Ceres City Council
August 11, 2025

AGENDA

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, August 11, 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 Ken Sylvia, Youth for Christ.

Click this link to join the webinar:
https://us02web.zoom.us/j/84852232120?pwd=cmMHdWDwmbO570FXZduw4IqmteR3L8.1 Webinar ID: 848 5223 2120; Passcode: 728330; or Dial: (669) 900-6833

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

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

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

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

AGENDA
Regular City Council Meeting
August 11, 2025

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Summit Charter Academy.

PRESENTATIONS

None

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

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

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

A. Council Designation of a Voting Delegate and Alternate Delegate to Represent the City of Ceres at the League of California Cities’ 2025 Annual Conference.

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

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

1. Clerks Report of Posting. The agenda of the August 11, 2025, City Council Meeting was Posted on Wednesday, August 6, 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 28 , 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated July 16 , 202 5, through July 24 , 2025 . (Esenwein)

5. General Correspondence – Information Only
a. 2025 Public Health Goals. (Royal)
b. PFAS Presence Exceedance Letter. (Royal)
AGENDA
Regular City Council Meeting
August 11, 2025

6. Resolution No. 2025-XXX, Approving a Construction Contract with DSS Company (dba Knife River Construction) for the Hatch Road 18” Water Transmission Main Project (Project No. 2525) in the Amount of $1,895,750.00, Approving a 10% Contingency, Approving a 10% Construction Support Bu dget, Resulting in a Total Construction Budget Authorization of $2,274,900.00, and Authorizing the City Manager to Execute the Contract. (Beltran)

7. Resolution No. 202 5-XXX, Approv ing an Amendment to the Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority and Authorizing the City Manager to Execute the Amendment. (Vasquez)

8. Resolution No. 2025 -XXX, Appropriating Additional Funding for CML-5241(074) Bike Lane Corridors – Class II and Approving a Budget Amendment in the Amount of $50,000.00. (Beltran)

9. Resolution No. 2025-XXX, Accepting the George Costa Fields Lighting Grant from the Turlock Irrigation District in the Amount of $69,546.00, Appropriating the Grant Amount to a New Project String, and Authorizing the City Manager to Sign the Award Letter. (Beltran)

10. Resolution No. 202 5-XXX, Approving an Agreement with Access Electric for George Costa Fields Lighting in the Amount of $178,708.00, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement. (Beltran)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

11. 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)

12. 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)

PUBLIC HEARING

13. Resolution No. 202 5-XXX, Approving the Fiscal Year 2025 -26 Amended Engineer’s Report and Ordering the Levy of Assessments for the 1987 Landscape and Lighting District for Fiscal Year 2025-26. (Beltran)

14. Resolution No. 202 5-XXX, Denying the Appeal of Planning Commission’s Approval of Conditional Use Permit (CUP) Application Number 24-09 for a Maverik AGENDA
Regular City Council Meeting
August 11, 2025

Fueling Station, Located at the Southeast Corner of Mitchell Road and Rohde Road in Ceres, CA (APN: 041-018-007). (City Manager)

15. 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 Revocat ion 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)

NEW BUSINESS

None

DISCUSSION ITEMS

None

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

16. Reestablish the Transient Occupancy Tax Advisory Committee (Requested by Councilmember Otero at the July 14, 2025, Regular City Council Meeeting)

17. Increase Permitted Watering Days from Two to Three Days per Week (Requested by Councilmember Otero on July 22, 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

18. Conference with Labor Negotiators, Cal Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary AGENDA
Regular City Council Meeting
August 11, 2025

schedules, or compensation paid in the form of fridge benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.”
Agency Designated Representative: City Manager, Douglas D. Dunford and Human Resources Director, Delilah Vasquez
Employee Organization: Ceres Police Officers’ Association Employee Organization: First Line Supervisors/Confidential Bargaining Group Employee Organization: Laborers’ International Union of North America (LiUNA!) Employee Organization: Mid-Managers Bargaining Group
Employee Organization: Public Safety Managers

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on August 25, 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 -

AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for the Regular City Council Meeting was posted on Wednesday, August 6, 2025, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

AGENDA
Regular City Council Meeting
August 11, 2025

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).

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: August 11, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Fallon Martin, City Clerk
[email protected], (209) 538-5731
SUBJECT: Council Designation of a Voting Delegate and Alternate Delegate to Represent the City of Ceres at the League of California Cities’ 2025 Annual Conference
RECOMMENDED COUNCIL ACTION:

Council designation of a voting delegate to represent the City of Ceres at the League of California Cities’ 2025 Annual Conference.

I. BACKGROUND:

The League of California Cities (League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities.

Founded in 1898, the League is a member organization that represents California’s incorporated cities. The League strives to protect the authority and autonomy of city government and help California’s cities effectively serve their residents.

The League has eight standing policy committees which make recommendations to the Board of Directors on legislation, new policy guidelines, and key issues impacting cities.

The committees are composed of elected and appointed city officials throughout the state of California.

II. REASONS FOR RECOMMENDATION:

Each y ear the League holds an annual conference. This year’s annual conference is scheduled for Octo ber 8-10, 202 5, in Long Beach. An important part of the annual conference is the General Assembly Meeting which is where the membership considers and takes action on resolutions that establish League policy. The General Assembly Meeting is scheduled for Friday, October 10 , 2025 . To vote at the General Assembly Meeting, the City Council must, by formal Council action, designate a primary voting ITEM A
delegate. In the event the primary delegate is unable to serve in that capacity, Council may appoint up to two alternate voting delegates. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the General Assembly Meeting and in possession of the voting card to cast a vote.

III. FISCAL IMPACTS:

There is no fiscal impact associated with the recommended Council action.

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:

The City Clerk will complete and submit the 2025 Annual Conference Voting Delegate/Alternate Form and forward to the League of California Cities.

