licensor indemnitees"), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of Licensee's performance of its obligations under this agreement or out of the operations conducted by Licensee, except for such loss or damage arising from the active negligence or willful misconduct of the City. In the event the Licensor indemnitees are a part of a party to any action, lawsuit, or other adversarial proceeding arising from Licensee's performance of this agreement, Licensee shall provide a defense to the Licensor indemnitees, or at the Licensor's option, reimburse the Licensor indemnitees their costs of defense, including reasonable legal counsels' fees, ITEM 10

ATTACHMENT B

incurred in defense of such claims.

14. General Liability Requirement. Licensee shall maintain general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Licensee's general liability policies shall be primary, non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. Alcohol is not allowed unless additional insurance is provided to include Liquor Liability Coverage.

15. Lien Free Condition. Licensee shall not cause or permit any liens to be placed against Center as a result of Licensee's exercise of rights under this License. In the event of the filing of any such liens, Licensee shall promptly cause such liens to be removed. In no event shall such lien removal require more than thirty (30) days.

16. Miscellaneous.

a. This License shall be governed by and construed under the laws of the State of California applicable to contracts made and performed therein. In the event of any dispute under this License, the parties agree to submit to the jurisdiction and venue of the state or federal courts located in Stanislaus County, California. The prevailing party in any legal action to resolve any dispute under, interpret or enforce this License shall be entitled to an award of all attorneys' fees and costs reasonably incurred in such action. In no event shall either party to this License be liable to the other party for lost profits or consequential damages, except for such lost profits or consequential damages that are the direct result of the other party's intentional or negligent actions or conduct.
b. The paragraph headings used in this License are for convenience of reference only and will not be considered in the interpretation or construction of any of the provisions thereof.
c. No waiver of compliance with any provision or condition or consent pursuant to this License will be effective unless evidenced by an instrument in writing signed by the party or parties charged therewith. d. If any terms or provisions hereof or the application thereof to any circumstances shall be found by any court having jurisdiction to be invalid or unenforceable to any extent, such term or provision shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining terms and ITEM 10

ATTACHMENT B

provisions hereof or the application of such term or provision to circumstances other than those as to which it is held invalid or unenforceable.
e. Each party represents and warrants that each of the undersigned on behalf of that party has the authority to act on behalf of such party and to bind such party and all who may claim through it to the terms and conditions of this License.
f. This License may be executed and delivered personally, by fax or by email in a PDF document format in counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same instrument.

17. Name Change of Licensee. Effective on or about January 1, 2026, Big Valley Grace Community Church, Inc. will begin operating under the name Valley Grace Community Church. This change is in the name only and shall not be deemed an assignment or transfer of this License. Valley Grace Community Church will continue to operate as a ministry of Big Valley Grace Community Church, Inc. until such time that it is legally and fully capable of operating as an independent entity. All rights, obligations, and responsibilities set forth in the agreement shall remain in full force and effect under the new name. Licensee shall provide written notice to Licensor upon the formal implementation of the name change, including any updated legal and insurance documentation as requested and required by the Licensor.

ITEM 10

ATTACHMENT B

IN WITNESS WHEREOF, the parties have executed this License to Use Agreement on the day and year first above written.

Licensor: Licensee:

City of Ceres Big Valley Grace Community Church, INC. of Modesto, California

By: _________________________ By: ______________________________ Douglas D. Dunford, City Manager Name: Tim Giannosa Title: President

By: ______________________________
Name: John Fraioli
Title: Treasurer
Approved to as form:

By: _________________________
Nubia Goldsmith, City Attorney

Attest:

By: __________________________
Fallon Martin, City Clerk

ITEM 10

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: July 28, 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 a Construction Contract with D.A. Wood Construction, Inc. for Parkside Estates, Woodacres, and 6 th Street Water Main and Service Replacement Project (Project No. 2524), Approving a 10% Contingency, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to approve a construction contract with D.A. Wood Construction, Inc. in the amount of $ 2,056,699 for the Parkside Estates, Woodacres, and 6 th Street Water Main and Service Replacement Project (Project No. 2524), authorizing a 10% contingency of $205,670, and authorizing the City Manager to execute the contract.

I. BACKGROUND:

The work to be performed includes, but is not limited to, replacing aging water pipelines, water meters, valves, and hydrants within two neighborhoods, with one neighborhood consisting of three (3) alternates.

The project locations for the base bid and respective alternates are as follows:
• Base bid is bordered by Caswell Avenue to the north, Moffett Road to the east, E.

Whitmore Avenue to the south, and 5th Street to the west. • Bid alternate 2A is bordered by Fowler Road to the north, Robin Drive to the east, Bluebird Drive to the south, and Rose Avenue to the west. • Bid alternate 2B is bordered by Hummingbird Drive to the north, Cardinal Drive to the east, Garrison Street to the south, and Rose Ave to the west. • Bid alternate 2C is bordered by Fowler Road to the north, Mitchell Road to the east, Garrison Street to the south, and Robin Drive/Cardinal Drive to the west.

ITEM 11
After receiving D.A. Wood Construction, Inc. bid, the City is requesting to construct the Base Bid and Bid Alternate “2C”. Bid Alternate “2C” was selected over Alternates “2A” and “2B” due to “2C” having an older more problematic system.

II. REASONS FOR RECOMMENDATION:

The City solicited the bid package for construction on June 11, 2025, with the bid due on July 10, 2025. The City received six total bids on the due date.

D.A. Wood Construction Inc. was the lowest and responsive bidder.

III. FISCAL IMPACTS:

This project is included in the City’s 5-Year Capital Improvement Program . Funding is available in the following project accounts:
• 52795.800500 (2524) – $867,823.94
To fully fund the construction contract, contingency, construction support, materials testing, and staff time, the following budget adjustments are recommended:
• Appropriate $1,579,647.91 from 52795.800500 to 52795.800500 (2524) • Transfer funds from 52795.800500 (2515) – $20,568.09
A Budget Amendment Request is attached as Attachment B.

This project does not use funds from the General Fund.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first goal of the Strategic Plan:

Infrastructure: Ensure that the community has adequate, well-maintained infrastructure that fosters a quality community and supports a strong economy.

V. POLICY ALTERNATIVES:

The City Council may consider the following alternatives:

1. Reject all bids and direct staff to re-advertise the project.

2. Reject all bids and direct staff to revise the project scope prior to re-bidding.

Either alternative would delay project delivery and potentially increase costs.

VI. INTERDEPARTMENTAL COORDINATION:

The Engineering and Public Works Department have coordinated on this project.

ITEM 11
VII. PUBLIC PARTICIPATION:

The City and Contractor will provide advance public notification through door-to-door notices and posted signage alerting residents and motorists of upcoming construction activities in the project areas.

VIII. ENVIRONMENTAL REVIEW:

The project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (b), (c), and (d) for maintenance and restoration of existing facilities.

IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, staff will:

1. Execute the construction contract with D.A. Wood Construction, Inc.

2. Process the associated budget amendment.

3. Contract with an On-Call Testing and Inspection Firm.

4. Conduct a pre-construction meeting.

5. Issue a Notice to Proceed to the contractor.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment Form

3. Attachment C – Budget Transfer Form

4. Attachment D – Contract

5. Attachment E – Bid Results
ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A CONSTRUCTION CONTRACT WITH D.A. WOOD
CONSTRUCTION, INC. FOR PARKSIDE ESTATES, WOODACRES,
AND 6TH STREET WATER MAIN AND SERVICE REPLACEMENT
PROJECT (PROJECT NO. 2524), APPROVING A 10% CONTINGENCY,

APPROVING A BUDGET AMENDMENT, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Engineering Services Department went for public bid and the lowest responsive bid received was from D.A. Wood Construction Inc., in the amount of $2,056,699; and

WHEREAS, it is necessary and appropriate to include a construction contingency in the amount of 10%, or $ 205,670, to address any unforeseen project costs, along with an additional 10 %, in the amount of $205,670, for testing services, engineering administration, and inspections, resulting in a total construction authorization of $2,468,039; and

WHEREAS, the Parkside Estates, Woodacres, and 6 th Street Water Main and Service Replacement Project was included in the Capital Improvement Project List; and

WHEREAS, construction funds are allocated and available in account number and 52795.800500 (2524) in the amount of $867,823; and

WHEREAS, it is necessary and appropriate to approve a budget amendment appropriating $1,579,647.91 from account 52795.800500 to fund the construction agreement amount, contingency, geotechnical services, construction support, and any unforeseen services required to complete the project scope; and

WHEREAS, it is further necessary and appropriate to approve a budget transfer in the amount of $20,568.09 from account 52795.800500 (2515) to provide additional funding for the construction agreement amount, contingency, geotechnical services, construction support, and any unforeseen services needed to complete the project scope.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a construction contract with D.A. Wood Construction, Inc. for Parkside Estates, Woodacres, and 6 th Street Water Main and Service Replacement Project (Project No. 2524), approves a 10% contingency, approves a budget amendment, and authorizes the City Manager to execute the contract.

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

ITEM 11

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 11
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 11
ITEM 11

ADMINISTRATIVE BUDGET AMENDMENT

TRANSFER OF FUNDS

FROM ONE ACCOUNT TO ANOTHER
BA #
DATE: ___________
TO: Finance Department
FROM:

Transfer appropriations from:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Total
Transfer appropriations to:

Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Total
JUSTIFICATION: This administrative budget transfer
______________________________________
Department Head Date
______________________________________
Finance Director Date
City Manager Date
ITEM 11
ITEM 11

CITY OF CERES

CONSTRUCTION CONTRACT
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET WATER MAIN AND SERVICE RE

PLACEMENT PROJECT
PROJECT NO. 2524

1. P ARTIES AND DATE.

This Contract is made and entered into this 28 day of July, 2025 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and D.A. Wood Construction, Inc., a corporation with its principal place of business at 963 Shepard Court Oakdale, California 95361 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

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

2.3 Project. City desires to engage Contractor to render such services for the Parkside Estates, Woodacres, and 6 th Street Water Main and Service Replacement Project (“Project”) as se
t forth in this Contract.

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

3. T ERMS

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

ATTACHMENT D
ITEM 11
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

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

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

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

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

ATTACHMENT D
ITEM 11
The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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

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

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Three Thousand and Six Hundred Dollars ($3,600.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

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

ATTACHMENT D
ITEM 11
additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One Million One Hundred and Sixty One Thousand Nine Hundred and Ninety Six Dollars ($1,161,996.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

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

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

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any

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

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

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

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

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

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

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

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

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

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

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

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Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

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

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City,

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or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

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

3.10 Claims; Government Code Claim Compliance.

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

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

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

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

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

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

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

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that

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taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.12 Indemnification.

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

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

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

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

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

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

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

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

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

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

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s

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Liability: Workers’ compensation limits as required by the Labor Code of the State of California.

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

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

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

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

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

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

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

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

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

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

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

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

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

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

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

3.14 Bond Requirements.

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

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

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

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

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

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

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

3.16 Employee/Labor Certifications.

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

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

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

3.17 General Provisions.

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

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any

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other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

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

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

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

CONTRACTOR:

D
.A. Wood Construction, Inc.
963 Shepard Court
Oakdale, California 95361
Attn: Danny A. Wood

CITY:

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

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

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment

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or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no i ntended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

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

3.17.13 [Reserved]

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

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

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

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the

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date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

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

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

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

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

[SIGNATURES ON NEXT PAGE]

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Signature Page for CONSTRUCTION CONTRACT
Between the City of Ceres
and D.A.Wood Construction, Inc.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the _____th d
ay of ______________________, 2025.

CITY OF CERES D.A. Wood Construction, Inc.

B
y: By:

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin, City Clerk

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1 SECTION 1 GENERAL PROVISIONS

1-1 General

1-1.01 Scope of work
The Work to be performed is included in the Notice Inviting Bids, N-2 Description of Work. Such other items or details not mentioned above, that are required by the drawings, and technical specifications, or the following special conditions shall be performed, placed, constructed or installed.

1-1.02 Performance
The Contractor shall furnish all labor, materials, tools, equipment, incidentals, and do all work described in the Plans and these Special Provisions.

1-1.03 Coordination/cooperation
The Contractor shall notify the Engineer at (209) 538-5792 at least three (3) working days before the tentative starting date.

The Contractor shall be responsible for contacting and coordinating with all utility companies, including the City, with regards to the location of existing underground facilities in the construction area. The Contractor shall call Underground Service Alert at 811, at least 2 working days before commencement of underground work for location of underground facilities.

Utility facilities damaged, temporarily disconnected, or relocated as a result of construction shall be repaired/reconnected as directed by the governing utility at the Contractor's expense.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

1-1.04 Inspection of site
The Contractor shall inspect the work site and note all existing conditions before submitting a bid for this project. A site tour is scheduled immediately following the pre-bid meeting if requested.

1-2 Permits, Bonds, Licenses, & Insurance
This section outlines the requirements for all permits, bonds, licenses, and insurance, as specified in the City of Ceres Approved 2018 Standard Specifications and Design, Section 1-7.05 (Permits and Licenses) and Section 1-7.14 (Insurance Requirements). The contractor is responsible for securing and maintaining these items in compliance with all city, state, and project-specific regulations.

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2 1-2.01 Requirements

1. Permits and Licenses: The contractor shall secure all required permits and licenses as outlined in City of Ceres specifications Section 1-7.05, including permits related to encroachment, construction, and any other applicable local or state requirements.

2. Bonds: Bonds, including performance, payment, and maintenance bonds, are required as per Section 1-2.03 of the Ceres specifications, covering 100% of the contract price.

3. Insurance: All required insurance policies, including general liability, automobile liability, and worker’s compensation, must comply with Section 1-7.14 of the City specifications.

Policies shall list the City of Ceres as an additional insured and include a waiver of subrogation.

1-2.02 Measure and Payment
Full compensation for conforming to the requirements of this section, including covering all expenses associated with acquiring, maintaining, and providing proof of all required permits, bonds, licenses, and insurance shall be considered as included in the lump sum bid price for “Permits, Bonds, Licenses, & Insurance”. No additional compensation will be provided for costs related to renewals or maintaining compliance with City, state, or project-specific requirements throughout the project duration.

1-3 Public Convenience and Safety
The Contractor shall be responsible for all the provisions outlined in City of Ceres specifications Section 1-7.12, including issuance of all notices necessary for prosecution of the work.

Public Notification - Contractor shall provide to the City, as a submittal, and after receiving a favorable response will deliver by hand a written notice to each owner and/or resident of property, business, school, and church located within and adjacent to the job site, 2 weeks, 1 week, and 24 hours prior to the start of work. The notice shall describe the work, the anticipated duration of the work, the name and address of the Contractor, and the telephone number to call for more information.

Contractor shall be responsible for notifying Public Safety (Ceres Police & Fire), Ceres School District, all schools within and adjacent to project area, the U.S. Postal Service, collection services for trash and garbage, and bus transit services to maintain existing schedules for these services.

1-3.01 Construction Area Signs
Construction area signs and traffic cones shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, "Temporary Traffic Control," of the State Specifications, and these Special Provisions. Specifically included in this item are all detour signage.

The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least two (2) working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include, but not limited to the following:

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3 Notification Center Telephone
Underground Service Alert (USA) 811
(Northern California)
All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined that there were no utility facilities in the area of the proposed post holes.

Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under “Prequalified and Tested Signing and Delineation Materials” elsewhere in these Special Provisions.

Type IV reflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under “Prequalified and Testing Signing and Delineation Materials” elsewhere in these Special Provisions.

The term “construction area signs” shall also include temporary object markers required for the direction of public traffic through or around the work during construction. Object markers listed or designated on the plans as construction area signs shall be considered to be signs and shall be furnished, erected, maintained and removed by the Contractor in the same manner specified for construction area signs and the following:

Object markers shall be stationary mounted on wood or metal posts in accordance with the details shown on the plans and the requirements in Section 82, “Markers and Delineators,” of the Standard Specifications.

Marker panels for Type N, Type P and Type R object markers shall conform to the requirements for sign panels for stationary mounted signs.

Target plates for Type K and Type L object markers and posts, reflectors and hardware shall conform to the requirements in said Section 82, but need not be new.

When a street section is to be closed, it shall be solidly barricaded, and signs shall be posted at the closure points indicating “Street Closed.”
Full cost of providing and removing construction area signs shall be borne exclusively by the Contractor and shall be considered as included in the contract lump sum price for Item 10-1.07, “Public Convenience & Safety.”

1-3.02 Maintaining Traffic
Attention is directed to Section 7-1.03, "Public Convenience," Section 7-1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the State Specifications. Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in Section 7-1.04 of the State Specifications.

All traffic cones used for night lane closures shall have reflective cone sleeves as specified in the specifications. One (1) 12-foot wide traffic lane must be open at all times.

The second and third paragraphs of Section 12-3.10, “Traffic Cones,” of the State Standard Specifications are amended to read:

The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project.

Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control System for Lane Closure.”

ATTACHMENT D
ITEM 11

4 Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

The Contractor shall notify local authorities of its intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of parked vehicles.

The Contractor shall provide access to all businesses and residences within the construction zone at all times throughout the project. When the work requires the closing of a business driveway or other entrance, the Contractor shall post signs directing the public to the most convenient access to the business.

The Contractor shall provide access to all private driveways when construction is not actively in progress. Access to driveways fronting the construction area shall not be hindered or blocked for time periods greater than 4 hours without notifying the property owner or tenant in writing 24 hours prior to blockage.

The Contractor shall provide safe public access around the work site in accordance with the American Disabilities Act requirements during the work.

Whenever vehicles or equipment are parked on the shoulder within six feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25- foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags.

The flag tree shall be placed where directed by the Engineer.

When the Contractor’s operations create a condition hazardous to traffic or to the public, he shall furnish, erect and maintain, at his expense and without cost to the City, such fences, barricades, lights, signs and other devices as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen, provided with the necessary equipment kept clean and in good condition by the Contractor at his expense, as may be necessary to give adequate warning to traffic or to the public that the roadway is under construction or of any dangerous conditions to be encountered. The flagmen shall perform their duties and their work of furnishing and placing such signs, lights, flags and other warning and safety devices as set forth in the current “Work Area Traffic Control Handbook” as published by the Building News, Inc., Los Angeles, California.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated its written approval. All other modifications will be made by contract change order.

Full cost of conforming to this section shall be considered as included in the contract lump sum price for “Public Convenience and Safety.”
1-3.03 Traffic Control System for Lane Closure
A traffic control system shall be provided by the Contractor and shall be in accordance with the provisions of Section 12, "Temporary Traffic Control," of the State Specifications, the provisions under "Maintaining Traffic" elsewhere in these Special Provisions.

ATTACHMENT D
ITEM 11

5 The provisions in this section shall not relieve the Contractor from its responsibility to provide such additional devices, or take such measures as may be necessary, to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications.

Prior to any lane closures, it shall be the responsibility of the Contractor to provide 72-hour notice to the City and obtain City approval of the lane closure. Failure to notify the City in a timely manner is cause for the City to prevent the lane closure.

Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper.

If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component, and shall restore the component to its original location. Full cost of providing flaggers shall be borne exclusively by the Contractor.

The Contractor shall submit a traffic control plan and approved by the City Engineer prior to commencing any work.

1-3.04 Protection of the Work
To minimize traffic congestion during the resurfacing operation, the work shall be done in stages.

Residents with driveways within the closed section shall be notified at least 24 hours in advance of closure via door hangers and signs within the limits of the project.

Barricades and signs and their cost of replacement, the cost of flagmen necessary for the protection of the work and the public and costs of notification of affected residents will be considered as included in the contract price paid for bid items shown in the proposal, and no separate payments shall be made.

Payment for "Public Convenience and Safety," shall be at the contract lump sum price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.

1-4 Water Pollution Control (SWPPP and BMP)
It shall be the responsibility of the Contractor to comply with all of the requirements of the latest NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No. 2009-0009-DWQ, NPDES No. CAS000002) hereinafter called the "Permit" and standard industry practice.

This includes, but is not limited to, preparing plans and application, maps as well as all necessary reporting on the SWQCB's Storm Water Multiple Application and Report Tracking System (SMARTS System). The Contractor, working with their certified Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), will determine what would be the best course of action to comply with the latest State NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009-0009- DWQ. If the Contractor's QSD determines a SWPPP is the best course of action, it shall be the responsibility of the Contractor and their QSD to submit to Construction Management a completed SWPPP for review. Upon acceptance of the SWPPP document by Construction Management, the QSD shall

ATTACHMENT D
ITEM 11

6 prepare a Notice of Intention (NOI) application in the SWQCB's SMARTS System and upload all necessary documents and maps to be approved by the Legally Responsible Person (LRP). Until a written approval of the SWPPP has been obtained from the SWQCB, no construction activity shall commence on the project site. Upon obtaining written approval of the SWPPP, it shall be the responsibility of the Contractor to implement the SWPPP. Throughout the course of the project, the Contractor's Qualified SWPPP Practitioner (QSP) shall conduct periodic inspections, testing, any reporting on the SMARTS System as well as coordinate with the QSD to update the SWPPP as necessary. At the conclusion of construction, it shall be the responsibility of the Contractor and his or her QSD/QSP to ensure Annual Report(s) have been prepared on the SMARTS System as well as prepare the Notice of Termination (NOT) for City's approval. The Contractor shall keep a copy of the approved SWPPP, and amendments thereto, at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to Construction Management copies of all amendments to the SWPPP as prepared by the Contractor. The SWPPP shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S. Environmental Protection Agency. Requests by the public shall be directed to the Engineer.

If the Contractor and/or his/her QSD determines that a SWPPP is not necessary, then it shall be the responsibility of the Contractor to provide a list of Best Management Practices (BMP) that are to be implemented during the Work to Construction Management. The Contractor shall implement the BMP in a timely manner and maintain throughout the duration of the project. The Contractor shall keep a copy of the BMP list and any modification to the list at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to the City copies of all modifications to the BMP list. The BMP list shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S. Environmental Protection Agency.

Requests by the public shall be directed to Construction Management.

Notice of violation and/or fines for any non -compliance will be the responsibility of the Contractor.

Manage work activities to reduce the discharge of pollutants to surface waters, groundwater, or municipal separate storm sewer systems including work items shown in the Bid Item List for:

1. Prepare Storm Water Pollution Prevention Plan. SWPPP preparation includes obtaining SWPPP approval, amending the SWPPP, preparing a CSMP and a SAP, and monitoring and inspecting WPC practices at the job site.

2. Storm Water Annual Report. Storm Water Annual Report preparation includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance.

3. Storm Water Sampling and Analysis Day. Storm Water Sampling and Analysis Day includes reporting of storm water quality per qualifying rain event. If specified for the risk level, the work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents.

4. Rain Event Action Plan. If specified for the project risk level, REAP preparation includes preparing and submitting REAP forms and monitoring weather forecasts.

Do not start work until:

1. SWPPP is approved by the City.

2. SWPPP is uploaded onto the SMART System.

ATTACHMENT D
ITEM 11

7 3. WDID is issued.

4. SWPPP review requirements have been fulfilled. If the RWQCB requires time for SWPPP review, allow 30 days for the RWQCB to review the SWPPP as specified under "Submittals" of these special provisions.

This project is anticipated to be Risk Level 1.

1-4.01 Definitions and Abbreviations
• active and inactive areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 days, and (2) Inactive areas are areas that have not been disturbed for at least 15 days.
• BMPs: Best Management Practices are water pollution control practices. • construction phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Plant Establishment including maintenance on vegetation installed for final stabilization, and (3) Suspension where work activities are suspended and areas are inactive.
• CSMP: Construction Site Monitoring Program.
• NAL: Numeric Action Level.
• NEL: Numeric Effluent Limit.
• NPDES: National Pollutant Discharge Elimination System. • NOI: Notice of Intent.
• Normal working hours: The hours you normally work on this project. • Preparation Manual: The Department's "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual."
• QSD: Qualified SWPPP Developer.
• QSP: Qualified SWPPP Practitioner.
• Qualified rain event: A qualified rain event is a storm that produces at least 0.5 inch of precipitation with a 48 hour or greater period between storms. • REAP: Rain Event Action Plan.
• RWQCB: Regional Water Quality Control Board.
• SAP: Sampling and Analysis Plan.
• SSC: Suspended Sediment Concentration.
• SWRCB: State Water Resources Control Board. SWPPP: Storm Water Pollution Prevention Plan. WDID: Waste Discharge Identification Number. WPC: Water Pollution Control.
• WPC Manager: Water Pollution Control Manager. The WPC Manager implements water pollution control work described in the SWPPP and oversees revisions and amendments to the SWPPP.

1-4.02 Submittals
Within 20 days after contract approval, start the following process for SWPPP approval:

1. Submit 3 copies of the SWPPP and allow 20 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.

2. Change and resubmit the SWPPP within 15 days of receipt of the Engineer's comments.

The Engineer's review resumes when the complete SWPPP is resubmitted.

ATTACHMENT D
ITEM 11

8 3. When the Engineer approves the SWPPP, submit an electronic and 4 printed copies of the approved SWPPP.

4. If the RWQCB reviews the approved SWPPP, the Engineer submits one copy of the approved SWPPP to the RWQCB for their review and comment. RWQCBs requiring time to review SWPPPs include:

5. If the Engineer requests changes to the SWPPP based on RWQCB comments, amend the SWPPP within 10 days.

Submit:

1. Storm water training records including training dates and subjects for employees and subcontractors. Include dates and subjects for ongoing training, including tailgate meetings.

2. Employee training records.

2.1. Within 5 days of SWPPP approval for existing employees

2.2. Within 5 days of training for new employees

2.3. At least 5 days before subcontractors start work for subcontractor's employees

Prepare a Storm Water Annual Report for the reporting period from July 1st to June 30th. For the prior reporting period, submit the report no later than July 15th if construction occurs from July 1st through June 30th or within 15 days after contract acceptance if construction ends before June 30th.

Submit the Storm Water Annual Report as follows:

1. Submit 2 copies of the Storm Water Annual Report and allow 10 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.

2. Change and resubmit the Storm Water Annual Report within 5 days of receipt of the Engineer's comments. The Engineer's review resumes when the complete Storm Water Annual Report is resubmitted.

3. When the Engineer accepts the Storm Water Annual Report, insert the WPC Manager's signed certification and the Engineer's signed certification.

Submit one electronic copy and 2 printed copies of the accepted Storm Water Annual Report.

Submit as required:

1. Visual Monitoring Reports

2. Inspection Reports

3. BMP Status Report

At least 5 days before operating any construction support facility, submit:

1. A plan showing the location and quantity of WPC practices associated with the construction support facility.

2. A copy of the NOI approved by the RWQCB and the SWPPP approved by the RWQCB if you will be operating a batch plant or a crushing plant under the General Industrial Permit.

1-4.03 Quality Control and Assurance Training
Provide storm water training for:

ATTACHMENT D
ITEM 11

9 1. Project managers

2. Supervisory personnel

3. Employees involved with WPC work

Train all employees, including subcontractor's employees, in the following subjects:

1. WPC rules and regulations

2. Implementation and maintenance for:

2.1. Temporary Soil Stabilization

2.2. Temporary Sediment Control

2.3. Tracking Control

2.4. Wind Erosion Control

2.5. Material pollution prevention and control

2.6. Waste management

2.7. Non-storm water management

2.8. Identifying and handling hazardous substances

2.9. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances

Employees must receive initial WPC training before working on the job site. Conduct weekly training meetings covering:

1. WPC BMP deficiencies and corrective actions

2. BMPs that are required for work activities during the week

3. Spill prevention and control

4. Material delivery, storage, use, and disposal

5. Waste management

6. Non-storm water management procedures

Training for personnel to collect water quality samples must include:

1. SAP review

2. Health and safety review

3. Sampling simulations

A Storm Water Information Handout has been prepared for this contract and is available as described in "Supplemental Project Information" of these special provisions.

If you operate construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC practices.

Construction support facilities include:

1. Staging areas

2. Storage yards for equipment and materials

3. Mobile operations

4. Batch plants for PCC and HMA

5. Crushing plants for rock and aggregate

6. Other facilities installed for your convenience such as haul roads

ATTACHMENT D
ITEM 11

10 If you operate a batch plant to manufacture PCC, HMA, or other material; or a crushing plant to produce rock or aggregate; obtain coverage under the General Industrial General Permit. You must be covered under the General Industrial Permit for batch plants and crushing plants located:

1. Outside of the job site

2. Within the job site that serve one or more contracts

Discharges from manufacturing facilities such as batch plants must comply with the general waste discharge requirements for Order No. 97 -03-DWQ, NPDES General Permit No. CAS000001, issued by the SWRCB for "Discharge of Stormwater Associated with Industrial Activities Excluding Construction Activities." For the General Industrial Permit, go to:

http://www.waterboards.ca.gov/

You may obtain copies of the Preparation Manual from the Publication Distribution Unit. The mailing address for the Publication Distribution Unit is:

State of California
Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815
Telephone: (916) 445-3520

The Preparation Manual and other WPC references are available at the Department's "Construction Storm Water and Water Pollution Control" Web site. For the Web site, go to:

http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm

1-4.04 Water Pollution Control Manager
Assign one WPC Manager to implement the SWPPP. The WPC Manager must comply with the Permit qualifications for a QSP and a QSD. You may assign a different QSD to prepare the SWPPP.

The QSD must have the following qualifications:

1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" website

2. Registration or certification described in the Permit

The QSP must meet the qualifications of the QSD or have the following certifications:

1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" website

2. Certification described in the Permit

At the job site, the WPC Manager must:

1. Be responsible for WPC work

2. Be the primary contact for WPC work

3. Oversee the maintenance of WPC practices

4. Oversee and enforce hazardous waste management practices

ATTACHMENT D
ITEM 11

11 5. Have the authority to mobilize crews to make immediate repairs to WPC practices

6. Ensure that all employees have current water pollution control training

7. Implement the approved SWPPP and amend the SWPPP when required

WPC Manager must oversee:

1. Inspections of WPC practices identified in the SWPPP

2. Inspections and reports for visual monitoring

3. Preparation and implementation of REAPs

4. Sampling and analysis

5. Preparation and submittal of:

5.1. SWPPP annual certification

5.2. Annual reports

5.3. BMP status reports

1-4.05 Storm Water Pollution Prevention Plan (SWPPP)

SWPPP work includes preparing a SWPPP including a CSMP, obtaining SWPPP approval, amending the SWPPP, inspecting and reporting on WPC practices at the job site. The SWPPP must comply with the Preparation Manual and the Permit. The SWPPP must be submitted in place of the water pollution control program under Section 13-2, "Water Pollution Control Program," of the Standard Specifications.

Additional WPC work will be paid for as extra work under Section 4 -1.05, "Changes and Extra Work," of the Standard Specifications.

The SWPPP must include sections as specified for the project risk level as follows:

1. For risk level 1:

1.1. Schedule

1.2. CSMP

The SWPPP must include WPC practices for:

1. Storm water and non-stormwater from areas outside of the job site related to project work activities such as:

1.1. Staging areas

1.2. Storage yards

1.3. Access roads

2. Activities or mobile operations related to contractor obtained NPDES permits

3. Construction support facilities

The SWPPP must include a copy of permits obtained by the Department such as Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse.

Amend the SWPPP annually and resubmit it by July 15th. Amend the SWPPP if:

1. Changes in work activities could affect the discharge of pollutants

2. WPC practices are added by change order work

3. WPC practices are added at your discretion

4. Changes in the amount of disturbed soil are substantial

ATTACHMENT D
ITEM 11

12 5. Objectives for reducing or eliminating pollutants in storm water discharges have not been achieved

6. There is a Permit violation

Whenever you amend the SWPPP, follow the same process specified for SWPPP approval.

Retain a printed copy of the approved SWPPP at the job site.

SWPPP Schedule
The SWPPP schedule must:

1. Describe when work activities will be performed that could cause the discharge of pollutants into storm water

2. Describe WPC practices associated with each construction phase

3. Identify soil stabilization and sediment control practices for disturbed soil areas

Construction Site Monitoring Program (CSMP)
The QSD must prepare a CSMP as part of the SWPPP. The CSMP must be developed before starting work and be revised to reflect current construction activities as necessary.

The CSMP must include sections for the project risk level as follows:

1. For risk level 1:

1.1. Visual Monitoring

1.2. SAP for Non-Visible Pollutants

Visual Monitoring

The WPC Manager must oversee the performance of visual inspections for qualifying rain events.

For each qualifying rain event, perform visual inspections and record observations during normal working hours as follows:

1. Record the time, date, and rain gauge reading

2. Observe:

2.1. Within 2 days before the storm:

2.1.1 Drainage areas for spills, leaks, or uncontrolled pollutants

2.1.2 Proper implementation of WPC practices

2.1.3 Storm water storage areas for leaks and adequate freeboard

2.2. Every 24 hours during the storm:

2.2.1 WPC practices for effective operation

2.2.2 WPC practices needing maintenance and repair

2.3. Within 2 days after the storm event:

2.3.1. Discharge locations

2.3.2. WPC practices to evaluate the design, implementation, and effectiveness

2.3.3. To identify where additional WPC practices may be needed.

Perform non-stormwater discharge visual inspections as follows:

1. At least once during each of the following periods:

1.1. January through March

1.2. April through June

1.3. July through September

ATTACHMENT D
ITEM 11

13 1.4. October through December

2. Observe flowing and contained storm water for the presence of floating and suspended materials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants

3. Observe the job site for the presence of authorized and unauthorized non-stormwater discharges and their sources

The WPC Manager must prepare visual inspection reports that include the following:

1. Name of personnel performing the inspection, inspection date, and date inspection report completed

2. Storm and weather conditions

3. Locations and observations

4. Corrective actions taken
Maintain visual inspections reports at the job site as part of the SWPPP.

1-4.05 Sampling and Analysis Plan (SAP)
Include a SAP in the CSMP to monitor the effectiveness of WPC practices. The SAP must comply with the Preparation Manual.

Assign trained personnel to collect water quality samples. Document their training in the SAP.

Describe the following water quality sampling procedures in the SAP:

1. Sampling equipment

2. Sample preparation

3. Collection

4. Field measurement methods

5. Analytical methods

6. Quality assurance and quality control

7. Sample preservation and labeling

8. Collection documentation

9. Sample shipping

10. Chain of custody

11. Data management and reporting

12. Precautions from the construction site health and safety plan

13. Laboratory selection and certifications

Whenever assigned field personnel take samples, comply with the equipment manufacturer's recommendation for collection, analysis methods, and equipment calibration.

Samples taken for laboratory analysis must follow water quality sampling procedures and be analyzed by a State-certified laboratory under 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants."

The SAP must identify the State-certified laboratory, sample containers, preservation requirements, holding times, and analysis method. For a list of State-certified laboratories, go to:

http://www.cdph.ca.gov/certlic/labs/Pages/ELAP.aspx

Include procedure for sample collection during precipitation.