Approved by: ___________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – 2025 Voting Delegate Packet
ITEM A

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 16, 2025

TO: Mayors, Council Members, City Clerks, and City Managers

RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center

Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025

ATTACHMENT A
ITEM A

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

ATTACHMENT A
ITEM A

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

ATTACHMENT A
ITEM A
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

ATTACHMENT 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 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 called the July 28, 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 Tim Giannosa, Big Valley Grace Community Church.

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

PRESENTATIONS
A. Health Center Week Proclamation
Staff members from Golden Valley Health Center accepted the proclamation.

CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Justin Farkas spoke regarding updates on Assemblyman Juan Alanis’ office.

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

Japjeet Singh Uppal spoke regarding updates on Supervisor Channce Condit’s office.

John Warren spoke regarding the Lazy Wheels update.

Nasson Sanchez spoke regarding National Night Out.

Brandy Meyer spoke regarding upcoming Ceres Chamber of Commerce events.

Steve Bain spoke regarding the flyer sent out by Councilmembers Casey and Otero and the agendized admonishment item.

CONFLICT OF INTEREST DECLARATION

None

APPOINTMENTS TO BOARDS/COMMISSIONS

None

CONSENT CALENDAR

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. Removed for separate consideration.

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)

6. Waiver of Second Reading and Adoption of Ordinance No. 2025 -1089, 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 Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

Chapter 2, Building Code, of Title 15, Buildings and Construction, of the Ceres Municipal Code. (Beltran)

7. Resolution No. 2025-078, 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. 2025-079, 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. 2025-080, 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. 2025-081, 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. Removed for separate consideration.

12. Removed for separate consideration.

13. Removed for separate consideration.

14. Removed for separate consideration.

15. Resolution No. 2025 -086, Approving Payment to Howk Systems for Emergency Pump Repairs and Well Rehabilitation Performed at Well 28 Located at River Bluff Regional Park. (Royal)

16. Removed for separate consideration.

17. Removed for separate consideration.

18. Removed for separate consideration.

19. Removed for separate consideration.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving items 1 – 3, 5 – 10, & 15. Motion carried 5/0/0/0 by the following roll call vote:

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

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 July 2, 2025, through July 9, 2025 . (Esenwein)

Councilmember Casey inquired about inspected public safety vehicles, Whitmore gazebo expenses, and public opinion survey.

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

Council and staff discussion included payment to the Whitmore gazebo contractor, how the public opinion survey contract was paid, repairs to the Whitmore gazebo and the affect it has on the warranty , guardrail repairs and reimbursement, and virtual project manager software.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, 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 11: Removed for separate consideration by Councilmember Casey

Resolution No. 2025 -082, 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)

Councilmember Casey inquired about the budget amendment for this item.

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

Jeri Vargas asked why the dollar amounts are not included on the agenda.

Mayor Lopez closed public comment.

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

Council and staff discussion included project alternatives, enterprise funds, and enterprise fund balance.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 11. 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 12: Removed for separate consideration by Councilmember Casey

Resolution No. 2025 -083, 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)

Councilmember Casey inquired about the budget amendment for this item and whether it is coming out of the enterprise fund or general fund.

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

Council and staff discussion included vehicle and replacement fund, general funds, grant writer requirements, electric vehicle mandate, and who applied for the grant for the electric vehicle purchase.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 12. Motion failed 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 Vierra

Resolution No. 202 5-084, Approving the Recertification of the 2025 Updated Sewer System Management Plan. (Royal)

Councilmember Vierra asked about grants tied to the Sewer System Management Plan (SSMP).

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

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

Council and staff discussion included enterprise funds, updated contract, addressing the Spill Emergency Response Plan, compliance of the plan, required updates to elements within the SSMP, and upgrades to wastewater plant.

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 14: Removed for separate consideration by Councilmember Otero

Resolution No. 2025 -085, 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 Authorizing the City Manager to Execute the Agreement. (Royal)

Councilmember Otero asked about the option to relocate the fill station to a different location.

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

John Warren spoke regarding the hours of River Bluff Park and accessing the fill station after hours and how the water filling station will affect businesses that sell water.

Gene Yeakley spoke regarding filtering the water.

Galen Guzman spoke regarding the annual consumer confidence report on the City’s website and outdated information on the City’s website

Mayor Lopez closed public comment.

Council and staff discussion included how the location was selected, lower income neighborhoods, nitrate affected areas , who is responsible for the operations and maintenance of the fill station, and identifying additional locations for water fill stations.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 14. Motion carried 4/1/0/0 by the following roll call vote:

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

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

Item 16: Removed for separate consideration by Councilmember Casey

Resolution No. 202 5-087, 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)

Councilmember Casey inquired about the budget amendment for this item and if it is the same consultant we used in the past.

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

Council and staff discussion included the budgeted enterprise funds for this agreement.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving item 16. 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 17: Removed for separate consideration by Councilmember Vierra

Resolution No. 2025-088, 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)

Councilmember Vierra asked how this item is different than what was approved with the traffic synchronization project.

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

Dave Pratt spoke regarding the results of the previous speed survey and working on traffic lights.

John Warren spoke regarding lowering speed limits.

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

Mayor Lopez closed public comment.

Council and staff discussion included the purpose of a speed survey, how often one needs to be conducted, and outcome of speed surveys.

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 Vierra

Resolution No. 202 5-089, 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)

Councilmember Vierra inquired about administrative fees and if the grant is contingent on the approval of the grant writing contract with Capitol Advocacy Partners.

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

Council and staff discussion included monthly reporting, what has to be reported, what is included in managing the grant, who will select the trees to be planted, when the project must be completed by.

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 19: Removed for separate consideration by Councilmember Casey

Resolution No. 2025 -090, 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)

Councilmember Casey inquired about the budget amendment for this item.

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

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

Council and staff discussion included if the budget amendment is coming out of the general fund, why the expense was not budgeted, and grant management.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 19. Motion carried 4/0/1/0 by the following roll call vote:

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

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)

Police Chief, Trenton Johnson, introduced the item.