ATTACHMENT D
ITEM 11

14 Retain water quality sampling documentation and analytical results with the SWPPP at the job site.

Show pollutant sampling locations on SWPPP drawings.

If discharges or sampling locations change because of changed work activities or knowledge of site conditions, amend the SAP.

Analytical Results and Evaluation
Submit an electronic copy (in file format .xls, .txt, .csv, .dbs, or .mdb) and a printed copy of water quality analytical results, and quality assurance and quality control within 48 hours of field analysis sampling, and within 30 days for laboratory analysis. Also provide an evaluation of whether the downstream samples show levels of the tested parameter that are higher than the control sample.

Electronic water quality analysis results must have the following information:

1. Sample identification number

2. Contract number

3. Constituent

4. Reported value

5. Analytical method

6. Method detection limit

7. Reported limit

SAP for Non-Visible Pollutants
The SAP must include a description of the sampling and analysis strategy for monitoring non- visible pollutants.

The SAP must identify potential non-visible pollutants present at the job site associated with any of the following:

1. Construction materials and waste

2. Existing contamination due to historical site usage

3. Application of soil amendments, including soil stabilization materials, with the potential to change pH or contribute toxic pollutants to storm water

SWPPP drawings must show the locations planned for storage and use of potential non-visible pollutants.

The SAP must include sampling procedures for the following conditions when observed during a storm water visual inspection. For each of the following, collect at least one sample for each qualifying storm event:

1. Materials or waste containing potential non-visible pollutants that are not stored under watertight conditions

2. Materials or waste containing potential non-visible pollutants that are stored under watertight conditions, but a breach, leakage, malfunction, or spill is observed; the leak or spill has not been cleaned up before precipitation; and material or waste could discharge non-visible pollutants to surface waters or drainage system

3. Chemical applications, including fertilizer, pesticide, herbicide, methyl methacrylate concrete sealant, or non-pigmented curing compound used during precipitation or within

ATTACHMENT D
ITEM 11

15 24 hours preceding precipitation, and could discharge pollutants to surface waters or drainage system

4. Applied soil amendments, including soil stabilization materials that could change pH levels or contribute toxic pollutants to storm water runoff and discharge pollutants to surface waters or drainage system, unless available independent test data indicates acceptable concentrations of non-visible pollutants in the soil amendment

5. Storm water runoff from an area contaminated by historical usage of the site that could discharge pollutants to surface waters or drainage systems

The SAP must provide sampling procedures and schedule for:

1. Sample collection during the first 2 hours of each rain event that generate runoff

2. Sample collection during normal working hours

3. Each non-visible pollutant source

4. Uncontaminated control sample

The SAP must identify locations for sampling downstream and control samples, and reasons for selecting those locations. Select control sample locations where the sample will not come in contact with materials, waste, or areas associated with potential non-visible pollutants or disturbed soil areas.

1-4.06 Implementation Requirements

SWPPP Implementation

Obtain, install, and maintain a rain gauge at the job site. Observe and record daily precipitation.

Monitor the National Weather Service Forecast Office on a daily basis. For forecasts, go to:

http://www.srh.noaa.gov/forecast

Whenever you or the Engineer identifies a deficiency in the implementation of the approved SWPPP:

1. Correct the deficiency immediately, unless the Engineer agrees to a later date for making the correction

2. Correct the deficiency before precipitation occurs

If you fail to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting the deficiency from payment.

Continue SWPPP implementation during any temporary suspension of work activities.

Install WPC practices within 15 days or before predicted precipitation, whichever occurs first.

Inspection
The WPC Manager must oversee inspections for WPC practices identified in the SWPPP:

1. Before a forecasted storm

ATTACHMENT D
ITEM 11

16 2. After precipitation that causes site runoff

3. At 24-hour intervals during extended precipitation

4. On a predetermined schedule, a minimum of once a week

The WPC Manager must oversee daily inspections of:

1. Storage areas for hazardous materials and waste

2. Hazardous waste disposal and transporting activities

3. Hazardous material delivery and storage activities

4. WPC practices specified under "Construction Site Management" of these special provisions

The WPC Manager must use the Storm Water Site Inspection Report provided in the Preparation Manual.

The WPC Manager must prepare BMP status reports that include the following:

1. Location and quantity of installed WPC practices

2. Location and quantity of disturbed soil for the active or inactive areas

Within 24 hours of finishing the weekly inspection, the WPC Manager must submit:

1. Copy of the completed site inspection report

2. Copy of the BMP status report

1-4.07 Reporting Requirements

Storm Water Annual Report
Storm Water Annual Report work includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance. The WPC Manager must prepare a Storm Water Annual Report. The report must:

1. Use an approved report format

2. Include project information including description and location

3. Include storm water monitoring information including:

3.1. Summary and evaluation of sampling and analysis results including laboratory reports

3.2. Analytical methods, reporting units, detections limits for analytical parameters

3.3. Summary of corrective actions

3.4. Identification of corrective actions or compliance activities that were not implemented

3.5. Summary of violations

3.6. Names of individuals performing storm water inspections and sampling

3.7. Logistical information for inspections and sampling including location, date, time, and precipitation

3.8. Visual observations and sample collection records

4. Include documentation on training for:

4.1. Individuals responsible for NPDES permit compliance

4.2. Individuals responsible for BMP installation, inspection, maintenance, and repair

4.3. Individuals responsible for preparing, revising, and amending the SWPPP

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17 1-4.08 Measurement and Payment

The contract lump sum price paid for “Water Pollution Control (SWPPP and BMP)” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

The contract lump sum price paid for prepare storm water pollution prevention plan includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP and CSMP, inspecting water pollution control practices, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.

The City does not adjust payment for an increase or decrease in the quantity of storm water sampling and analysis day.

You may request or the Engineer may order laboratory analysis of storm water samples.

Laboratory analysis of storm water samples will be paid for as extra work under Section 4- 1.05D, "Extra Work," of the State Standard Specifications.

The City does not pay for the preparation, collection, laboratory analysis, and reporting of storm water samples for non-visible pollutants if WPC practices are not implemented before precipitation or if a failure of a WPC practice is not corrected before precipitation.

The City does not pay for implementation of WPC practices in areas outside the highway right- of- way not specifically provided for in the plans or in the special provisions.

The City does not pay for WPC practices installed at your construction support facilities.

WPC practices for which there are separate bid items of work are measured and paid for as those bid items of work.

1-5 Surveying Services
The contractor is responsible for all necessary surveying and layout work to complete the project as specified.

The Contractor will arrange for performance of survey work and construction layout and will be responsible for the accuracy of surveying adequate for construction. The selection of a Surveyor by the Contractor will be subject to approval by the Engineer. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Surveyor at the expense of the Contractor. The Contractor will dig all holes necessary for line and grade stakes. Full cost of providing surveys shall be borne exclusively by the Contractor. Survey staking should be done under the direction/supervision of a licensed surveyor.

1-5.01 Measurement and Payment
Payment for “Surveying Services” shall be made as a lump sum, covering all costs associated with providing surveying and layout work, including labor, materials, equipment, and coordination with the City.

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18 1-6 Monumentation
As of the date of the start of Notice to Proceed (NTP), the contractor shall comply with preservation of all survey monuments as shown on record maps and on the project plan of the job site.

As required in the Business and Professional Code Section §8771, when monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets, highways, other rights-of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor prior to any construction.

The decision to file either the required corner record or a record of survey pursuant to subdivision shall be at the election of the licensed land surveyor or registered civil engineer submitting the document.

If a survey monument is destroyed after the NTP, the Contractor shall be responsible for the replacement of the monument.

A survey monument will be considered destroyed that has been:
• Moved more than 0.02 ft in any direction from the ties provided by and certified by a Licensed Land Surveyor
• Broken.
• Disturbed to a point that the survey monument’s position is no longer fixed or stable. • Removed from the ground for any reason.
• Vertically adjusted without the written authorization of the City Engineer.

Adjustment of survey monuments shall be completed under the direction of a Land Surveyor or a Registered Engineer licensed to practice in the State of California. The City Engineer or the City Surveyor shall be provided with the final positional data (both horizontal and/or vertical), along with certification by the Land Surveyor licensed by the State of California supervising the work that the position of adjusted monument meets the specification that the horizontal position is maintained within 0.01 ft of the original position of the monument and/or that the vertical position shall be within 0.006 ft relative to the measured difference between the original and the final adjusted vertical position of the monument. A corner record or record of survey shall be filed with the county surveyor to satisfy Business and Professional Code Section §8771.

1-6.01 Destroyed Survey Monument

Any survey monument that is destroyed after the date of the start of work, and the responsible party is unclear or not determinable, the monument shall be replaced by the City of Ceres, unless otherwise approved by the City Engineer, and there shall be a $2,000.00 deduction from the cost of the contract in favor of the City of Ceres.

1-6.02 Remove Existing Survey Monument

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ITEM 11

19 This shall include the cost of removing, cleaning and storing existing monument, frame and cover; making arrangement for pickup; and disposal of damaged or unusable monument, frame and cover.

1-6.03 Install New Monument Frame and Cover

This shall include the cost of purchasing and installing the new frame and cover; removing and disposing existing frame and cover.

1-6.04 Reset Existing Monument Frame and Cover

This shall include the cost of removing, cleaning, and resetting existing frame and cover.

1-6.05 Vertical Adjustment of Existing Survey Monument

This shall include the cost of: removing, cleaning, and reinstalling existing frame and cover; reestablishing the point of elevation and the theoretical position value. The price shall also include the filing of all necessary documents with the proper agencies.

Where all or part of a project is within the City of Ceres limits, the Contractor shall adhere to the City of Ceres Survey Monument Specification – M-5 - SURVEY MONUMENTATION for those monuments that are part of the project within the city limits.

1-6.06 Measurement and Payment
Payment will be made only if monument(s) may be affected by the proposed work, and then only for ordinary and necessary expenses of compliance with this section. Payment for “Monumentation” shall be at the contract lump sum price as set forth in the propos al and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.

1-7 As-Built Drawings
This section details the requirements for the preparation and submission of as-built drawings to document the final constructed project, as required by the City of Ceres Approved 2018 Standard Specifications and Design, Section 1-5.08 (Record Drawings).

Record Drawings shall be submitted before the notice of completion is filed and must include the following:
• Shall be submitted on Mylar, at least 24”x 36”, and shall bear the name, address, telephone number of the firm preparing the drawings and in electronic (AutoCAD) format. • Surveyor’s/Engineers statement (with embossed or wet seal and with and original signature on each sheet) shall verify the as-built drawings reflect the true conditions in the field. • Contractor’s statement (with original signature on each sheet) shall verify all construction specifications and product qualities have been met or exceeded. • “AS-BUILT DRAWINGS” or “RECORD DRAWINGS” shall be clearly labeled on each sheet. • The location and elevation of the benchmark referenced will be shown on the drawing.

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20 • Corrected placement, grade, elevation and alignment of roads, water system, sewer and storm system, lighting system and appurtenances, pipe sizes, material changes, shall all be shown on as-built drawing.
• All horizontal distances shall be shown to the nearest tenth of a foot (0.1’). All elevations shall be shown to the nearest five hundredths of a foot (0.05’).

1-8.01 Measurement and Payment
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

SECTION 2 EARTHWORK

This section addresses all aspects of earthwork required for the project, including excavation, trench backfilling, surface restoration, and clearing and grubbing.

2-1 Excavation
This section specifies the requirements for excavation necessary for the installation of water mains, service lines, and related infrastructure. All excavation activities shall adhere to the City of Ceres specifications, ensuring compliance with project plans, alignment, and depth requirements.

The Contractor shall trench water main, services patch, and trench connection to the existing water main as shown on the plans and according to the City of Ceres Standard Details, the Plans, and these Special Provisions.

2-2 Remove Asphalt and Aggregate Base
This section shall consist of performing all operations necessary for the removal and disposal of asphalt pavement, base rock, and or subbase to a full depth shown on the plans, and all other items necessary to complete the project.

Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.13, “Cleanup,” of the State Standard Specifications.

All surplus material shall become the property of the Contractor and shall be disposed of outside the right-of-way.

2-3 Quality Control and Assurance

2-3.01 Quality Assurance

1. The Owner will employ and pay for the services of an independent testing laboratory to perform testing to verify compliance with the contract documents.

2. Daily testing of the constructed materials and work of the Contractor will be made during construction

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21 3. Relative compaction will be determined based on dry density using the maximum dry density at optimum moisture content determined by ASTM D1557. Compacted field in- place density and moisture will be determined by ASTM D6938. Mixing moisture, and nuclear gauge or direct source heating (ASTM D4959) moisture content corrections will be made periodically by ASTM D2216.

2-3.02 Field Quality Control, Sampling and Testing

1. The Owner will retain the services of an independent testing agency to perform field quality control testing.

2. The testing agency shall perform sampling and testing, as a minimum, in accordance with the following table. Additional testing may be performed as necessitated by field conditions or as determined by the Owner’s representative.

2-4 Aggregate base
The Contractor shall furnish and install aggregate base in accordance with the current City of Ceres Standards, the Plans, and these Special Provisions.

Aggregate base shall be Class 2 and conforms to the ¾-inch maximum grading provisions in Section 26, “Aggregate Bases” of the State Standard Specifications.

The Contractor shall, to a depth of 12-inches, uniformly moisture condition the existing sub-grade to at least the optimum moisture content and compact to at least 95% relative compaction as determined by ASTM D1557 followed by varying thicknesses of Caltrans Class 2 aggregate base compacted to 95% relative compaction.

2-4.01 Measurement and Payment
Payment for "Trench Water Main and Services Patch," shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item. Payment for this section includes removal of asphalt and aggregate base, asphalt pavement patch and asphalt concrete wear course, tack coat application, and aggregate base for the water main and services patch.

Payment for “Trench Connection to Existing Water Main (4’x4’)” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, excavation, backfill, compaction, and all work necessary for the completion of this item.

2-5 Clearing and Grubbing
Clearing and grubbing shall conform to the provisions in Section 16, “Clearing and Grubbing,” of the State Specifications and these Special Provisions.

Vegetation shall be cleared and grubbed only within the limits of construction shown in the plans.

All existing vegetation, outside the areas to be cleared and grubbed, shall be protected from injury or damage resulting from the work of the Contractor.

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ITEM 11

22 Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.13, “Cleanup”, of the State Standard Specifications. 2-5.01 Measurement and Payment
Full compensation for "Clearing and Grubbing," for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

2-6 Surface Restoration
Surface restoration is required for all areas impacted by excavation or other earthwork activities.

Restoration shall include grading, compacting, and stabilizing disturbed surfaces to meet the original or specified conditions. All surface restoration work shall comply with the City of Ceres standards in Chapter 2.

The Contractor shall restore all areas adjacent to the construction area and areas affected during construction to their preconstruction condition. Specifically included in this item are all concrete and asphalt pavement, signs, concrete curb and gutter, c urb drains, driveway and alley approach, sidewalk, pavement markings, and all items damaged during construction. 2-6.01 Measurement and Payment
Payment for "Surface Restoration" shall be at the unit price paid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.

2-7 Yard Restoration
Yard restoration applies to areas disturbed by construction activities, including removal of debris, grading, and resoding to restore the area to its original or specified condition.

The Contractor shall restore all yard areas and areas affected during construction to their preconstruction condition. Specifically included in this item are all yards, landscaping and irrigation, fencing, and all items damaged during construction.

The Contractor shall also modify any water sprinkler service that has to be moved back of the new sidewalk so that it remains functional after modification. Contractor shall make the modifications using the same type of materials as the existing system, or materials as approved by the Engineer.

The contractor shall remove sidewalk formwork, clean up, and backfill with soil, and re-sod (seeding is not allowed under any circumstance) to match existing landscaping. 2-7.01 Measurement and Payment
Payment for "Yard Restoration" shall be at the unit price paid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.

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ITEM 11

23 2-8 Dust Control
It shall be the responsibility of the Contractor to minimize dust during earth moving operations. A water truck shall be made available if necessary for dust control.

2-8.01 Measurement and Payment
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

SECTION 3 STORM DRAIN (NOT USED)

SECTION 4 SANITARY SEWER (NOT USED)

SECTION 5 WATER SYSTEM
This section addresses the installation and connection of water system components, including new water mains, gate valves, fire hydrants, service laterals, and related fittings, as specified in the City of Ceres Approved 2018 Standard Specifications and Design, Chapter 5 (Water System).

5-1 Water Main Installation
This section outlines the installation requirements for new water mains, including materials, alignment, and connections. All installations must follow the City of Ceres specifications in Section 5-1.02 (Materials) and Section 5-1.03 (Execution) for water mains. 5-1.01 Requirements

1. Material Standards: Water mains shall be constructed of C900 PVC as specified in project plans, meeting City standards under Section 5-1.02.

2. Alignment and Depth: Water mains shall be installed to the alignment and depth specified in Section 5-1.03 and project plans, with minimum cover as outlined by the City.

3. Connections: Connections to existing water mains must follow procedures in Section 5-

1.03, ensuring minimal disruption to the existing water system. 5-1.02 Measurement and Payment
Payment for the bid item “Install New 8-inch C900 Water Main” shall be made as a lump sum, covering all labor, materials, and equipment necessary to install the new 8-inch C900 water main according to City standards and project specifications.

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ITEM 11

24 5-2 Gate Valves
This section specifies the installation of new gate valves, including 4-inch, 6-inch, 8-inch, and 10- inch sizes, in accordance with City of Ceres standards in Section 5-1.02 (Materials) and Section 5-1.03 (Execution).

All connections to live mains shall be made by the Contractor.

5-2.01 Requirements

1. Valve Specifications: Gate valves shall conform to AWWA C509 standards and must be resilient-seated, as outlined in Section 5-1.02. Valves shall open counterclockwise to match the existing system.

2. Installation: Valves shall be installed at locations specified in the plans with valve boxes per Section 5-1.03. All installations must pass leak tests, as per City inspection protocols.

3. Pressure Testing: Gate valves must undergo pressure testing per Section 5-1.03 to confirm functionality.
5-2.02 Measurement and Payment
Payment for each bid item (Install New 4-inch Gate Valve, Install New 6-inch Gate Valve, Install New 8-inch Gate Valve, and Install New 10-inch Gate Valve) shall be made as a lump sum, covering all labor, materials, and equipment required to install each valve according to project plans and City of ceres standards.

5-3 Fire Hydrant Assembly
The Contractor shall furnish and install new fire hydrant assemblies according to the City of Ceres Standard Details, provide all trenching, backfill materials, restoration of asphalt concrete paving, sidewalk, curb and gutter, and any other work necessary to construct from each fire hydrant to the water main, per the Plans, and these Special Provisions.

Payment for the Fire Hydrant Assembly shall include the cost of pipe connecting to the water main.

Fire hydrants shall be James Jones J-4060A, “wet barrel” with 4’ minimum bury. Acceptable fire hydrants are Mueller “481 H” and Clow “F-960” wet barrel fire hydrants. Connecting pipeline shall be the same material as the water main. Valve box shall be Christy traffic valve box with G5C or G4C cast iron lid, marked “WATER.” Gate valve needed for the installation of the hydrant is included in this item.

Fire hydrant markers shall conform to the provisions in Section 85, “Pavement Markers” of the 2015 State Specifications, the Plans, and these Special Provisions. Pavement markers shall be blue (2-way) reflective Stimsonite Model No. 88AB or approved equal.

At the option of the Contractor, a hot-melt bituminous adhesive may be used to cement the markers to the pavement, as specified in Section 85-1.02D “Hot Melt Bituminous Adhesive,” of the 2015 State Specifications instead of the Rapid Set or Standard Set Type adhesive.

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ITEM 11

25 5-3.01 Measurement and Payment
Payment for “Install Fire Hydrant Assembly w/Valve” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, excavation, backfill, compaction, paving, concrete pad and all work necessary for the completion of these items. The removal of fire hydrants shall include the cost of delivery to the Public Works yard. Removal of the fire hydrant valve will be included in the bid item for “Abandonment of Water Valves”

5-4 Service Laterals
This section covers the installation of new residential water service laterals, connecting to the main and extending to meter locations. All work shall adhere to City of Ceres standards in Section 5-1.02 (Materials) and Section 5-1.03 (Execution).

Water meters shall be provided by the City of Ceres. The contractor shall install the water meters.

The Contractor shall provide all asphalt and base removal, trenching, backfill materials, hot mix asphalt paving, aggregate base and any other work necessary to replace existing water services from each property to the water main, as called out on the plans. All concrete and asphalt removal requires saw-cutting and removal from joint to joint. This item includes saw cutting. Any connections to a live water main shall be made by a City Water Division Special Operator.

For the 1-inch water service, all plastic pipe shall be ultra-high molecular weight polyethylene flexible pipe to comply with AWWA C-901.

For pipe diameter of 1-inch, the meter boxes shall be FL30. All non-traffic meter boxes shall be equipped with a Fiberlyte lid. For vehicular traffic areas, a Christy lid shall be provided as follows:

• Residential: Cast-iron traffic lid
• Commercial or Industrial: Steel checker plate lid

For all other water service materials, acceptable brand are Jones, Ford, Mueller, McDonald and Cambridge Brass.

All curb valves and meters shall be placed within the City right of way and within a public utility easement. City valves and meters shall not be located on private property.

All connections to live mains and reconnections of the service connections (“hot taps”) shall be made by a City Water Special Operator. The Contractor will not be allowed to make connections to live water lines.

5-4.01 Requirements

1. Material and Size: Service laterals shall be 1-inch in diameter, meeting the material standards outlined in Section 5-1.02.

2. Installation Requirements: Lateral connections to the main shall follow approved tapping methods per Section 5-1.03. Installation shall be inspected by the City to verify compliance.

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26 3. Meter Box and Valve: Laterals shall terminate at a meter box with a shut-off valve as required by Section 5-1.03.
5-4.02 Measurement and Payment
Payment for the bid item “Install 1-inch Residential Water Service Lateral” shall be made as a lump sum, covering all labor, materials, and equipment necessary for installation per Section 5 standards and project plans.

5-5 Additional Fittings (Reducers, Tees, ARVs, Blowoff Valves) This section specifies the installation of reducers, tees, air release valves (ARVs), and blowoff valves as needed for proper system operation, per City standards in Section 5.

The Contractor shall furnish and install a new 8” blowoff valve, where shown on the plans. Blow offs shall not be installed without approval from the City Engineer and the Director of Public Works. All salvaged temporary blow-offs shall become the property of the contractor and shall be removed from the job site. The Contractor shall furnish and install new 8”x6” and 8”x10” reducers, 6”, 8”x6”x4”, and 10” tees, and 8” air release valve, where shown on the plans.

5-5.01 Requirements

1. Installation Standards: Fittings shall be installed per Section 5-1.03, at designated locations and according to the compatibility requirements of the water main.

2. Testing and Inspection: All fittings must undergo pressure testing as specified in Section 5-1.03.

3. Accessibility: ARVs and blowoff valves shall be accessible within valve boxes for future maintenance, in line with project requirements.
5-5.02 Measurement and Payment
Payment for each bid item (Install New Reducers, Install New Tees, Install New ARV, and Install New Blowoff Valve) shall be made as a lump sum, covering all labor, materials, and equipment necessary for installation and testing per Section 5 standards.

5-6 Pressure Testing and Disinfection
All new water lines shall be completely isolated from any existing main line until they have been tested and disinfected to the satisfaction of the City Water Special Inspector and City Engineer.

New main line may be filled from existing main only by temporary tap thereto and through a City approved backflow prevention unit so as to provide positive backflow prevention.

Pipes shall be maintained clean and any chance of major contamination avoided during construction. All new water mains shall be pressure tested in the presence of a City Water Special Inspector in accordance with AWWA C 600 prior to disinfection. The test pressure, allowable leakage and test medium shall be as specified below:

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ITEM 11

27 Method: AWWA C600, as modified herein.

Duration: Two (2) hours
Test Pressure: 150 psig measured at highest point of section of pipeline being tested.

Medium: Potable Water
Allowable Leakage: Leakage shall be defined as the quantity of test medium that must be added to the section of pipeline being tested to maintain pressure within 5 psig of the test pressure for the specified test duration. Maximum leakage shall be as specified in AWWA C 600.

Following hydrostatic testing, all water mains shall be flushed and disinfected, in the presence of a City Water Special Inspector, in accordance with AWWA Standard C 651-92 and City Standards W-19, W-20 and W-21 (Water System Construction Specifications). Disinfecting chemicals and additives shall comply with the requirements of Title 22, Division 4, Chapter 18 as regulated by the State of California, Department of Health Services, except that tablets are not allowed. Contractor shall use either hypochlorite liquid solution or gaseous chlorine injection. If gas injection is used, it must be done under fully qualified and licensed conditions.

All water used for disinfection will be de-chlorinated and flushing shall be conveyed to a sanitary sewer manhole or to a tank truck supplied by the Contractor for this purpose. No water used for disinfection or flushing shall be allowed into any storm drain or gutter.

Following disinfection and flushing, the Inspector shall take water samples for bacteriological analysis of the water in sterile bottles provided by the laboratory and shall assure sample transport to the laboratory under proper chain of custody procedures. The samples will be analyzed in the City laboratory. If the specified bacteriological requirements are not satisfied, the disinfection procedure must be repeated until the requirements are met. Disinfection and flushing for water mains that have been completely or partially dewatered shall comply with AWWA C 651-

92. The cost for all first bacteriological tests shall be paid by the City. Succeeding tests required due to failure of the first test shall become the responsibility of the Contractor who shall pay all costs for retesting.

The City Water Special Inspector shall provide written certification to the City, for each pressure test, each disinfection, and/or each bacterial sample that he has personally witnessed the test or disinfection procedure and that he has personally collected the bacterial sample.

The Contractor shall provide all necessary materials and equipment, and shall perform all work, except for sample collection required for testing and sterilization of the water main. Sampling points shall be at maximum spacing of 200 feet, or as directed by the Engineer.

When the new water main is properly disinfected and the isolation dam is removed from the connection flange or other type of connection is made, extreme care shall be exercised to prevent the entry of contamination. Connection fittings shall be thoroughly swabbed with an approved bactericide immediately prior to their installation.

All connections to live mains shall be made in the presence of a City Water Certified Operator.

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28 5-6.01 Measurement and Payment
Payment for “Pressure Testing and Disinfection,” shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materials, tools, equipment and all work necessary for the completion of this item.

Inspection services

At any time that the system is pressure tested, disinfected, or a connection made to the existing system, the Contractor shall not perform this work unless a City Water Special Inspector is present at the immediate site of the pressure test, disinfection or connection to witness and certify this work.

The Contractor shall provide notice 48 hours in advance to the City Public Works Department, (209) 385-6225 that the services of the Special Inspector will be required, including the expected duration of the requirement.

The inspector shall provide written certification to the City, for each and every:

Pressure Test
Disinfection
Bacteriological Sample Collected
Connection to an Existing Main

That he has personally collected the bacteriological sample or witnessed the pressure test, disinfection or connection for the entire time that it was being made, and that proper procedures were followed.

The Contractor is hereby advised that a City Water Special Inspector is not the same person as the regular construction Inspector. Failure to request the services of the Special Inspector or to perform disinfection and connections without his presence wil l result in sanctions and refusal to accept and pay for the items of work involved.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

Testing for leaks

After installation of each service line and before any backfilling to the main, the service line shall be flushed as described in Pressure Testing and Disinfection, and then shut off at the corporation stop on the residence side of the meter idler, to allow the City Water Inspector to assure that there are no leaks in the installation. After the Inspector is satisfied that there are no leaks, the service should be turned back on.

Pipes shall be maintained clean and any chance of major contamination avoided during construction. All new service connections shall be pressure tested in the presence of a City Water Special Inspector.

Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.

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29 5-7 Disconnect from Existing Water System - Plug and Cap Existing Water Main (to be Abandoned)
This section specifies the procedures for disconnecting an existing water main and abandoning it by plugging and capping the line. All abandonment work must follow City of Ceres standards in Section 5.

The Contractor shall supply all the materials required to disconnect from the abandoned water main and plugging and capping. The existing water valve shall be removed and returned to the Public Works yard and a blind flange installed.

5-7.01 Requirements

1. Isolation and Drainage: The contractor shall isolate the section of the water main to be abandoned, ensuring the line is depressurized and drained before capping.

2. Plugging and Capping: The disconnected section of the main shall be securely plugged and capped using materials approved by the City Engineer, as specified in Section 5-1.03.

3. Site Restoration: Any surfaces disturbed during the abandonment process shall be restored to their original or specified condition.

5-7.02 Measure and Payment
Payment for the bid item “Disconnect from Existing Water System - Plug and Cap Existing Water Main (to be Abandoned)” shall be made as a lump sum, covering all labor, materials, and equipment necessary to disconnect, plug, cap, and restore the site per City standards in Section

5. 5-8 Connection to Existing Water Main
This section covers the procedures for connecting new water mains to existing mains, ensuring a secure and leak-free junction. All connection work must comply with City standards in Section 5.

The Contractor shall supply and install a backflow preventer for the initial tie-in to the existing system. The backflow device shall be sufficiently sized to attain a water velocity capable of removing debris. At the Contractor’s option, a small booster pump may be installed downstream of the backflow device. The Contractor shall install a temporary blow-off valve assembly to facilitate flushing the new water main. At the end of satisfactory flushing and sterilization, the Contractor shall remove the backflow device and blow-off assembly and make the final system connection.

The Contractor shall provide all materials, excavation and equipment. (If a booster pump is used, a Reduced Pressure Backflow Assembly must be used.)

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30 5-8.01 Requirements

1. Isolation and Preparation: The existing water main shall be isolated and depressurized before connection. The area around the connection point shall be excavated to allow proper installation.

2. Connection Procedure: The connection shall be made using approved materials and fittings, ensuring alignment and secure attachment per City standards.

3. Testing and Inspection: After connection, the joint shall be pressure tested to confirm it is leak-free. The City Engineer must inspect and approve the work before final acceptance.

5-8.02 Measurement and Payment
Payment for the bid item “Connection to the Existing Water Main” shall be made as a lump sum, covering all labor, materials, equipment, and testing necessary to complete the connection in compliance with City standards in Section 5.

5-9 Remove and Dispose Existing Fire Hydrant
This section outlines the requirements for removing and properly disposing of existing fire hydrants that are no longer needed. Removal work must comply with City of Ceres standards, Section 5.

The Contractor shall remove and dispose existing fire hydrants where shown on the plans to be removed. The Contractor shall fill and compact void and patch hole to match existing material and grades. The water valve shall be abandoned as specified in the standards and plans.

All surplus material shall become the property of the City of Ceres and shall be delivered to the City of Ceres Corporation Yard.

5-9.01 Requirements

1. Fire Hydrant Removal: The existing fire hydrant shall be disconnected from the water system, removed, and transported off-site for disposal, following City-approved procedures.

2. Capping the Connection: The contractor shall securely cap or plug the connection point on the main to maintain system integrity.

3. Site Restoration: Any surfaces disturbed by the removal shall be restored to match the surrounding area.

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31 5-9.02 Measurement and Payment
Payment for “Remove and Dispose Existing Fire Hydrant” shall be made as a lump sum, covering all labor, materials, and equipment necessary to remove, dispose of, cap, and restore the area per City standards in Section 5.

5-10 Remove and Dispose Existing Meters
This section specifies the removal and disposal of existing water meters that are to be abandoned, as per City of Ceres standards, Section 5.

The Contractor shall remove and dispose existing meters where shown on the plans to be removed.

The Contractor shall fill and compact void and patch hole to match existing material and grades.

All surplus material shall become the property of the City of Ceres and shall be delivered to the City of Ceres Corporation Yard.

5-10.01 Requirements

1. Meter Removal: The contractor shall disconnect and remove designated water meters, transporting them off-site for disposal.

2. Cap the Lateral: After removal, the contractor shall cap the service lateral where the meter was connected to prevent leaks or contamination.

3. Documentation: The contractor shall document each removal and submit records to the City Engineer.

5-10.02 Measurement and Payment
Payment for “Remove and Dispose Existing Meters” shall be made as a lump sum, covering all labor, materials, and equipment necessary to remove, dispose of, and cap the meters in compliance with City standards in Section 5.

5-11 Fill Existing Water Meter Boxes (to be Abandoned) – Excavation with Slurry This section specifies the process for filling abandoned water meter boxes with slurry to prevent voids and maintain surface integrity, following City of Ceres standards, Section 5.

The Contractor shall fill the existing water meter boxes with slurry and abandon them as shown on the plans. Specifically included in this item are all equipment, labor, material, and excavation for the abandonment of the water meter boxes.

5-11.01 Requirements

1. Filling Procedure: The abandoned water meter box shall be cleaned and filled with slurry to eliminate any voids and ensure stability.

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32 2. Compaction and Surface Matching: The surface above the filled meter box shall be compacted and graded to match surrounding areas.

3. Inspection: The City Engineer shall inspect the filled meter box to confirm it meets specifications.

5-11.02 Measurement and Payment
Payment for “Fill Existing Water Meter Boxes (to be Abandoned) – Excavation with Slurry” shall be made as a lump sum, covering all labor, materials, and equipment required to fill and restore the meter boxes per City standards in Section 5.

5-12 Fill Existing Water Valve Boxes (to be Abandoned) – Excavation with Slurry This section outlines the process for filling abandoned water valve boxes with slurry to prevent ground settlement and maintain site stability, in accordance with City of Ceres standards, Section

5. The Contractor shall fill the existing water valve boxes with slurry and abandon them as shown on the plans. Specifically included in this item are all equipment, labor, material, and excavation for the abandonment of the water valve boxes.

5-12.01 Requirements

1. Slurry Fill: The abandoned valve box shall be thoroughly cleaned and filled with slurry to prevent any future subsidence.

2. Surface Restoration: The area above the valve box shall be compacted and leveled to match surrounding surfaces.

3. City Inspection: The filled valve box shall be inspected and approved by the City Engineer.

5-12.02 Measurement and Payment
Payment for “Fill Existing Water Valve Boxes (to be Abandoned) – Excavation with Slurry” shall be made as a lump sum, covering all labor, materials, and equipment required to fill, compact, and restore the valve boxes per City standards in Section 5.

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33 SECTION 6 STREETS

This section covers construction activities related to streets, including surface restoration, trench patch repair, and street sweeping required to restore and maintain areas impacted by construction. All work shall conform to the City of Ceres Approved 2018 Standard Specifications and Design, Chapter 6 (Streets).

6-1 Pavement Restoration
This section specifies requirements for pavement restoration following trenching or other work impacting street surfaces. Pavement restoration shall adhere to City standards to restore street surfaces to their original condition or as specified.

6-1.01 Requirements

1. Material Specifications: Pavement materials used for restoration shall conform to Section 6-1.02.

2. Compaction and Thickness: Restored pavement shall be compacted to 95% of maximum dry density and match the thickness of adjacent existing pavement, as outlined in Section 6-1.03.