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

Mike Warda spoke regarding pull tabs and the effects they have on local bingo halls.

Mayor Lopez closed public comment.

Council and staff discussion included the options Council has with the ordinance, Penal Code 326.5, bring back the ordinance with clarifying language, pull tabs, hot ball, and case law.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Otero, approving to continue the public hearing to the August 11, 2025, Regular City Council meeting for introduction and Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

first reading of the ordinance and address pull tabs . 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

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)

Police Chief, Trenton Johnson, 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 the number of smoke shops in Ceres, where the collected money from fines is deposited , impact the ordinance will have regarding enforcement and obtaining grants, security requirements , limiting the number of smoke shops, proximity of the locations in relation to schools.

Action: Motion by Vice Mayor Martinez , seconded by Mayor Lopez , approving to continue the public hearing to the August 25, 2025, Regular City Council meeting for introduction and first reading of the ordinance and address security guard
requirements and limiting the number of smoke shops .

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

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)
*This item will be continued to a future City Council meeting.

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)

City Attorney, Nubia Goldstein, introduced the item.

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

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

Brandy Meyer inquired as to whether this item could have been handled privately.

John Warren stated this should have been done privately and an email sent to the City Attorney asking for permission to use the City logo.

Albert Avila spoke regarding the allowable use of the City logo, previous years ’ budget adoption and the general fund reserve.

Galen Guzman spoke regarding Councilmember Casey and Otero ’s attempt to increase civic engagement , council meeting attendance by the public, and outdated information of the City’s website.

Gene Yeakley spoke regarding how this should have been done in private , the flyers, and the start times of other city meetings.

Mayor Lopez closed public comment.

Council and staff discussion included the email sent to the attorney, proof of email sent to the printer asking to remove the City logo, community mailers, a statement prepared and read by Councilmember Otero, misunderstanding on the chain of events and what was agreed upon, inclusivity, transparency, accountability, and authorization of release of attorney-client privilege communications.

Action: Motion by Vice Mayor Martinez , seconded by Mayor Lopez , approving item 23. Motion failed 2/1/2/0 by the following roll call vote:

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

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)

Director of Engineering, Mike Beltran, introduced the item.

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

John Warren asked what the percentage increase equates to in dollar amount.

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

Mayor Lopez closed public comment.

Council and staff discussion included if the increases are not approved where the money would be drawn from, a solar project decreasing TID costs related to lighting at Costa Fields, and West Urban Consumer Price Index.

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 24. Motion failed 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

DISCUSSION ITEMS

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

City Manager, Doug Dunford, 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 a previous attempt at updating the Strategic Plan, understanding where the previous attempt left off , and utilizing that information for a new update.

Council provided consensus for staff to bring back an item related to the results of the previous strategic plan discussion. (5/0)

COUNCILMEMBER REFERRALS

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

Councilmember Otero introduced the item.

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

Council and staff discussion included a previous ordinance update and increasing enforcement.

Council provided consensus for staff to bring back an item to amend the Ceres Municipal Code related to fireworks. (5/0)
Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

REPORTS

• Mayor

Nothing to report

• City Council

Councilmember Otero spoke regarding concerns with the old Walmart location, unkept City right-of-ways, and congratulated Fabiolous Auto Body & Repair on their grand opening.

Councilmember Vierra spoke regarding Stanislaus Homeless Alliance meeting, alternative responses to mental health issues, Tuscany Village, senior food boxes, and supporting small businesses.

• City Manager

City Manager, Doug Dunford, stated the Community Facilities District agenda items from July 14, 2025, will be brought back before Council on August 11, 2025.

• City Attorney

Nothing to report

• Departments

Recreation Manager , Joey Chavez , spoke regarding Second Harvest senior food boxes.

Brandy Meyer provided an update on her bookstore and sandwich shop opening.

CLOSED SESSION

None

REPORT FROM CLOSED SESSION

None

ADJOURNMENT

The next scheduled City Council Meeting will be held on August 25, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

Item 3

DRAFT MINUTES
Regular City Council Meeting
July 28, 2025

There being no further business, Mayor Lopez adjourned the meeting at 9:22 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

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: August 11, 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 16, 2025, through July 24, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated July 16, 2025, through July 24, 2025, covering obligations to be paid by general warrants in the amount of $3,578,956.53.

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 16, 2025 through July 24, 2025.

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

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

II. REASONS FOR RECOMMENDATION:

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

III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2024- 25 ITEM 4
and FY 2025-26 budget. There is a $3,578,956.53 fiscal impact for the period of July 16, 2025 through July 24, 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 16, 2025, through July 24, 2025 ITEM 4

ATTACHMENT A
7/28/2025
1 Date Vendor Name PO # Invoice Description Amount

69.00 69.00
484.64
484.64
969.28
100.00
100.00
22300111 6,834.10
6,834.10

93.04 93.04

92.35 9.93
167.28

9.95 279.51
162.66
162.66
445.50
445.50Total:

Total:
07/16/25 AVENU MUNISERVICES JUN 25 PROCESSING BL ADMIN SVCS-27 LICENSES

FUSE TAP
Total:
07/16/25 AT&T 05/20-06/19/25 T-1 LINE FOR CONNECTION FROM CORP 07/16/25 AMAZON CAPITAL SERVICES, INC. 2 CYCLE ADDITIVE & AIR FRESHENER

DOUBLE-SIDED TAPE FOR MONITORING EQUIPMENT

FIRE EXTINGUISHER
07/16/25 AIRGAS USA, LLC OXYGEN CUTTING TORCH
Total:
07/16/25 ADVANCED MOBILITY GROUP TRAFFIC SVCS ALL-WAY STOP WARRANT ANALYSIS NO.#1 Total:
07/16/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC JULY 2025 SCADA SERVER MONTHLY MONITORING Total:
07/16/25 ACCORD SYSTEMS, LLC JUNE 25 ACA REPORTING FEE MAY 25 ACA REPORTING FEE
Total:
07/16/25 209 MULTIMEDIA CORPORATION LEGAL AD: BUDGET HEARING Total:

Voucher List
City of Ceres
ITEM 4

ATTACHMENT A
7/28/2025
2 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
254.72
254.72
581,468.25
581,468.25
2,438.00
2,438.00
8,245.95
8,245.95
157.14
157.14
453.26
453.26
475.00
539.00
1,014.00
8,424.81
8,424.81

25.00 25.00
360.00
360.00Total:

Total:
07/16/25 CHARTER COMMUNICATIONS 07/04 - 08/03/25 SCADA FIBER SVCS WASTEWATER Total:
07/16/25 CERES BODY SHOP, INC FLAT BED TOW
JUNE 25 CAR WASHES FOR POLICE DEPT
Total:
07/16/25 CARLSON SCALE, INC. CHEMICAL MONITORING FOR WELL #22 Total:
07/16/25 CAR WASH PARTNERS, INC. JUNE 25 CAR WASHES FOR PW DEPT Total:
07/16/25 AASIM PROPANE & GAS CORPORATION FUEL FOR FLEET DEPT.

Total:
07/16/25 CALIFORNIA LANDSCAPE SUPPLY, INC. CONCRETE SIDEWALK REPLACEMENT SERVICE LINE LEAK Total:
07/16/25 PARDY BOUNTHAVONG SCADA ROOM A/C
Total:
07/16/25 BRIAN ALBONETTI BACKGROUND INVESTIGATION Total:
07/16/25 BERTOLOTTI CERES DISPOSAL, INC JUNE 2025 GARB BILLING FRAN FEE LESS WRITE OFFS 07/16/25 BACKFLOW APPARATUS & VALVE CO INC BACKFLOW REPAIR KIT ITEM 4

ATTACHMENT A
7/28/2025
3 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
1,578.99
1,578.99
669,331.58
669,331.58

91.75 91.75
69,526.12
69,526.12
218.21
218.21
132.00
128.00
260.00
478.40
478.40
1,050.00
1,050.00
1,898.00
1,898.00
140.00
1,319.55
894.15

DRINKING WATER TCP- BACTI SAMPLES

DRINKING WATER BACTI SAMPLES
Total:
07/16/25 GEOANALYTICAL LABORATORIES, INC TURLOCK EXPORT SAMPLE ANALYSIS # 2 JUNE Total:
07/16/25 GARYS FENCING & WIRE SUPPLY, INC FENCE REPAIR Total:
07/16/25 DU-ALL SAFETY, LLC JUNE 25 SAFETY CONTRACT JUNE 25 LIVESCANS
Total:
07/16/25 DSA-786 DIVISION OF STATE ARCHITECT QE 6/30/2025 CASP FEES Total:
07/16/25 DEPT OF JUSTICE ACCOUNTING OFFICE CASHIERING JUNE 25 LIVESCAN Total:
07/16/25 CRESCENT SUPPLY NEW HIRE UNIFORM-SINGH-PANTS, SHIRT, TIE, NAME BAR Total:
07/16/25 CITY OF TURLOCK JUNE 25 TURLOCK SEWER USE CHARGES 6/1-6/30/25 Total:
07/16/25 CITY OF MODESTO 05/27-06/23/25 - WTR SVCS F/S #2 Total:
07/16/25 CITY OF MODESTO JUL 25 FIRE PROTECTION PREVENTION 07/16/25 CHARTER COMMUNICATIONS 7/1 TO 7/31/2025 INTERNET SVCS FIBER AND CABLE ITEM 4

ATTACHMENT A
7/28/2025
4 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
802.50
696.15
1,258.95

37.80 696.15

42.80 696.15

45.00 6,629.20
197.47
197.47

3.84 15.89
792.99
812.72
861.20
861.20
7,410.34
8,661.75
16,072.09

34.91 34.91
07/16/25 HUNT OIL OF CALIFORNIA PROPANE
Total:
07/16/25 HUNT & SONS LLC 6/15-30/25 FUEL FOR PD
6/15-30/25 FUEL FOR PW
Total:
07/16/25 HOWK SYSTEMS, INC. PRESSURE SURGE TANK AT BLAKER RES.

Total:

VAC TRAILER COUPLER/PLUG
VAC TRAILER 4" HOSE
Total:

Total:
07/16/25 GREEN RUBBER-KENNEDY AG TUBING
Total:
07/16/25 GODINES, ESPERANZA UB REFUND 0440
WELL 16 NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES
WELL 27 BACTI SAMPLES
WELL 16 NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES

DRINKING WATER QUALITY SAMPLES
ITEM 4

ATTACHMENT A
7/28/2025
5 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
590.91
525.57
1,116.48
6,241.90
475.00
6,716.90
182.00
104.00
286.00
22500126 17,000.00
17,000.00

10.00 10.00

94.12 36.40

28.70 28.48

70.40 70.40
348.50
127.21
127.21Total:

Total:
07/16/25 MODESTO WINDUSTRIAL CO BALL VALVE & BUCKET FOR IRRIGATION 7/7/25 UNIFORM SERVICE PARKS
7/7/25 UNIFORM SERVICE FLEET
7/7/25 UNIFORM SERVICE FACILITIES
6/30/25 UNIFORM SERVICE WATER
7/7/25 UNIFORM SERVICE WTR/WTR CONSERVATION
07/16/25 MISSION LINEN SUPPLY 7/7/25 MATS FOR PW ADMIN BUILDING 7/14/25 MATS FOR PW ADMIN BUILDING
7/7/25 UNIFORM SERVICE WASTEWATER
07/16/25 JOSE ALONZO MANRIQUEZ MURALS SMYRNA PRK SHADE STRUCTURE/CORP YARD AGRMNT Total:
07/16/25 JANA KIRCHERT 6/23-30/25 GET FIT/ZUMBA GOLD CLASSES 7/1-3/25 GET FIT/ZUMBA GOLD CLASSES
Total:
07/16/25 INFOSEND, INC. JUNE 2025 UB STMT POSTAGE, MAILING & SUPPLIES JUNE 2025 UB ONLINE MAINT & SUPPORT FEE
Total:
07/16/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES CUSTODIAL SUPPLIES FS 1
Total:

ITEM 4

ATTACHMENT A
7/28/2025
6 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
1,400.00
1,400.00
1,481.74
1,481.74

13.23 13.23

55.51 55.51
7,055.21
7,055.21
400.00
400.00

33.98 33.98
400.00
400.00
22500089 825.00
825.00
442.82
137.51
580.33

USA MARKING STICK
Total:

Total:
07/16/25 SAFE T LITE OF MODESTO INC PPE & USA MARKING PAINT Total:
07/16/25 RIVER CITY GEOPROFESSIONALS, INC. 5/19-6/15/25 SWR REHAB PROJ (LUCCESSI LN)AGRMNT #2 Total:
07/16/25 HARPREET SINGH SINGH P9409 5/31/25 RFND CC SML RM Total:
07/16/25 QUADIENT, INC. SEAL SOLUTION FOR PSTG MACHINE Total:
07/16/25 PEGI A BARKER-SWEET DESSERTS FOR FORMAL SWEARING-IN CEREMONY Total:
07/16/25 PACE SUPPLY CORP TOUCH COIL REGISTERS
Total:
07/16/25 ODP BUSINESS SOLUTIONS, LLC BINDER AND TABS FOR BUDGET DOC Total:
07/16/25 O'REILLY AUTO PARTS FUEL CAP UNIT 25-291-16 Total:
07/16/25 NORTHSTAR CHEMICAL CL2 WELL # 39 & 40
07/16/25 MOTOROLA SOLUTIONS, INC LPR BASIC SERVICE ITEM 4

ATTACHMENT A
7/28/2025
7 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
305.18
305.18

98.00 98.00
3,549.00
3,549.00
34,684.60
34,684.60
1,951.07
1,951.07
3,000.00
3,000.00
715.27
715.27
22400061 10,577.68
10,577.68
22500068 1,802.00
22500068 505.00
2,307.00
60,745.68
9,582.76
70,328.44
7/17/25-7/16/26 MUNIS DISASTER RECOVERY CONTRACT
Total:

GRAFFITI ABATEMENT - CODE AND PARKS
Total:
07/16/25 TYLER TECHNOLOGIES, INC. 8/3/25-8/2/26 FINANCIAL SOFTWARE SVCS SUPPORT Total:
07/16/25 TROY E. SLAYBAUGH GRAFFITI ABATEMENT - CODE AND PARKS Total:
07/16/25 TL ENGINEERING JUN 25 BIKE LANE CORRIDORS CLASS II CML-5241(074) Total:
07/16/25 TELEDYNE INSTRUMENTS, INC EFFLUENT SAMPLER REPAIR Total:
07/16/25 TEAMCALIFORNIA ECONOMIC DEVELOPMENT CORP ANNUAL SUBSCRIPTION/MEMBERSHIP - FY25/26 Total:
07/16/25 STILES TRUCK BODY & EQUIP, INC REPAIRS ON UNIT 30-281-23 Total:
07/16/25 STANISLAUS COUNTY AUDITOR-CONT FY25-26 LAFCO ANNUAL FEES Total:
07/16/25 STANISLAUS COUNCIL OF GOVERNMENTS FY 2025/26 STANCOG DUES Total:
07/16/25 SJVAPCD ATTN: FINANCE GENERATOR PERMIT FACILITY ID N8532 FY 25/26 07/16/25 SHANE PARSON 10 HI VIS SAFETY TRAFFIC VEST ITEM 4

ATTACHMENT A
7/28/2025
8 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
32,464.76
32,464.76
218.92
218.92
22500055 2,033.25
2,033.25

77.12 77.12

84.74 28.84

64.20 324.76
502.54
1,200.00
1,200.00
814.73
814.73

31.54 31.54
866.14
366.84
1,232.98
07/24/25 AT&T JUN 25 CALNET SVCS
05/20-06/19/25 PHONE SVCS MULTIPLE LINES
Total:
07/24/25 AT&T 07/07-08/06/25 FIRE ALARM SVCS - PHONE LINE Total:
07/24/25 AT & T 7/1-12/31/25 POLE LEASE FIBER OPTIC TRAFFIC SIGNAL Total:
07/24/25 APPLEGATE TEEPLES DRILLING CO. INC. SEWER LINE SERVICE Total:

AIR FILTERS FOR STIHL

SELF ADHESIVE PRESS-ON VINYL NUMBERS

NOCO BATTERY JUMP STARTER
Total:

Total:
07/24/25 AMAZON CAPITAL SERVICES, INC. SIGN & TRIMMER LINE Total:
07/16/25 WILLE ELECTRIC SUPPLY, INC. AERATOR 1-2 STRAIN RELIEF Total:
07/16/25 WEST COAST ARBORISTS, INC. PRUNE PROGRAM Total:
07/16/25 US ARMOR CORPORATION BALLISTIC VEST - MURILLO - ALTERATIONS 07/16/25 U.S. BANK VISA JUN 25 VISAS
ITEM 4

ATTACHMENT A
7/28/2025
9 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
21,932.68
21,932.68

99.74 99.74

99.74 99.74
866.44
866.44
268.21
268.21
22500047 2,712.00
22500145 804.50
22400075 1,175.00
22500145 299.50
4,991.00
459.70
2,285.19
258.11
3,003.00
200.49
200.49
400.98
07/24/25 CALIFORNIA LANDSCAPE SUPPLY, INC. 1YD OF CONCRETE FOR STREET LIGHT POLE-MORGAN RD. 1YD OF CONCRETE FOR STREET LIGHT POLE-MORGAN RD.