3. Testing and Inspection: The City Engineer shall inspect and approve all pavement restoration work to confirm compliance with City standards.

6-1.02 Hot Mix Asphalt

Hot Mix Asphalt shall be Type A in accordance with the provisions in Section 39, “Hot Mix Asphalt” of the State Specifications.

Hot mix asphalt shall conform to Section 39 of the State Specifications and shall be HMA Type A using PG 64-10 asphalt binder. Aggregate used in the base and intermediate layers shall be ¾" maximum, medium grading and the final wearing course should be Type A, ½” maximum, medium grading. Sections of paving to receive greater than 3” of new hot mix asphalt shall be paved in two separate lifts. Hot mix asphalt shall be spread in the number of layers indicated in Section 39-6, “Spreading and Compacting” of the Standard Specifications and shall be compacted with approved equipment as delineated in the State Specifications.

Hot mix asphalt shall be produced at an established commercial mixing plant. The aggregate and asphalt binder shall be heated and mixed thoroughly.

Prior to spreading hot mix asphalt, a paint binder of asphaltic emulsion shall be furnished and applied uniformly to contact surfaces of all cold pavement joints, curbs, gutters and to other surfaces designated by the Engineer.

A paint binder (tack coat) of asphaltic emulsion shall be applied to the vertical and flat areas to be surfaced in accordance with Section 39-4 of the Standard Specifications. Prime coat will not be

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34 required on base rock. Asphaltic emulsion shall be type SS1 unless otherwise permitted by the engineer.

6-1.03 Asphalt Pavement Patches on Arterial and Collector Streets

Collector Street shall have the following pavement structural section: 4.0 inches asphalt concrete (AC) or 1 inch thicker than existing pavement thickness; over 15.5 inches of AB; over 12 inches of subgrade.

Arterial Street shall have the following pavement structural section: 5.5 inches asphalt concrete (AC) or 1 inch thicker than existing pavement thickness; over 20.5 inches of AB; over 12 inches of subgrade.

Saw Cutting or Grinding -- The Contractor shall be responsible for saw cutting or grinding the existing roadways. temporary patch. curb and gutter. The cuts, whether by saw cutting or grinding, shall be made in a neat, straight line, with vertical edges.

Thickness – The compacted thickness of hot mix asphalt overlay shall be 3 inches at all locations and shall be placed in two (2) lifts or in compliance with the State Specifications.

Tack coat application - Immediately prior to placing the final asphalt lift, a tack coat of asphalt cement shall be applied to all edges where new asphalt is placed against existing pavement surfaces and along the outside edge of the gutter pan and in all vertical surfaces. The tack coat shall be applied uniformly at a rate of 0.02 – 0.10 gal/yd² of surface covered. The application temperature shall be a minimum 290°F to assure uniform distribution. Emulsion tack coat will not be allowed. The contractor shall make every effort to keep the gutter pan clean, and shall apply the tack coat adjacent to the gutter pan with a hand held applicator nozzle. Contractor shall thoroughly remove asphalt cement and clean any surfaces not scheduled for overlay.

6-1.04 Measurement and Payment
Payment for “Surface Restoration” shall be made as a lump sum, covering all labor, materials, and equipment required to restore pavement to its original condition, including compaction and thickness as per City specifications in Section 6.

6-2 Trench Paving and Patch Repair
This section addresses trench paving and patch repair work needed after utility installation or other trenching activities. All trench paving and repair shall comply with the standards specified in Section 6-1.03 (Execution).

6-2.01 Requirements

1. Patching Materials: All patching materials shall conform to the requirements specified in Section 6-1.02. The patch material shall be compatible with existing street surfaces.

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35 2. Compaction Requirements: The patched area shall be compacted to the required density to ensure a stable and long-lasting repair.

3. Surface Matching: The restored pavement surface shall match the existing surface texture and color to provide a seamless transition.

6-2.02 Measurement and Payment
Payment for “Trench Water Main and Services Patch” shall be made as a lump sum, covering all labor, materials, and equipment necessary to perform trench paving and patch repair to City standards in Section 6.

6-3 Street Sweeping
This section covers street sweeping required to keep streets clear of construction debris, dirt, and dust throughout the duration of the project. Street sweeping shall be performed according to Section 6-1.03 (Execution) of the City of Ceres standards.

The SWPPP must describe and include the use of street sweeping as a water pollution control practice for sediment control and tracking control.

6-3.01 Submittals
At least 5 business days before starting clearing and grubbing, earthwork, or other activities with the potential for tracking sediment or debris, submit:

1. Number of sweepers described in the SWPPP

2. Type of sweeper technology

Quality Control and Assurance
Retain and submit records of street sweeping including:

1. Quantity of sweeping waste disposal

2. Sweeping times and locations

6-3.02 Street Sweepers
Sweepers must use one of these technologies:

1. Mechanical sweeper followed by a vacuum-assisted sweeper

2. Vacuum-assisted dry (waterless) sweeper

3. Regenerative-air sweeper

6-3.03 Operation
Street sweeping must be done at:

1. Paved roads at job site entrance and exit locations

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36 2. Paved areas within the job site that flow to storm drains or water bodies

Street sweeping must be done:

1. During clearing and grubbing activities

2. During earthwork activities

3. During trenching activities

4. During roadway structural section activities

5. When vehicles are entering and leaving the job site

6. After soil disturbing activities

7. After observing offsite tracking of material

Monitor paved areas and roadway within the jobsite. Street sweeping must be done:

1. Within 1 hour, if sediment or debris is observed during activities that require sweeping

2. Within 24 hours, if sediment or debris is observed during activities that do not require sweeping

At least 1 sweeper must be on the job site at all times when sweeping work is required. The sweeper must be in good working order.

Perform street sweeping to minimize dust. If dust generation is excessive or sediment pickup is ineffective, use water or a vacuum.

You may stockpile collected material on the jobsite according to the approved SWPPP. Dispose of collected material at least once per week.

Material collected during street sweeping must be removed and disposed of under Section 7-1.13, "Disposal of Material Outside the Street Right of Way," of the Standard Specifications.

Your WPCM must inspect paved roads at job site access points:

1. Daily if earthwork and other sediment or debris generating activities occur daily

2. Weekly if earthwork and other sediment or debris generating activities do not occur daily

3. When the National Weather Service predicts precipitation with a probability of at least 30 percent

6-3.04 Measurement and Payment
The contract lump sum price paid for “Street Sweeping” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.

SECTION 7 STREET TREES (NOT USED)

SECTION 8 EROSION CONTROL (NOT USED)

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37 SECTION 9 TRAFFIC

This section covers all traffic control measures required to maintain public and worker safety throughout the construction project, in compliance with the City of Ceres Approved 2018 Standard Specifications and Design, Chapter 9 (Traffic).

9-1 Portable Changeable Message Signs
This section specifies requirements for the deployment and use of portable changeable message signs (PCMS) to inform the public of upcoming construction activities or detours. All PCMS units shall comply with City of Ceres standards, Section 9.

9-1.01 Requirements

1. Sign Placement: Portable message signs shall be placed at designated locations as shown in the traffic control plan, with sufficient visibility to provide advance warning to motorists.

2. Message Content: Messages displayed shall be clear, concise, and relevant to current construction activities or detours. Messages shall be approved by the City Engineer prior to deployment.

3. Operation and Maintenance: The contractor is responsible for ensuring that message signs remain operational and clearly visible. Signs shall be inspected and adjusted daily or as needed.

9-1.02 Measurement and Payment
Payment for “Portable Changeable Message Signs” shall be made as a lump sum, covering all labor, materials, and equipment necessary for deploying, operating, and maintaining portable changeable message signs per City standards in Section 9.

SECTION 10 IRRIGATION AND LANDSCAPE (NOT USED)

SECTION 11 PARK FACILITIES (NOT USED)

SECTION 12 MISCELLANEOUS (NOT USED)

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APPENDIX A – SAMPLE CONTRACT

City of Ceres

CONSTRUCTION CONTRACT

EX: PROJECT NAME
PROJECT NO. 2524

1. PARTIES AND DATE.

This Contract is made and entered into this Xth day of XXXXX, 2025 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and XXXXXXXXXXXXX, a corporation with its principal place of business at XXX XXXXXXXXXXXXX, XXXXXXXXX, California XXXXX (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

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

General Contractor license per IPBA standards for XXXXX

2.3 Project. City desires to engage Contractor to render such services for the XXXXXXXXXXXXXXXXXXXXXXXXX Project (“Project”) as set forth in this Contract.

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

3. TERMS

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

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

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

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

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

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

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

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

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

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contrac tor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of XXXXXXXX Dollars ($XXX.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

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

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

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of XXXXXXXXXXXXXXXXX Do llars ($XXX,XXX.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

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

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

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

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

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

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title sh all pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. C ontractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

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

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

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

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

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

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

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

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

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

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

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

3.8.1.3 Other Water Quality Rules Regulations and Policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is no t acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

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

3.10 Claims; Government Code Claim Compliance.

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

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

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

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

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

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

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

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that

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taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.12 Indemnification.

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

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

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

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

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

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

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

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

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

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

3.13.2.2 Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and

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(3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

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

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

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

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

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

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

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

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

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provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.

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

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

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

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

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

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

3.14 Bond Requirements.

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

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City

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concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

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

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

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

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

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

3.16 Employee/Labor Certifications.

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

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

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

3.17 General Provisions.

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

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

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event

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of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

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

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

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

CONTRACTOR:

XXX XXXXXXXXXX

XXXX XXXXX XXXXX
XXXXXXXXX, California XXXXX

XXX-XXX-XXXX
Attn:

CITY:

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

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

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

3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Stanislaus, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

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

3.17.13 [Reserved]

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

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

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ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

EXISTING WATER MAIN SITE PLAN
PHASE 1
1C01
10 0
SCALE: 1" = 80'
80 160

ATTACHMENT D
ITEM 11

WWWWW W W W W W W W W W W W

WWWWWWWWWWWWWWW W

W W W W
W W
W W W
W W
W W
W
W
W
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\10_EX WATER MAIN SITE PLAN-1C01-1C02.DWG PLOT: 4/2/2025 10:36:35 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

EXISTING WATER MAIN SITE PLAN
PHASE 2
1C02
11 0
SCALE: 1" = 80'
80 160

ATTACHMENT D
ITEM 11
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\11_PROP WATER MAINSITE PLAN-1C03-1C04.DWG PLOT: 4/2/2025 10:43:52 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

PROPOSED WATER MAIN SITE PLAN
PHASE 1
1C03
12 0
SCALE: 1" = 80'
80 160

ATTACHMENT D
ITEM 11
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\11_PROP WATER MAINSITE PLAN-1C03-1C04.DWG PLOT: 4/2/2025 10:44:01 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

PROPOSED WATER MAIN SITE PLAN
PHASE 2
1C04
13 0
SCALE: 1" = 80'
80 160

ATTACHMENT D
ITEM 11
PP
PP
PP
PP
JP
JP
JP
JP
1 2
3 4
5 6

SITE DEMOLITION PLAN
PHASE 1
1C05
14 0
SCALE: 1" = 40'
40 80
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:27:43 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

KEY MAP

ATTACHMENT D
ITEM 11
PP
JP
JP
JP
PP
1 2
3 4
5 6

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:27:51 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
1C06
15 0
SCALE: 1" = 40'
40 80

SITE DEMOLITION PLAN
PHASE 1

ATTACHMENT D
ITEM 11
PP
PP

PP PPPPPPPP
PP
PP
JP

JP JP JP JP

PP PPPP PPPP PP
PP PP
PP
EX-SSMH(13430)
±92.91RIM
±89.31FL(6")E
±89.34FL(6")N
±89.34FL(6")S
EX-SSMH(18501)
±92.31RIM
±88.86FL(6")E
±88.74FL(6")W
±88.84FL(6")S
EX-SSMH(18695)
±92.57RIM
±89.12FL(6")W
±89.15FL(6")E
±89.15FL(6")S
EX-SDMH(18502)
±92.03RIM
±87.03FL(8")E
±86.98FL(8")SE
±86.93FL(6")SW
±87.06FL(8")W
EX-SDCB(18508)
±91.48RIM
±88.68FL(8")N
±90.08FL(6")SE
EX-SDMH(18507)
±91.82RIM
±90.32FL(6")NW
±86.22FL(24")S
1 2
3 4
5 6

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:28:02 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
1C07
16 0
SCALE: 1" = 40'
40 80

SITE DEMOLITION PLAN
PHASE 1

ATTACHMENT D
ITEM 11

PP PP PP PP PP PP PP
JP
JP
PP
PP
PP PP
EX-SSMH(18897)
±92.70RIM
±89.97FL(6")S
±89.95FL(6")N
±89.97FL(6")W
EX-SDMH(18882)
±91.89RIM
±88.99FL(8")NE
±89.29FL(8")E
±87.28FL(6")S
±87.27FL(8")W
EX-SDCB(18880)
±91.54RIM
±89.24FL(8")SW
EX-SDCB(18912)
±91.94RIM
±87.44FL(8")W
±86.89FL(12")N
±87.42FL(8")E
±86.89FL(12")S
EX-SDCB(18951)
±91.45RIM
±89.30FL(6")N
1 2
3 4
5 6
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:28:11 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
1C08
17 0
SCALE: 1" = 40'
40 80

SITE DEMOLITION PLAN
PHASE 1

KEY MAP

ATTACHMENT D
ITEM 11
ELB
ELB
ELB
ELV
TVBTV
ELV
ELB
ELB
ELV

ELB ELBELB
ELB
ELBELV
TV
ELVELB
TV
ELB
ELBELB
TVB
ELB
ELTV
1 2
3 4
5 6

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:28:22 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
1C09
18 0
SCALE: 1" = 40'
40 80

SITE DEMOLITION PLAN
PHASE 2B

ATTACHMENT D
ITEM 11
ELB
ELB
ELV

ELB SLB
ELB
ELV
ELBELB
ELB
TID
1 2
3 4
5 6

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:28:32 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

SITE DEMOLITION PLAN
PHASE 2A
1C10
19 0
SCALE: 1" = 40'
40 80

ATTACHMENT D
ITEM 11
ELB
ELB

ELBELB ELBELB
ELV
ELB
ELB
ELB
ELB
ELB
ELB
ELB
ELB
ELB
ELB
ELB

ELB ELB

KEEP CLEAR
1 2
3 4
5 6

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:28:42 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

SITE DEMOLITION PLAN
PHASE 2C
1C11
20 0
SCALE: 1" = 40'
40 80

ATTACHMENT D
ITEM 11
ELB
PP
PP
PP
PP
PP
PP
PP
JP
JPJP
1 2
3 4
5 6

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\12_SITE DEMO-1C05-1C12.DWG PLOT: 4/2/2025 10:28:52 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

SITE DEMOLITION PLAN
PHASE 2C
1C12
21 0
SCALE: 1" = 40'
40 80

ATTACHMENT D
ITEM 11
PP
PP
PP
PPJP
JP
JP
APN: 127-009-045 APN: 127-009-012 APN: 127-009-013 APN: 127-009-014 APN: 127-009-015 APN: 127-009-016 APN: 127-009-017 APN: 127-009-041 APN: 127-009-029 APN: 127-009-028 APN: 127-009-027 APN: 127-009-026 APN: 127-009-025 APN: 127-009-024 POTHOLE #1
1 2
3 4
5 6
7 8
9 I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\13_PLAN & PROFILE1C13-1C19.DWG PLOT: 5/29/2025 3:25:03 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
1C13
22 KEY MAP
0 SCALE: 1" = 20'
20 40
6TH STREET - PHASE 1
STA 9+50 TO STA 15+00
1" = 20'
1" = 2'

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
1 LAWN 45" 8" CONCRETE WATER

ATTACHMENT D
ITEM 11
PP
JP
JP
JP
APN: 127-009-018 APN: 127-009-059 APN: 127-022-042 APN: 127-022-061 APN: 127-022-038 APN: 127-009-024
APN: 127-009-023
APN: 127-022-016APN: 127-022-015
APN: 127-022-063 APN: 127-022-062 APN: 127-022-036
APN: 127-022-021APN: 127-022-020APN: 127-022-019APN: 127-022-018APN: 127-022-017 APN: 127-022-040 APN: 127-022-038
POTHOLE #2
1 2
3 4
5 6
7 8
9 1C14
23 KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\13_PLAN & PROFILE1C13-1C19.DWG PLOT: 6/10/2025 12:36:31 PM BY KEVIN WILLIAMS OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 40
6TH STREET - PHASE 1
STA 15+00 TO STA 20+25
1" = 20'
1" = 2'

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
2 6" BLANK N/A N/A N/A

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 PP
PP
JP
PP
APN: 127-022-036 APN: 127-022-035 APN: 127-022-034 APN: 127-022-033 APN: 127-022-032 APN: 127-022-031 APN: 127-022-026APN: 127-022-025APN: 127-022-024APN: 127-022-023APN: 127-022-022 APN: 127-022-030
APN: 127-022-027 APN: 127-022-028
APN: 127-022-029
POTHOLE #4
POTHOLE #7
1C15
24 KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\13_PLAN & PROFILE1C13-1C19.DWG PLOT: 6/10/2025 12:35:56 PM BY KEVIN WILLIAMS OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
6TH STREET - PHASE 1
STA 20+25 TO STA 26+00
0 SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
4 8" 36" 2" STEEL GAS
7 8" 40" 2" STEEL GAS

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 PP
PP
APN: 127-003-006
APN: 127-003-007
APN: 127-003-032
APN: 127-003-031
POTHOLE #
5 6TH STREET - PHASE 1
STA 26+00 TO STA 29+50
1C16
25 KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\13_PLAN & PROFILE1C13-1C19.DWG PLOT: 5/29/2025 3:26:02 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
5 7" 31" 2" STEEL GAS

ATTACHMENT D
ITEM 11

PPPP PPPP
APN: 127-003-037 APN: 127-003-036
APN: 127-022-029
APN: 127-022-028
APN: 127-003-031APN: 127-003-035 APN: 127-003-034 APN: 127-003-033 APN: 127-003-032 POTHOLE #4
POTHOLE #7
1 2
3 4
5 6
7 8
9 1C17
26 KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\13_PLAN & PROFILE1C13-1C19.DWG PLOT: 6/10/2025 12:34:21 PM BY KEVIN WILLIAMS OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
THOMAS STREET - PHASE 1
STA 9+50 TO STA 15+25
0 SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
4 8" 36" 2" STEEL GAS
7 8" 40" 2" STEEL GAS

ATTACHMENT D
ITEM 11

PP PP PP
PP
PP
PP PP
PP
APN: 127-003-030 APN: 127-003-029 APN: 127-003-028 APN: 127-003-027 APN: 127-003-026 APN: 127-003-025 APN: 127-003-024 APN: 127-003-023 APN: 127-003-022 APN: 127-003-021 1 2
3 4
5 6
7 8
9 1C18
27 KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\13_PLAN & PROFILE1C13-1C19.DWG PLOT: 5/29/2025 3:26:43 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
THOMAS STREET - PHASE 1
STA 15+25 TO STA 21+00
0 SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
PP
APN: 127-003-020 APN: 127-003-019
1 2
3 4
5 6
7 8
9 JP
APN: 127-022-015
APN: 127-009-023
APN: 127-009-018
APN: 127-009-059
APN: 127-022-042
POTHOLE #2
1C19
28 KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\13_PLAN & PROFILE1C13-1C19.DWG PLOT: 5/29/2025 3:27:09 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
THOMAS STREET - PHASE 1
STA 21+00 TO STA 24+00
0 SCALE: 1" = 20'
20 40 0
SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'
1" = 20'
1" = 2'

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
2 6" BLANK N/A" N/A N/A
MARY AVENUE - PHASE 1
STA 9+50 TO ST 12+00

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB
ELV

ELB ELBELB TVB
ELTV
APN: 040-073-074APN: 040-073-073APN: 040-073-072APN: 040-073-071APN: 040-073-070APN: 040-073-069APN: 040-073-068 APN: 040-073-067 APN: 040-073-060 APN: 040-073-059 APN: 040-073-052 APN: 040-073-046APN: 040-073-047APN: 040-073-048
POTHOLE #10
STARLING DRIVE - PHASE 2B
STA 10+00 TO STA 15+75
1C20
29 KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\14_PLAN & PROFILE-1C20-1C26.DWG PLOT: 5/29/2025 3:22:41 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
10 3" 60" 6" PVC ELECTRIC
10 3" 45" 2" PVC COMM
10 3" 40" 2" PLASTIC GAS

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB
ELB
ELB
ELV
TVBTV
ELV
APN: 040-073-081 APN: 040-073-080 APN: 040-073-079 APN: 040-073-078 APN: 040-073-077 APN: 040-073-076 APN: 040-073-075 APN: 040-073-034 APN: 040-073-035 APN: 040-073-036 APN: 040-073-037 APN: 040-073-038 APN: 040-073-039 APN: 040-073-040 APN: 040-073-041 1C21
30 KEY MAP
BLUEBIRD DRIVE - PHASE 2B
STA 10+00 TO STA 15+75
0 SCALE: 1" = 20'
20 40
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\14_PLAN & PROFILE-1C20-1C26.DWG PLOT: 5/29/2025 3:22:55 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELV

ELB SLB
ELB
ELV
ELBELB
ELB
TID
APN: 040-073-025
APN: 040-073-026
APN: 040-073-027APN: 040-073-028APN: 040-073-029APN: 040-073-030APN: 040-073-031APN: 040-073-032APN: 040-073-033 APN: 040-073-083APN: 040-073-082 APN: 040-073-084 APN: 040-073-085 APN: 040-073-086 APN: 040-073-087 APN: 040-073-088 1C22
31 KEY MAP
HUMMINGBIRD DRIVE - PHASE 2A
STA10+00 TO STA 15+75
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\14_PLAN & PROFILE-1C20-1C26.DWG PLOT: 5/29/2025 3:23:12 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB
ELB
APN: 040-059-012 APN: 040-059-013 APN: 040-059-014 APN: 040-059-015 APN: 040-059-016 APN: 040-059-017 APN: 040-059-018 APN: 040-059-019APN: 040-059-011 APN: 040-059-089APN: 040-059-090APN: 040-059-091APN: 040-059-092APN: 040-059-093APN: 040-059-094APN: 040-059-095 POTHOLE #9
1C23
32 KEY MAP
MOCKINGBIRD DRIVE - PHASE 2A
STA 10+00 TO STA 15+75
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\14_PLAN & PROFILE-1C20-1C26.DWG PLOT: 5/29/2025 3:23:31 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 40

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
9 6" 37" 1" PLASTIC COMM
9 6" 39" 3/4" PLASTIC ELECTRIC
9 6" 39" 3/4" PLASTIC ELECTRIC
9 6" 37" 2" PLASTIC GAS
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB

ELB ELV
ELB
TVB
APN: 040-073-060APN: 040-073-061APN: 040-073-062APN: 040-073-063 APN: 040-073-056 APN: 040-073-059APN: 040-073-058APN: 040-073-057 APN: 040-073-070
APN: 040-073-072
APN: 040-073-071
1C24
33ORIOLE DRIVE - PHASE 2B
STA 9+50 TO STA 14+00

KEY MAP
0 SCALE: 1" = 20'
20 40
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\14_PLAN & PROFILE-1C20-1C26.DWG PLOT: 5/30/2025 8:15:11 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB
TV

ELV ELB
TV
ELB
ELB
ELB
APN: 040-073-052APN: 040-073-053APN: 040-073-055 APN: 040-073-054 APN: 040-073-051 APN: 040-073-050 APN: 040-073-049 APN: 040-073-048 APN: 040-073-047 APN: 040-073-046 APN: 040-073-045 APN: 040-073-043APN: 040-073-044 APN: 040-073-075APN: 040-073-074 APN: 040-073-075
POTHOLE #10
1C25
34CARDINAL DRIVE - PHASE 2B
STA 10+00 TO STA 15+75

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\14_PLAN & PROFILE-1C20-1C26.DWG PLOT: 5/30/2025 9:14:28 AM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 40

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
10 3" 60" 6" PVC ELECTRIC
10 3" 45" 2" PVC COMM
10 3" 40" 2" PLASTIC GAS
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELBELV
ELB
APN: 040-073-024 APN: 040-073-023 APN: 040-073-022 APN: 040-059-020APN: 040-059-021 APN: 040-073-088 APN: 040-059-089
APN: 040-059-019APN: 040-073-025
APN: 040-059-018
1C26
35ROBIN DRIVE - PHASE 2A
STA 9+50 TO STA 13+00
0 SCALE: 1" = 20'
20 40
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\14_PLAN & PROFILE-1C20-1C26.DWG PLOT: 5/29/2025 3:24:31 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

KEY MAP
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 PP PP
PP PP
APN: 040-059-012APN: 040-059-011APN: 040-059-010APN: 040-059-009APN: 040-059-008APN: 040-059-007APN: 040-059-006 APN: 040-059-066
APN: 040-059-013
APN: 040-059-058APN: 040-059-065 APN: 040-059-065
POTHOLE #15
1C27
36SHUSHAN DRIVE - PHASE 2C
STA 10+00 TO STA 15+75

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\15_PLAN & PROFILE-1C27-1C32.DWG PLOT: 6/10/2025 12:32:43 PM BY KEVIN WILLIAMS OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 400
SCALE: 1" = 20'
20 40

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
15 3" 51" 2" STEEL GAS
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB
ELB
ELB
ELB
ELB
ELB
ELB
ELB
ELB
JP
APN: 040-059-055
APN: 040-059-056
APN: 040-059-053
APN: 040-059-052 APN: 040-059-049 APN: 040-059-048
APN: 040-059-047 APN: 040-059-046 APN: 040-059-045
APN: 040-059-022
APN: 040-059-021
APN: 040-059-020
APN: 040-059-057
APN: 040-059-028APN: 040-059-023
APN: 040-059-029
APN: 040-059-054
APN: 040-059-027
POTHOLE #11
1C28
37SHUSHAN DRIVE - PHASE 2C
STA 15+75 TO STA 21+50
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\15_PLAN & PROFILE-1C27-1C32.DWG PLOT: 6/10/2025 12:30:53 PM BY KEVIN WILLIAMS OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

KEY MAP
0 SCALE: 1" = 20'
20 400
SCALE: 1" = 20'
20 40

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
11 6" 51" 2" STEEL GAS
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB
ELB

ELBELB ELBELB
ELV
ELB
ELB
ELB
ELB
APN: 040-059-031APN: 040-059-030APN: 040-059-029APN: 040-059-028 APN: 040-059-044
APN: 040-059-042 APN: 040-059-041 APN: 040-059-040 APN: 040-059-039 APN: 040-059-043
APN: 040-059-032
ELB

KEEPCLEAR
APN: 040-059-034APN: 040-059-033
APN: 040-059-038APN: 040-059-039
1C29
38SHUSHAN DRIVE - PHASE 2C
STA 21+50 TO STA 27+25
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\15_PLAN & PROFILE-1C27-1C32.DWG PLOT: 6/10/2025 12:29:28 PM BY KEVIN WILLIAMS OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025

KEY MAP
0 SCALE: 1" = 20'
20 400
SCALE: 1" = 20'
20 40
1" = 20'
1" = 2'
0 SCALE: 1" = 20'
20 400
SCALE: 1" = 20'
20 40

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 EXISTING JOINT POLE

EXISTING POWER POLE

EXISTING POWER POLE

EXISTING POWER POLE
PP
PP
PP
JPAPN: 040-059-062
APN: 040-059-063 APN: 040-059-064 APN: 040-059-065
APN: 040-059-061
APN: 040-059-060 APN: 040-059-059 APN: 040-059-058
APN: 040-059-009
APN: 040-059-010POTHOLE #15
1C30
39SERGIS COURT - PHASE 2C
STA 9+50 TO STA 13+00

KEY MAP
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\15_PLAN & PROFILE-1C27-1C32.DWG PLOT: 5/29/2025 3:21:26 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
0 SCALE: 1" = 20'
20 40

POTHOLING TABLE

POTHOLE
NUMBER
AC

THIKNESS
DEPTH
TOP OF
PIPE
PIPE

DIAMETER
PIPE

MATERIAL UTILITY
15 3" 51" 2" STEEL GAS
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11

EXISTING JOINT POLE

EXISTING POWER POLE
PP JP
APN: 040-059-020 APN: 040-059-019 APN: 040-059-018
APN: 040-059-017
APN: 040-059-016
APN: 040-059-015
APN: 040-059-014
APN: 040-059-013
1 2
3 4
5 6
7 8
9 1C31
40 KEY MAP
0 SCALE: 1" = 20'
20 40
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\15_PLAN & PROFILE-1C27-1C32.DWG PLOT: 5/29/2025 3:21:47 PM BY NAHRAIN BENJAMIN OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
HOYLE COURT - PHASE 2C
STA 30+00 TO STA 33+00
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
1 2
3 4
5 6
7 8
9 ELB
ELB
ELB
ELB

ELB ELB
APN: 040-059-027
APN: 040-059-026
APN: 040-059-025
APN: 040-059-024
APN: 040-059-023
APN: 040-059-048
APN: 040-059-047
1C32
41 KEY MAP
0 SCALE: 1" = 20'
20 40
I:\J23417 CERES 2022 WATER MAIN REPLACEMENT\CAD\TASK-01 IMP PLANS\IMP PLANS\PLANSET\15_PLAN & PROFILE-1C27-1C32.DWG PLOT: 6/10/2025 12:28:50 PM BY KEVIN WILLIAMS OF 41
DRAWING NO.

SHEET NO.

REV DATE DESCRIPTION APP

DESIGNED BY
PROJECT NO.

DRAWN BY

CHECKED BY
DATE
APRIL 2025
J23417
0 1"

VERIFY SCALES

BAR IS ONE INCH ON

ORIGINAL DRAWING

IF NOT ONE INCH ON THIS

SHEET, ADJUST SCALES

ACCORDINGLY
AJV

NYB/SPD
AJV

CITY OF CERES
PARKSIDE ESTATES, WOODACRES, AND 6TH STREET

WATER MAIN AND SERVICE REPLACEMENT IMPROVEMENT PROJECT
4/4/2025
CRETE COURT - PHASE 2C
STA 9+50 TO STA 12+00
1" = 20'
1" = 2'

ATTACHMENT D
ITEM 11
- 81 -
EXHIBIT “C” -
SP

ECIAL CONDITIONS
ART
ICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ATTACHMENT D
ITEM 11
- 82 -
EXHIBIT “D” -

CERTIFICATION
LA
BOR CODE - SECTION 1861
I,
the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
_______________________________
[INSERT CONTRACTOR NAME]
By:
_________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

ATTACHMENT D
ITEM 11
- 83 -
EXHIBIT “E” -
PU

BLIC WORKS CONTRACTOR REGISTRATION

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

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

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. 1
Na
me of Contractor: _________________________
DIR Registration Number: _________________________
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor__________________________
Signature__________________________
Name and Title__________________________
Dated__________________________
1 If the Project is exempt from the contractor registration requirements pursuant to the small project ex
emption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

ATTACHMENT D
ITEM 11
- 84 -
EXHIBIT “F” -
PA

YMENT AND PERFORMANCE BONDS

ATTACHMENT D
ITEM 11
- 85 -

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

TH
AT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to Consolidated Engineering Inc., (hereinafter referred to as the “Contractor”) an agreement for 2024 Pavement Preservation (Rebid) (hereinafter referred to as the “Project”).

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

NOW, THEREFORE, we, Consolidated Engineering Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ONE MILLION, SIX HUNDRED FOURTY-SIX THOUSAND, FIVE HUNDRED TWENTY-FIVE DOLLARS and FIFTY-TWO CENTS ($1,646,525.52), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

ATTACHMENT D
ITEM 11
- 86 -
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

ATTACHMENT D
ITEM 11
- 87 -
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___).
(Corporate Seal)
Contractor/ Principal
By
Tit
le
(Corporate Seal) Surety
By
Attorney-in-Fact
Sig
natures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The
rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto

ATTACHMENT D
ITEM 11
- 88 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

ATTACHMENT D
ITEM 11
- 89 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

ATTACHMENT D
ITEM 11
- 90 -

RESERVE PAGE FOR POWER OF ATTORNEY

ATTACHMENT D
ITEM 11
- 91 -

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WH
EREAS, the City of Ceres (hereinafter designated as the “City”), by action taken or a resolution passed ____________ ___, 20___ has awarded to Consolidated Engineering Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
2024 Pavement Preservation (Rebid) (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ____________ ___, 20___ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ONE MILLION, SIX HUNDRED FOURTY- SIX THOUSAND, FIVE HUNDRED TWENTY-FIVE DOLLARS and FIFTY-TWO CENTS ($1,646,525.52) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the

ATTACHMENT D
ITEM 11
- 92 -
contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Tit
le
(Corporate Seal) Surety
By
Attorney-in-Fact
Ti
tle
Sig
natures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

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

ATTACHMENT D
ITEM 11
- 93 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

ATTACHMENT D
ITEM 11
- 94 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

ATTACHMENT D
ITEM 11
- 95 -

RESERVE PAGE FOR POWER OF ATTORNEY

ATTACHMENT D
ITEM 11
- 96 -

APPENDIX

ATTACHMENT D
ITEM 11
- 97 -

CITY OF CERES STANDARD DESIGNS

THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
RE

FER TO THE CITY OF CERES WEBSITE FOR THE COMPLETE LISTING OF STANDARD

DETAILS
https://www.ci.ceres.ca.us/DocumentCenter/View/2214/Ap proved-2018-Standard-Specifications- and-Design

ATTACHMENT D
ITEM 11
- 98 -

STATE GENERAL PREVAILING WAGE RATES
Gen
eral prevailing wage determination
Made by the Director of Industrial Relations
Pursuant to California Labor Code part 7,
Chapter 1, article 2, Sections 1770, 1773, and 1773.1
__________________________________________________
State of California Department of Industrial Relations Website:
http://www.dir.ca.gov/OPRL/PWD/index.htm