Total:

HVAC REPAIR FS 18

EXHAUST FAN SERVICE CONCESSION COSTA
Total:
2025 URBAN WATER MANAGEMENT PLAN UPDATE
Total:
07/24/25 PARDY BOUNTHAVONG ICE MACHINE SERVICE FS 2 07/24/25 BLACK WATER CONSULTING ENGINEERS, INC JUN 25 WATER MAIN AND SERVICE REPLACEMENT 2025 URBAN WATER MANAGEMENT PLAN UPDATE
JUN 25 SDMP CEQA INITIAL STUDY/MITIGATED NEGATIVE
07/24/25 BENZ AIR ENGINEERING CO., INC. NEDERMAN RAIL CORD AT FS 19 Total:
07/24/25 BAUER COMPRESSORS, INC SERVICE REPAIRS ON FILL STATION AT FIRE STATION 15 Total:
07/24/25 AVILA, ANDRES UB REFUND 0090
Total:
07/24/25 AVILA, ANDRES UB REFUND 0090
Total:
07/24/25 AVENU MUNISERVICES SUTA SERVICE TAX Q1 2025 Total:

ITEM 4

ATTACHMENT A
7/28/2025
10 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
22500030 5,740.00
5,740.00
455.00
245.00
336.00
300.00
378.00
395.00
2,109.00
241.16
241.16

11.43 11.43
1,578.99
1,578.99
1,578.99
1,578.99
276.95
276.95
326.08
326.08
07/24/25 CHOICE ELECTRIC, INC BALLAST LIGHT BULBS Total:
07/24/25 CHARTER COMMUNICATIONS 7/1- 7/31/25 SCADA INTERNET WATER Total:
07/24/25 CHARTER COMMUNICATIONS 6/1 TO 6/31/2025 INTERNET SVCS FIBER AND CABLE Total:
07/24/25 CHARTER COMMUNICATIONS 5/1 TO 5/31/2025 INTERNET SVCS FIBER AND CABLE Total:
07/24/25 CERES PIPE & METAL INC GALVIN PARTS
Total:
07/24/25 CARL'S JR #7342 UB REFUND 1350
Total:

MARCH 25 CAR WASHES FOR PW DEPT
MARCH 25 CAR WASHES FOR PD DEPT
APRIL 25 CAR WASHES FOR PW DEPT
Total:
07/24/25 CAR WASH PARTNERS, INC. APRIL 25 CAR WASHES FOR PD DEPT FEB 25 CAR WASHES FOR PW DEPT
FEB 25 CAR WASHES FOR PD DEPT
07/24/25 AMANDA FENTON JUN 25 FEDERAL ADVOCACY & GRANT SRVCS AGRMT Total:

ITEM 4

ATTACHMENT A
7/28/2025
11 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres

57.44 57.44
1,399,108.00
1,399,108.00
3,988.00
3,988.00
2,010.00
2,010.00
15,450.00
15,450.00
132.00
132.00
415.24
415.24
245,972.36
245,972.36

42.80 696.15

37.80 776.75Total:
07/24/25 GEOANALYTICAL LABORATORIES, INC DRINKING WATER NITRATE SAMPLES

DRINKING WATER BACTI SAMPLES
WELL 16 NITRATE SAMPLES
07/24/25 FIRE RISK MANAGEMENT SERVICES AUGUST 2025 MED/VISION PREMIUMS Total:
07/24/25 FERGUSON US HOLDINGS, INC PLUMBING FITTINGS Total:
07/24/25 DEPT OF JUSTICE ACCOUNTING OFFICE- CASHIERING JUNE 2025 LIVE SCANS Total:
07/24/25 DELTA REGIONAL MONITORING PROGRAM DELTA REGIONAL MONITORING PRGM 2025-26 PHAS II MS4 Total:
07/24/25 CORRPRO COMPANIES, INC. PRESSURE SURGE REPAIR AT BLAKER Total:
07/24/25 CIVICPLUS, LLC FY25/26 NEXTREQUEST
Total:
07/24/25 CITY OF TURLOCK EXPENDITURES FOR 2024/25 3RD QTR (JAN-MAR25) Total:
07/24/25 CITY OF MODESTO 5/27/-6/23/25 WATER SVCS ROW @ RICHLAND AVE Total:

ITEM 4

ATTACHMENT A
7/28/2025
12 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
190.57
146.50
145.41
137.33
619.81

25.00 25.00

44.28 44.28

16.21 16.21

40.63 40.63
1,665.06
1,665.06

57.92 57.92
101.37
101.37
871.99
871.99
07/24/25 STAN KANEKO MOTOR BOOTS - TRAFFIC OFFICER VANDAGRIFF Total:
07/24/25 HUSSEIN, TERRI L UB REFUND 0140
Total:
07/24/25 HUNT OIL OF CALIFORNIA PROPANE FOR FLEET DEPT.

Total:
07/24/25 HP FINANCIAL SERVICES CO. SCADA COMPUTER FOR BREAKROOM Total:
07/24/25 GUTIERREZ, GERARDO ANGUIANO UB REFUND 0131 Total:
07/24/25 GRAINGER CLS 2 TRANSFORM FS 18
Total:
07/24/25 GOMEZ GUTIERREZ, MIREYA UB REFUND 0280
Total:
07/24/25 GLISSON, MYKAYLA CHRISTINE UB REFUND 0290 Total:

1.48 TONS OF ASPHALT FOR CITY PATCHING

1.47 TONS OF ASPHALT FOR CITY PATCHING

1.45 TONS OF ASPHALT FOR CITY PATCHING
Total:
07/24/25 GEORGE REED, INC. 2.06 TONS OF ASPHALT FOR CITY PATCHING ITEM 4

ATTACHMENT A
7/28/2025
13 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
2,656.03
2,656.03
728.00
728.00
1,612.50
1,612.50

6.41 6.41

5.73 5.73

34.83 34.83
105.22
105.22
22500103 89,412.10
89,412.10
1,227.31
1,227.31
1,527.05
1,527.05
250.00
250.00
07/24/25 J. JONES J. JONES BOOT ALLOWANCE PER MOU 25/26 Total:
07/24/25 J. VERA VERA: LODGING/PER DIEM COM CRIMES INV 8/18-22/25 Total:
07/24/25 B. CHANDLER CHANDLER: LODGING/PER DIEM CNT CRSE 8/4-8/25 Total:
07/24/25 MID-CAL PIPELINE & UTILITIES JUN 25 MORGAN RD STORM DRAIN(PROJ #2408)RESO24-143 Total:
07/24/25 MATEL PROP MANAGEMENT UB REFUND 0160
Total:
07/24/25 MARTIN, LOUISE ANN UB REFUND 0220
Total:
07/24/25 LOREDO, MARCO IVAN UB REFUND 0400
Total:
07/24/25 LLC, D & R INVT UB REFUND 0370
Total:
07/24/25 LIEBERT CASSIDY WHITMORE JUNE 25 LEGAL FEES Total:
07/24/25 JANA KIRCHERT 7/7-17/25 GET FIT/ZUMBA GOLD/AQUAFIT CLASSES Total:
07/24/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES Total:

ITEM 4

ATTACHMENT A
7/28/2025
14 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
100.06
100.06
1,277.31
1,277.31

10.00 52.36

42.72 42.72

42.72 36.40

27.82 67.34
165.17
487.25
238.40
559.15
797.55
769.94
769.94
2,810.18
2,810.18Total:

Total:
07/24/25 PACIFIC GAS & ELECTRIC JUN 25 PG&E SVCS

MOTOR OIL
Total:
07/24/25 ODP BUSINESS SOLUTIONS, LLC PD SUPPLIES
7/21/25 UNIFORM SERVICE WATER
Total:
07/24/25 O'REILLY AUTO PARTS MOTOR OIL FOR STOCK
7/7/25 UNIFORM SERVICE STREETS
7/21/25 UNIFORM SERVICE STREETS
7/21/25 UNIFORM SERVICE PARKS
7/14/25 UNIFORM SERVICE FACILITIES
7/14/25 UNIFORM SERVICE WTR/WTR CONSERVATION
07/24/25 MISSION LINEN SUPPLY 7/21/25 MATS FOR PW ADMIN BUILDING 7/14/25 UNIFORM SERVICES WASTEWATER
7/14/25 UNIFORM SERVICE STREETS
07/24/25 M. FERREIRA FERREIRA:LODGING/PER DIEM/PARK/ CNT CRS 8/4-8/25 Total:
07/24/25 J. AZEVEDO REIMBURSEMENT/ CLASS B COMMERCERIAL DRIVERS PERMIT Total:

ITEM 4

ATTACHMENT A
7/28/2025
15 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
135.00
135.00

45.08 45.08
215.67
135.95
351.62
179.54
172.10
351.64
600.00
600.00

50.00 50.00
1,000.00
1,000.00
1,000.00
1,000.00
200.43
200.43

34.20 34.20Total:

Total:
07/24/25 SANCHEZ HERNANDEZ, JOSE LUIS UB REFUND 0060 Total:
07/24/25 SAFE T LITE OF MODESTO INC ALUMINUM FENCE SIGNS Total:
07/24/25 SOUTH MODESTO BUSINESS UNITED, INC. SOUTH MODESTO BUS. P9296 10/24/25 RFND CC LRG RM Total:
07/24/25 PARAMJEET KAUR KAUR P9271 6/7/25 RFND CC LRG RM Total:
07/24/25 LAURA CHAVEZ CHAVEZ C4535 7/21/25 SWIM RFND TOOLS FOR ONCALL TRUCK #239
Total:
07/24/25 AMBER MARTINEZ MARTINEZ P9231 6/22/25 RFND CALMB SENSOR FOR PD UNIT 10-279-16
Total:
07/24/25 RAYCO INDUSTRIAL SUPPLY INC TOOLS
Total:
07/24/25 PRICE FORD OF TURLOCK, INC. MOLDING & SCREWS PD 10-111-21 Total:
07/24/25 PERDUE, NORENE & DEVEATA UB REFUND 0100
07/24/25 PACIFIC STORAGE COMPANY PD SHREDDING
ITEM 4

ATTACHMENT A
7/28/2025
16 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
613.00
613.00
290.00
577.00
867.00
22500106 8,625.00
8,625.00
408.13
408.13
15,796.90
15,796.90
22400039 8,277.04
8,277.04
122,442.41
122,442.41
22500037 700.00
700.00
2,969.14
2,969.14
22500056 1,626.60
1,626.60Total:

Total:
07/24/25 WEST COAST ARBORISTS, INC. EMERGENCY TREE MAINTENANCE AND REMOVAL Total:
07/24/25 VERIZON WIRELESS JUN 5 - JUL 4 2025 VERIZON SVCS Total:
07/24/25 TYLER TECHNOLOGIES, INC. NEW PROJECT ACCOUNTING IMPLEMENTATION FY24/25 Total:
07/24/25 TURLOCK IRRIGATION DISTRICT JUN 07 - JUL 06 2025 TID ELECTRICITY SVCS Total:
07/24/25 TL ENGINEERING JUN 25 TRAFFIC SIGNAL IMPRVMNTS HSIPSL-524(077) Total:
07/24/25 THIRKETTLE CORPORATION SINGLE PORT REGISTERS FROM STUCK SENSORS Total:
07/24/25 STEPHEN TURNER BLAKER RESERVOIR SURGE TANK REPAIR WELL 39-40 GENERATOR PERMIT FAC ID N8824
Total:
07/24/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION Total:
07/24/25 SJVAPCD ATTN: FINANCE WELL #41 GENERATOR PERMIT FAC ID #N8878 07/24/25 SAVAGE TRAINING GROUP LLC CRISIS COMMUNICATION & SOCIAL MEDIA TRAINING ITEM 4