ATTACHMENT D
ITEM 11
- 99 -
REGULATION VIII – FUGITIVE PM10 PROHIBITIONS

ATTACHMENT D
ITEM 11
- 100 -

ATTACHMENT D
ITEM 11
- 101 -

ATTACHMENT D
ITEM 11
- 102 -

ATTACHMENT D
ITEM 11
- 103 -

ATTACHMENT D
ITEM 11
ITEM 11
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Permits, Bonds, Licenses, & Insurance LS 1 $20,000.00 $20,000.00 $61,404.00 $61,404.00 $70,000.00 $70,000.00 $37,730.00 $37,730.00 $70,000.00 $70,000.00 $16,815.00 $16,815.00 2 Public Convenience and Safety LS 1 $5,000.00 $5,000.00 $13,754.00 $13,754.00 $6,000.00 $6,000.00 $61,500.00 $61,500.00 $17,700.00 $17,700.00 $188,120.00 $188,120.00 3 Water Pollution Control (SWPPP and
BMP) LS 1 $6,500.00 $6,500.00 $35,854.00 $35,854.00 $15,000.00 $15,000.00 $12,263.00 $12,263.00 $9,440.00 $9,440.00 $8,395.00 $8,395.00 4 Street Sweeping SF 1 $12,285.00 $12,285.00 $15,704.00 $15,704.00 $3,000.00 $3,000.00 $31,750.00 $31,750.00 $60,000.00 $60,000.00 $12,620.00 $12,620.00 5 Clearing and Grubbing SF 1 $5,000.00 $5,000.00 $19,006.00 $19,006.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $46,800.00 $46,800.00 $2,215.00 $2,215.00 6 Surveying Services LS 1 $8,000.00 $8,000.00 $23,400.00 $23,400.00 $10,000.00 $10,000.00 $9,394.00 $9,394.00 $8,400.00 $8,400.00 $7,655.00 $7,655.00 7 Monumentation EA 1 $5,150.00 $5,150.00 $24,856.00 $24,856.00 $5,000.00 $5,000.00 $8,745.00 $8,745.00 $6,000.00 $6,000.00 $2,190.00 $2,190.00 8 Portable Changeable Message Signs EA 4 $2,000.00 $8,000.00 $8,476.00 $33,904.00 $3,000.00 $12,000.00 $3,000.00 $12,000.00 $3,000.00 $12,000.00 $5,975.00 $23,900.00 9 Trench Water Main and Services Patch LS 3781 $2.00 $7,562.00 $43.00 $162,583.00 $30.00 $113,430.00 $6.00 $22,686.00 $135.00 $510,435.00 $2.90 $10,964.90 10 Trench Connection to Existing Water
Main (4'x4') LF 6 $500.00 $3,000.00 $5,460.00 $32,760.00 $1,000.00 $6,000.00 $250.00 $1,500.00 $9,600.00 $57,600.00 $1,370.00 $8,220.00 11 Install New 8-inch C900 Water Main EA 3781 $80.00 $302,480.00 $56.00 $211,736.00 $60.00 $226,860.00 $70.00 $264,670.00 $30.00 $113,430.00 $124.00 $468,844.00 12 Install New 6-inch Gate Valve LF 4 $2,550.00 $10,200.00 $3,901.00 $15,604.00 $2,000.00 $8,000.00 $3,300.00 $13,200.00 $2,160.00 $8,640.00 $3,035.00 $12,140.00 13 Install New 8-inch Gate Valve EA 13 $3,435.00 $44,655.00 $3,397.00 $44,161.00 $2,400.00 $31,200.00 $4,105.00 $53,365.00 $2,640.00 $34,320.00 $3,745.00 $48,685.00 14 Install New 10-inch Gate Valve LF 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 Install New Reducers LF 5 $1,000.00 $5,000.00 $1,183.00 $5,915.00 $1,000.00 $5,000.00 $756.00 $3,780.00 $900.00 $4,500.00 $736.00 $3,680.00 16 Install New Tees LS 9 $1,500.00 $13,500.00 $2,062.00 $18,558.00 $1,300.00 $11,700.00 $1,263.00 $11,367.00 $1,200.00 $10,800.00 $1,185.00 $10,665.00 17 Install New ARV EA 1 $6,000.00 $6,000.00 $7,664.00 $7,664.00 $4,000.00 $4,000.00 $4,598.00 $4,598.00 $9,600.00 $9,600.00 $6,035.00 $6,035.00 18 Install Fire Hydrant Assembly w/ Valve EA 11 $13,500.00 $148,500.00 $12,112.00 $133,232.00 $10,000.00 $110,000.00 $12,594.00 $138,534.00 $14,400.00 $158,400.00 $18,315.00 $201,465.00 19 Install 1-inch Residential Water Service
Lateral EA 75 $3,000.00 $225,000.00 $2,137.00 $160,275.00 $3,500.00 $262,500.00 $3,420.00 $256,500.00 $3,360.00 $252,000.00 $5,430.00 $407,250.00 20 Disconnect from Existing Water System
- Plug and Cap Existing Water Main (to
be Abandon) EA 8 $1,000.00 $8,000.00 $2,876.00 $23,008.00 $2,000.00 $16,000.00 $2,972.00 $23,776.00 $6,000.00 $48,000.00 $4,480.00 $35,840.00 21 Connection to the Existing Water Main EA 6 $6,000.00 $36,000.00 $6,798.00 $40,788.00 $4,800.00 $28,800.00 $7,161.00 $42,966.00 $12,000.00 $72,000.00 $10,290.00 $61,740.00 22 Remove and Dispose Existing Fire
Hydrant EA 7 $900.00 $6,300.00 $1,033.00 $7,231.00 $2,000.00 $14,000.00 $1,560.00 $10,920.00 $1,800.00 $12,600.00 $4,690.00 $32,830.00 23 Remove and Dispose Existing Meters EA 78 $100.00 $7,800.00 $170.00 $13,260.00 $70.00 $5,460.00 $145.00 $11,310.00 $180.00 $14,040.00 $79.00 $6,162.00 24 Remove Existing Water Meter Boxes and
Restore Areas EA 78 $100.00 $7,800.00 $260.00 $20,280.00 $250.00 $19,500.00 $280.00 $21,840.00 $540.00 $42,120.00 $315.00 $24,570.00 25 Fill Existing Water Valve Boxes (to be
Abandon) Excavation with Slurry EA 22 $75.00 $1,650.00 $687.00 $15,114.00 $350.00 $7,700.00 $375.00 $8,250.00 $550.00 $12,100.00 $600.00 $13,200.00 26 Pressure Testing and Disenfection EA 1 $36,000.00 $36,000.00 $16,406.00 $16,406.00 $10,000.00 $10,000.00 $12,381.00 $12,381.00 $33,000.00 $33,000.00 $17,555.00 $17,555.00 27 Surface Restoration EA 15124 $11.00 $166,364.00 $2.50 $37,810.00 $13.00 $196,612.00 $24.50 $370,538.00 $10.00 $151,240.00 $10.75 $162,583.00 28 Yard Restoration LS 75 $750.00 $56,250.00 $385.00 $28,875.00 $300.00 $22,500.00 $130.00 $9,750.00 $420.00 $31,500.00 $280.00 $21,000.00 $1,161,996.00 $1,223,142.00 $1,230,262.00 $1,470,313.00 $1,806,665.00 $1,815,338.90

APPARENT LOW BIDDER
West Valley Constuction
Company, Inc.

Campbell, CA
Soracco, Inc.

Lodi, CA
United Pavement Maintenance,
Inc.

Hughson, CA
PN# 2524 6th St., Parkside, Woodacres Water Main

BID TABULATION SHEET
DA Wood Ro lfe Construction Inc.

Oakdale, CA Atwater, CA
BID DUE: July 10, 2025 at 2:30 PM
Mida Cal Pipeline & Utilities, Inc.

M
erced, CA

BASE BID
TOTAL BID:

ATTACHMENT E
ITEM 11
PN# 2524 6th St., Parkside, Woodacres Water Main

BID TABULATION SHEET
BI
D DUE: July 10, 2025 at 2:30 PM
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Permits, Bonds, Licenses, & Insurance LS 1 $5,500.00 $5,500.00 $20,202.00 $20,202.00 $15,000.00 $15,000.00 $26,000.00 $26,000.00 $50,000.00 $50,000.00 $15,160.00 $15,160.00 2 Public Convenience and Safety LS 1 $3,750.00 $3,750.00 $12,454.00 $12,454.00 $2,000.00 $2,000.00 $38,200.00 $38,200.00 $11,800.00 $11,800.00 $94,155.00 $94,155.00 3 Water Pollution Control (SWPPP and
BMP) LS 1 $6,500.00 $6,500.00 $9,854.00 $9,854.00 $3,000.00 $3,000.00 $6,944.00 $6,944.00 $5,900.00 $5,900.00 $9,200.00 $9,200.00 4 Street Sweeping SF 1 $6,800.00 $6,800.00 $7,202.00 $7,202.00 $1,500.00 $1,500.00 $19,050.00 $19,050.00 $30,000.00 $30,000.00 $12,010.00 $12,010.00 5 Clearing and Grubbing SF 1 $5,000.00 $5,000.00 $12,506.00 $12,506.00 $2,000.00 $2,000.00 $10,000.00 $10,000.00 $30,000.00 $30,000.00 $5,150.00 $5,150.00 6 Surveying Services LS 1 $5,250.00 $5,250.00 $7,150.00 $7,150.00 $2,000.00 $2,000.00 $5,346.00 $5,346.00 $6,000.00 $6,000.00 $4,125.00 $4,125.00 7 Monumentation EA 1 $5,150.00 $5,150.00 $15,054.00 $15,054.00 $1,000.00 $1,000.00 $9,075.00 $9,075.00 $6,000.00 $6,000.00 $2,430.00 $2,430.00 8 Portable Changeable Message Signs EA 4 $1,400.00 $5,600.00 $5,369.00 $21,476.00 $1,500.00 $6,000.00 $3,000.00 $12,000.00 $3,000.00 $12,000.00 $3,315.00 $13,260.00 9 Trench Water Main and Services Patch LS 1247 $2.00 $2,494.00 $51.00 $63,597.00 $30.00 $37,410.00 $6.00 $7,482.00 $135.00 $168,345.00 $10.00 $12,470.00 10 Trench Connection to Existing Water
Main (4'x4') LF 2 $600.00 $1,200.00 $5,239.00 $10,478.00 $1,000.00 $2,000.00 $250.00 $500.00 $9,600.00 $19,200.00 $4,415.00 $8,830.00 11 Install New 8-inch C900 Water Main EA 1247 $83.00 $103,501.00 $60.00 $74,820.00 $60.00 $74,820.00 $74.00 $92,278.00 $30.00 $37,410.00 $127.00 $158,369.00 12 Install New 6-inch Gate Valve LF 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13 Install New 8-inch Gate Valve EA 7 $3,435.00 $24,045.00 $3,148.00 $22,036.00 $2,400.00 $16,800.00 $4,140.00 $28,980.00 $2,640.00 $18,480.00 $4,225.00 $29,575.00 14 Install New 10-inch Gate Valve LF 1 $5,150.00 $5,150.00 $5,728.00 $5,728.00 $3,800.00 $3,800.00 $5,970.00 $5,970.00 $3,000.00 $3,000.00 $6,045.00 $6,045.00 15 Install New Reducers LF 2 $1,500.00 $3,000.00 $1,853.00 $3,706.00 $1,000.00 $2,000.00 $1,360.00 $2,720.00 $900.00 $1,800.00 $1,350.00 $2,700.00 16 Install New Tees LS 2 $2,500.00 $5,000.00 $2,647.50 $5,295.00 $1,300.00 $2,600.00 $1,716.00 $3,432.00 $1,200.00 $2,400.00 $2,215.00 $4,430.00 17 Install New ARV EA 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 18 Install Fire Hydrant Assembly w/ Valve EA 5 $13,500.00 $67,500.00 $13,385.00 $66,925.00 $10,000.00 $50,000.00 $13,500.00 $67,500.00 $14,400.00 $72,000.00 $19,795.00 $98,975.00 19 Install 1-inch Residential Water Service
Lateral EA 37 $2,500.00 $92,500.00 $2,351.00 $86,987.00 $3,500.00 $129,500.00 $2,596.00 $96,052.00 $3,360.00 $124,320.00 $5,535.00 $204,795.00 20 Disconnect from Existing Water System
- Plug and Cap Existing Water Main (to
be Abandon) EA 2 $1,250.00 $2,500.00 $8,190.00 $16,380.00 $2,000.00 $4,000.00 $3,475.00 $6,950.00 $6,000.00 $12,000.00 $8,320.00 $16,640.00 21 Connection to the Existing Water Main EA 2 $10,500.00 $21,000.00 $9,754.50 $19,509.00 $4,000.00 $8,000.00 $7,180.00 $14,360.00 $12,000.00 $24,000.00 $10,985.00 $21,970.00 22 Remove and Dispose Existing Fire
Hydrant EA 1 $900.00 $900.00 $2,626.00 $2,626.00 $2,000.00 $2,000.00 $1,860.00 $1,860.00 $1,800.00 $1,800.00 $4,675.00 $4,675.00 23 Remove and Dispose Existing Meters EA 37 $100.00 $3,700.00 $409.00 $15,133.00 $70.00 $2,590.00 $145.00 $5,365.00 $180.00 $6,660.00 $86.00 $3,182.00 24 Remove Existing Water Meter Boxes and
Restore Areas EA 37 $100.00 $3,700.00 $409.00 $15,133.00 $250.00 $9,250.00 $280.00 $10,360.00 $540.00 $19,980.00 $855.00 $31,635.00 25 Fill Existing Water Valve Boxes (to be
Abandon) Excavation with Slurry EA 4 $75.00 $300.00 $409.00 $1,636.00 $350.00 $1,400.00 $375.00 $1,500.00 $600.00 $2,400.00 $640.00 $2,560.00 26 Pressure Testing and Disenfection EA 1 $13,000.00 $13,000.00 $11,154.00 $11,154.00 $3,000.00 $3,000.00 $12,500.00 $12,500.00 $24,000.00 $24,000.00 $19,970.00 $19,970.00 27 Surface Restoration EA 4988 $17.00 $84,796.00 $5.00 $24,940.00 $13.00 $64,844.00 $36.00 $179,568.00 $10.50 $52,374.00 $11.65 $58,110.20 28 Yard Restoration LS 37 $750.00 $27,750.00 $603.00 $22,311.00 $300.00 $11,100.00 $120.00 $4,440.00 $420.00 $15,540.00 $310.00 $11,470.00 $505,586.00 $574,292.00 $457,614.00 $668,432.00 $757,409.00 $851,891.20TOTAL BID:

Atwater, CA Merced, CA Hughson, CA Lodi, CA Campbell, CA Rolfe Construction Inc. Mida Cal Pipeline & Utilities, Inc. United Pavement Maintenance, Inc. Soracco, Inc. West Valley Constuction
Company, Inc.DA Wood
Oakdale, CA
BID ALT 2A

ATTACHMENT E
ITEM 11
PN# 2524 6th St., Parkside, Woodacres Water Main

BID TABULATION SHEET
BI
D DUE: July 10, 2025 at 2:30 PM
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Permits, Bonds, Licenses, & Insurance LS 1 $5,500.00 $5,500.00 $20,202.00 $20,202.00 $25,000.00 $25,000.00 $30,000.00 $30,000.00 $50,000.00 $50,000.00 $21,360.00 $21,360.00 2 Public Convenience and Safety LS 1 $3,750.00 $3,750.00 $11,154.00 $11,154.00 $2,000.00 $2,000.00 $47,600.00 $47,600.00 $11,800.00 $11,800.00 $119,110.00 $119,110.00 3 Water Pollution Control (SWPPP and
BMP) LS 1 $5,000.00 $5,000.00 $11,154.00 $11,154.00 $5,400.00 $5,400.00 $6,944.00 $6,944.00 $5,900.00 $5,900.00 $9,200.00 $9,200.00 4 Street Sweeping SF 1 $10,850.00 $10,850.00 $7,202.00 $7,202.00 $2,000.00 $2,000.00 $25,400.00 $25,400.00 $36,000.00 $36,000.00 $8,005.00 $8,005.00 5 Clearing and Grubbing SF 1 $5,000.00 $5,000.00 $2,626.00 $2,626.00 $4,000.00 $4,000.00 $10,000.00 $10,000.00 $36,000.00 $36,000.00 $5,150.00 $5,150.00 6 Surveying Services LS 1 $5,500.00 $5,500.00 $3,250.00 $3,250.00 $4,000.00 $4,000.00 $5,995.00 $5,995.00 $6,000.00 $6,000.00 $5,340.00 $5,340.00 7 Monumentation EA 1 $5,150.00 $5,150.00 $14,404.00 $14,404.00 $2,000.00 $2,000.00 $9,075.00 $9,075.00 $6,000.00 $6,000.00 $2,430.00 $2,430.00 8 Portable Changeable Message Signs EA 4 $2,000.00 $8,000.00 $488.00 $1,952.00 $1,500.00 $6,000.00 $3,000.00 $12,000.00 $3,000.00 $12,000.00 $3,315.00 $13,260.00 9 Trench Water Main and Services Patch LS 2165 $2.00 $4,330.00 $36.00 $77,940.00 $30.00 $64,950.00 $6.00 $12,990.00 $135.00 $292,275.00 $6.00 $12,990.00 10 Trench Connection to Existing Water
Main (4'x4') LF 4 $600.00 $2,400.00 $3,107.00 $12,428.00 $1,000.00 $4,000.00 $250.00 $1,000.00 $9,600.00 $38,400.00 $2,210.00 $8,840.00 11 Install New 8-inch C900 Water Main EA 2165 $82.00 $177,530.00 $55.00 $119,075.00 $60.00 $129,900.00 $75.00 $162,375.00 $30.00 $64,950.00 $139.00 $300,935.00 12 Install New 6-inch Gate Valve LF 2 $2,550.00 $5,100.00 $2,544.00 $5,088.00 $2,000.00 $4,000.00 $3,300.00 $6,600.00 $2,160.00 $4,320.00 $3,495.00 $6,990.00 13 Install New 8-inch Gate Valve EA 12 $3,435.00 $41,220.00 $3,419.00 $41,028.00 $2,400.00 $28,800.00 $4,140.00 $49,680.00 $2,640.00 $31,680.00 $4,125.00 $49,500.00 14 Install New 10-inch Gate Valve LF 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 Install New Reducers LF 2 $1,000.00 $2,000.00 $1,282.00 $2,564.00 $1,000.00 $2,000.00 $1,360.00 $2,720.00 $900.00 $1,800.00 $815.00 $1,630.00 16 Install New Tees LS 6 $1,500.00 $9,000.00 $1,399.00 $8,394.00 $1,300.00 $7,800.00 $1,263.00 $7,578.00 $1,200.00 $7,200.00 $1,360.00 $8,160.00 17 Install New ARV EA 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 18 Install Fire Hydrant Assembly w/ Valve EA 6 $13,500.00 $81,000.00 $11,861.00 $71,166.00 $10,000.00 $60,000.00 $13,500.00 $81,000.00 $14,400.00 $86,400.00 $19,040.00 $114,240.00 19 Install 1-inch Residential Water Service
Lateral EA 46 $2,500.00 $115,000.00 $2,280.00 $104,880.00 $3,500.00 $161,000.00 $2,595.00 $119,370.00 $3,360.00 $154,560.00 $5,650.00 $259,900.00 20 Disconnect from Existing Water System
- Plug and Cap Existing Water Main (to
be Abandon) EA 4 $1,000.00 $4,000.00 $6,077.00 $24,308.00 $2,000.00 $8,000.00 $3,475.00 $13,900.00 $6,000.00 $24,000.00 $8,320.00 $33,280.00 21 Connection to the Existing Water Main EA 4 $8,250.00 $33,000.00 $7,622.00 $30,488.00 $4,800.00 $19,200.00 $7,180.00 $28,720.00 $12,000.00 $48,000.00 $9,675.00 $38,700.00 22 Remove and Dispose Existing Fire
Hydrant EA 3 $900.00 $2,700.00 $875.00 $2,625.00 $2,000.00 $6,000.00 $1,860.00 $5,580.00 $1,800.00 $5,400.00 $4,675.00 $14,025.00 23 Remove and Dispose Existing Meters EA 44 $100.00 $4,400.00 $314.00 $13,816.00 $70.00 $3,080.00 $145.00 $6,380.00 $180.00 $7,920.00 $86.00 $3,784.00 24 Remove Existing Water Meter Boxes and
Restore Areas EA 44 $100.00 $4,400.00 $314.00 $13,816.00 $250.00 $11,000.00 $280.00 $12,320.00 $540.00 $23,760.00 $730.00 $32,120.00 25 Fill Existing Water Valve Boxes (to be
Abandon) Excavation with Slurry EA 12 $75.00 $900.00 $219.00 $2,628.00 $350.00 $4,200.00 $375.00 $4,500.00 $600.00 $7,200.00 $640.00 $7,680.00 26 Pressure Testing and Disenfection EA 1 $22,000.00 $22,000.00 $13,806.00 $13,806.00 $6,000.00 $6,000.00 $12,500.00 $12,500.00 $30,000.00 $30,000.00 $19,970.00 $19,970.00 27 Surface Restoration EA 8740 $15.00 $131,100.00 $2.60 $22,724.00 $13.00 $113,620.00 $30.10 $263,074.00 $10.50 $91,770.00 $12.50 $109,250.00 28 Yard Restoration LS 46 $750.00 $34,500.00 $428.00 $19,688.00 $300.00 $13,800.00 $120.00 $5,520.00 $420.00 $19,320.00 $305.00 $14,030.00 $723,330.00 $658,406.00 $697,750.00 $942,821.00 $1,102,655.00 $1,219,879.00TOTAL BID:

Atwater, CA Merced, CA Hughson, CA Lodi, CA Campbell, CA Rolfe Construction Inc. Mida Cal Pipeline & Utilities, Inc. United Pavement Maintenance, Inc. Soracco, Inc. West Valley Constuction
Company, Inc.BID ALT 2B DA Wood
Oakdale, CA

ATTACHMENT E
ITEM 11
PN# 2524 6th St., Parkside, Woodacres Water Main

BID TABULATION SHEET
BI
D DUE: July 10, 2025 at 2:30 PM
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Permits, Bonds, Licenses, & Insurance LS 1 $5,500.00 $5,500.00 $7,202.00 $7,202.00 $28,000.00 $28,000.00 $31,500.00 $31,500.00 $50,000.00 $50,000.00 $12,540.00 $12,540.00 2 Public Convenience and Safety LS 1 $3,200.00 $3,200.00 $11,154.00 $11,154.00 $3,000.00 $3,000.00 $47,600.00 $47,600.00 $11,800.00 $11,800.00 $129,580.00 $129,580.00 3 Water Pollution Control (SWPPP and
BMP) LS 1 $5,000.00 $5,000.00 $11,154.00 $11,154.00 $7,000.00 $7,000.00 $6,944.00 $6,944.00 $5,900.00 $5,900.00 $8,915.00 $8,915.00 4 Street Sweeping SF 1 $10,000.00 $10,000.00 $7,202.00 $7,202.00 $2,500.00 $2,500.00 $25,400.00 $25,400.00 $36,000.00 $36,000.00 $12,610.00 $12,610.00 5 Clearing and Grubbing SF 1 $5,000.00 $5,000.00 $1,638.00 $1,638.00 $4,000.00 $4,000.00 $10,000.00 $10,000.00 $36,000.00 $36,000.00 $18,200.00 $18,200.00 6 Surveying Services LS 1 $5,700.00 $5,700.00 $3,250.00 $3,250.00 $5,000.00 $5,000.00 $7,007.00 $7,007.00 $6,000.00 $6,000.00 $6,555.00 $6,555.00 7 Monumentation EA 1 $5,150.00 $5,150.00 $10,452.00 $10,452.00 $3,000.00 $3,000.00 $10,835.00 $10,835.00 $6,000.00 $6,000.00 $2,425.00 $2,425.00 8 Portable Changeable Message Signs EA 4 $2,000.00 $8,000.00 $4,875.00 $19,500.00 $2,000.00 $8,000.00 $3,000.00 $12,000.00 $3,000.00 $12,000.00 $3,315.00 $13,260.00 9 Trench Water Main and Services Patch LS 2605 $2.00 $5,210.00 $35.00 $91,175.00 $30.00 $78,150.00 $6.00 $15,630.00 $135.00 $351,675.00 $5.00 $13,025.00 10 Trench Connection to Existing Water
Main (4'x4') LF 4 $600.00 $2,400.00 $6,077.00 $24,308.00 $1,000.00 $4,000.00 $250.00 $1,000.00 $9,600.00 $38,400.00 $2,210.00 $8,840.00 11 Install New 8-inch C900 Water Main EA 2605 $82.00 $213,610.00 $63.00 $164,115.00 $60.00 $156,300.00 $75.00 $195,375.00 $30.00 $78,150.00 $145.00 $377,725.00 12 Install New 6-inch Gate Valve LF 1 $2,550.00 $2,550.00 $16,284.00 $16,284.00 $2,000.00 $2,000.00 $3,300.00 $3,300.00 $2,160.00 $2,160.00 $3,765.00 $3,765.00 13 Install New 8-inch Gate Valve EA 10 $3,435.00 $34,350.00 $3,181.00 $31,810.00 $2,400.00 $24,000.00 $4,140.00 $41,400.00 $2,640.00 $26,400.00 $4,145.00 $41,450.00 14 Install New 10-inch Gate Valve LF 1 $5,150.00 $5,150.00 $5,728.00 $5,728.00 $3,800.00 $3,800.00 $5,970.00 $5,970.00 $3,000.00 $3,000.00 $6,040.00 $6,040.00 15 Install New Reducers LF 2 $1,400.00 $2,800.00 $1,568.00 $3,136.00 $1,000.00 $2,000.00 $1,360.00 $2,720.00 $900.00 $1,800.00 $1,085.00 $2,170.00 16 Install New Tees LS 5 $2,000.00 $10,000.00 $1,654.00 $8,270.00 $1,300.00 $6,500.00 $1,263.00 $6,315.00 $1,200.00 $6,000.00 $1,565.00 $7,825.00 17 Install New ARV EA 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 18 Install Fire Hydrant Assembly w/ Valve EA 9 $13,500.00 $121,500.00 $11,927.00 $107,343.00 $10,000.00 $90,000.00 $13,500.00 $121,500.00 $14,400.00 $129,600.00 $19,540.00 $175,860.00 19 Install 1-inch Residential Water Service
Lateral EA 57 $2,500.00 $142,500.00 $2,248.00 $128,136.00 $3,500.00 $199,500.00 $2,595.00 $147,915.00 $3,360.00 $191,520.00 $5,200.00 $296,400.00 20 Disconnect from Existing Water System
- Plug and Cap Existing Water Main (to
be Abandon) EA 2 $1,000.00 $2,000.00 $8,190.00 $16,380.00 $2,000.00 $4,000.00 $3,475.00 $6,950.00 $6,000.00 $12,000.00 $8,320.00 $16,640.00 21 Connection to the Existing Water Main EA 2 $10,000.00 $20,000.00 $9,422.00 $18,844.00 $4,800.00 $9,600.00 $7,180.00 $14,360.00 $12,000.00 $24,000.00 $10,360.00 $20,720.00 22 Remove and Dispose Existing Fire
Hydrant EA 4 $900.00 $3,600.00 $3,127.00 $12,508.00 $2,000.00 $8,000.00 $1,860.00 $7,440.00 $1,800.00 $7,200.00 $4,675.00 $18,700.00 23 Remove and Dispose Existing Meters EA 48 $100.00 $4,800.00 $274.00 $13,152.00 $70.00 $3,360.00 $145.00 $6,960.00 $180.00 $8,640.00 $86.00 $4,128.00 24 Remove Existing Water Meter Boxes and
Restore Areas EA 48 $100.00 $4,800.00 $288.00 $13,824.00 $250.00 $12,000.00 $280.00 $13,440.00 $540.00 $25,920.00 $635.00 $30,480.00 25 Fill Existing Water Valve Boxes (to be
Abandon) Excavation with Slurry EA 15 $75.00 $1,125.00 $877.00 $13,155.00 $350.00 $5,250.00 $375.00 $5,625.00 $600.00 $9,000.00 $640.00 $9,600.00 26 Pressure Testing and Disenfection EA 1 $26,000.00 $26,000.00 $16,406.00 $16,406.00 $8,000.00 $8,000.00 $12,500.00 $12,500.00 $30,000.00 $30,000.00 $19,970.00 $19,970.00 27 Surface Restoration EA 10632 $19.00 $202,008.00 $2.50 $26,580.00 $13.00 $138,216.00 $26.50 $281,748.00 $10.50 $111,636.00 $11.15 $118,546.80 28 Yard Restoration LS 57 $750.00 $42,750.00 $414.00 $23,598.00 $300.00 $17,100.00 $120.00 $6,840.00 $420.00 $23,940.00 $300.00 $17,100.00 $894,703.00 $806,304.00 $832,276.00 $1,048,274.00 $1,244,741.00 $1,393,069.80 $3,217,902.00 $4,129,840.00 $4,911,470.00 $5,280,178.90 TOTAL BID:

TOTAL BASE BID + ALT 2A + ALT 2B + ALT 2C: $3,285,615.00 $3 ,262,144.00 Atwater, CA Merced, CA Hughson, CA Lodi, CA Campbell, CA Rolfe Construction Inc. Mida Cal Pipeline & Utilities, Inc. United Pavement Maintenance, Inc. Soracco, Inc. West Valley Constuction
Company, Inc.BID ALT 2C DA Wood
Oakdale, CA

ATTACHMENT E
ITEM 11

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: July 28, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sam Royal, Director of Public Works
[email protected], (209) 538-5717
SUBJECT:

Resolution No. 202 5-XXX, Approving the Purchase of an Electric Step Van from Kingsburg Truck Center , Inc. as Part of the Fleet Replacement Program and A pproving a Budget Amendment to Allocate Funds for the Purchase
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve a Purchase Order with Kingsburg Truck Center Incorporated for the acquisition of an electric step van and authorize a budget amendment to allocate funds for the purchase.

I. BACKGROUND:

The Public Works Facilities Division requires a step van for event set up and materials transportation. The California Air Resources Board (CARB) adopted the Advanced Clean Fleets (ACF) Regulation, requiring public agencies to begin transitioning their medium - and heavy-duty fleet vehicles to zero -emission alternatives. Until January 1, 2030, High Priority and Federal Fleets and State and Local Government Agency Fleets may opt-in to the ZEV Milestones Option and meet zero -emissions vehicle (ZEV) targets as a percentage of their California fleets, as an alternative complia nce option t o the Model Year Schedule. This option allows for phasing ZEVs into the fleet between 2025 and 2042, depending on the type of vehicle and its usage. If choosing this option, starting January 1, 2025, fleet owners must continuously meet or exceed the ZEV Fl eet Milestone percentage requirements for their California fleets. The California fleet includes vehicles operated in California by a fleet owner or controlling party during a calendar year and includes vehicles under common ownership or control. The ZEV F leet Milestone percentages must be maintained each year until the next compliance milestone; for example, from January 1, 2025, until December 31, 2027, at least 10 percent of Milestone Group one vehicles in the California fleet must be ZEVs.

ITEM 12
ITEM 12

II. REASONS FOR RECOMMENDATION:

Keeping in mind the ACF regulation, staff began searching for an electric step van for the Facilities Division. Kingsburg Truck Center Incorporated has a vehicle meeting the needs of the City and requirements set forth by the state and is part of the Sourcewell state contract ensuring the best prices for vehicles purchased by municipalities.

Simultaneously, staff learned of the Hybrid and Zero -Emission Truck and Bus Voucher Incentive Project (HVIP) which is a state program granting funding to reduce the overall vehicle cost to municipalities in the transition to ZEV’s . If awarded, the voucher would reduce the cost of the vehicle by $30,000.00. The application, which is not open for submission until a to -be-determined date in August 2025 , has strict guidelines for approval and applications are processed in the order received. One requirement is that a current purchase order be submitted alongside the application , ensuring funding is available to cover any cost over the $30,000 voucher and identifying an authorized vendor. Applications received without purchase orders are to be considered incomplete and will be waitlisted as other applications are approved. Funding is limited and if the application is waitlisted, presumptively the funds will be depleted before reverting to waitlisted applicants.

III. FISCAL IMPACTS:

Staff recommends that the Council approve a purchase order in the amount of $62,105.25 for the vehicle using grant funding. This action will ensure the vehicle can still be purchased in the event the HVIP application is denied for any reason. If the City is awarded the HV IP voucher, the cost of the vehicle will be reduced to $32,105.25, and the remaining funds encumbered under the purchase order will be liquidated.

This vehicle purchase was not originally budgeted in Fiscal Year 2025/26. However, Fund 610 (ISF Equipment Replacement Pool) has sufficient capacity to absorb the cost. In FY 2024/25, $110,451.99 was received from the sale of surplus miscellaneous property , which is more than the amount needed to fund the purchase. A budget amendment is required to appropriate $62,105.25 for the purchase of the EV Step Van.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

Supports the City’s Strategic Plan goals related to environmental responsibility, infrastructure modernization, and regulatory compliance.

V. POLICY ALTERNATIVES:

Do not approve the purchase or delay the action. This will result in loss of HVIP funding eligibility and possible noncompliance with CARB regulations in 2027.

VI. INTERDEPARTMENTAL COORDINATION:

N/A

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VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon Council approval, staff will acquire the purchase order and the Finance Director will record the accounting entries.

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – Vehicle Quote from Kingsburg Truck Center Inc.

4. Attachment D – HVIP Voucher Program Form

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ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING THE PURCHASE OF AN ELECTRIC STEP VAN FROM
KINGSBURG TRUCK CENTER, INC. AS PART OF THE FLEET

REPLACEMENT PROGRAM AND APPROVING A BUDGET

AMENDMENT TO ALLOCATE FUNDS

THE CITY COUNCIL
City of Ceres

WHEREAS, the Public Works Facilities Division requires a step van for event set up and materials transportation; and

WHEREAS, the California Air Resources Board (CARB) adopted the Advanced Clean Fleets (ACF) Regulation, requiring public agencies to begin transitioning their medium- and heavy-duty fleet vehicles to zero-emission alternatives; and

WHEREAS, Kingsburg Truck Center Incorporated has a vehicle quoted at $62,105.25 which meets the needs of the City and requirements set forth by the state and is a vendor included in the Sourcewell state contract ensuring the best prices for vehicles purchased by municipalities; and

WHEREAS, staff intends to apply for the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) which if awarded could reduce the cost of the vehicle by $30,000.00; and

WHEREAS, one requirement of the HVIP project is that a current purchase order be submitted alongside the application, ensuring funding is available to cover any cost over the $30,000.00 voucher and identifying an authorized vendor; and

WHEREAS, staff requests a purchase order for the price of the vehicle without the HVIP funding to ensure the vehicle can still be purchased should the HVIP application be denied; and

WHEREAS, adequate funding is available in Fund 610 – ISF Equipment Replacement Pool; and

WHEREAS, a budget amendment is necessary to provide funding for the total appropriation request of $62,105.25 in Account No. 61020.051100.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the purchase of an electric step van from Kingsburg Truck Center, Inc. as part of the Fleet Replacement Program and approves a budget amendment to allocate funds.

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

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ATTACHMENT A

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 28th day of July 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
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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:

ATTACHMENT B
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THIS IS AN ESTIMA TE ONLY - 50% DEPOSIT REQUIRED ON ALL QUOTES BEFORE STARTING ANY WORK. 3% credit card fee.

Please allow 10-15% variance in prices. Does not guarantee price.

Quote is valid for 30 days from original date of quote.

Thank you for the opportunity to quote your service needs.