ATTACHMENT A
7/28/2025
17 Date Vendor Name PO # Invoice Description Amount
Voucher List
City of Ceres
9,322.50
9,322.50

89.89 89.89
3,578,956.53
Total:

Vouchers in this report Total vouchers:

Total:
07/24/25 YONAN, SANDRA UB REFUND 0290
07/24/25 WOOD RODGERS, INC. COPPER TRAILS MASTER PLAN - PROF. SVS. JUNE 2025 ITEM 4
Vendor: US BANK VISA
Check Date: 6/16/2025
Invoice No.: Jun-25
Invoice Descritpion: JUNE 25 VISAS

CARD HOLDER CHARGE DESCRIPTION TOTAL

MATTHEW WILLIAMS
WASTEWATER LEADERSHIP COURSES X3 NON-MEMBER, VIOP MONTHLY FOR SCADA TRAINING, CLASS B DRIVERS TRAINING, BUILDING & EQUIPMENT PAINT & PREP MATERIALS 3,441.33

HANK UNRUH
5/8 REBAR, SHOP VAC FILTERS, FOAM BUFFING PADS, PVC PROMER, GLUE, CAP, STIHL WEEDEATER LUBRICANT, KEYS, STAINLESS HOSE

CLAMPS, PAINT SUPPLIES/ ASPHALT TAMPER, LEAF RAKES, ASPHLT RELEASE, ASPHALT RELEASE, DEWALT CORDLESS TOOL BATTERIES, CORDLESS TOOL BATTREIES, SAFETY GLASSES, DEWALT & MILWAUKEE BATTREIES 3,600.16 MARK ANDERSON REPLACEMENT COLOR PRINTER, MONITOR CABLE, MONITOR CABLE, LAPTOP 1,970.23

JOHN THOMAS

BIT SET, PVC ADAPTERS, BUSHING, PUSH ADAPTORS, GARDEN VALVES, GROUND CLAMPS, YELLOW SAFETY PAINT, CAULK, BIRD SIKES , CABLE, CABLE TIES, PUSH ADAPTOR, PUSH COUPLING, CAPS GLV 375.39

DYLAN W PALECEK
6/1-30/25 GPS TRACKING FOR STREET SWEEPERS & WTR CONSERVATION VEHICLE, OFFICE WATER - WATER DEPT, OFFICE WATER - PW, OFFICE WATER - WATER DEPT, OFFICE WATER - PW 342.92
BRYAN N FERREIRA PVP MOTOR LAPEL MIC 863.40
AMERICO R CASTANEDA KEY RAFTER /CCC, FRIDG LOCK/CCC, PLUMBING / FACILITIES, KEY RAFTER/CCC, DRILL/ FACILITIES, PLIMBING/ FS 2, AC UNIT/ FS2 955.28 DIRK NIEUWENHUIS CLOUD STORAGE FOR PR/SOCIAL MEDIA TEAM 9.99 TONI CORDELL CERES COURIER SUBSCRIPTION, OFFICE SUPPLIES, OFFICE SUPPLIES, OFFICE SUPPLIES 100.21 JOSEPH CHAVEZ HOT AIR BALLOON SPONSOR DINNER, AQUATICS SUPPLIES, SENIOR JUNETEENTH EVENT SUPPLIES 611.32 AARON R OJEDA-MORENO JD MOWER DECK WHEEL REPLACEMENT, OPERATOR CERTIFICATE RENEWAL, OP CERT RENEWAL FEE, SIGNAL WIRE & DEGREASER FOR HW 458.04 CRISTINA AGUILAR 5/22-6/21/25 ZOOM MEMBERSHIP SUBSCRIPTION, INVOICE APPROVAL STAMP, 6/22-7/21/25 ZOOM MEMBERSHIP SUBSCRIPTION 130.29

FALLON MARTIN

DMARTINEZ - LOCC ANNUAL CONF REG, DDUNFORD - LOCC ANNUAL CONF REG, DMARTINEZ-AIRFARE FOR LOCC ANNUAL CONF, CM/CEO MONTHLY MEETING 1,532.92
MATTHEW SCOTT SCRAPER, ANNUAL SAFETY TOE BOOTS ADAM, MEMBERSHIP ORGANIZATIONS 338.97

ANGELICA HERNANDEZ
HOTEL FOR CALPELRA TRAINING A.HERNANDEZ AND D.VASQUEZ, TV WALL MOUNT, ORAL PANEL REFRESHMENTS, SUPPLIES FOR JOB FAIR, CALPELRA MEMBERSHIP FEES A.HERNANDEZ AND D.VASQUEZ 1,644.23

ABRAHAM OCHOA JR

FACILITIES TRADE SHOW, COSTA FIELDS/ SPIDER HEAD, COSTA FIELDS/ NYLON DRIAN PIPE KIT, COSTA FIELDS/ EVAP COOLER, WHITMORE PARK / ANT NAND ROACH KILLER, RIVERBLUFF / AA 36M PACK, FS# 19 / POLY ROPE 173.10 JOSHUA CASAS CCCPH TRAINING SAMPLLE PLAN REVIEW WEBINAR TRAINING, POWERED USD HUB FILE CABINET, MICROSOFT SURFACE DOCK 612.58

JESSICA PULLIAM

COOKING CLASS SUPPLIES, ENVIRONMENTAL RESOURCES HOT AIR BALLOON EVENT VENDOR PAYMENT, HOT AIR BALLOON ART WINNER PRIZES 793.15
MARCY PEDERSON OPEN SOURCE PLATFORM FOR INVESTIGATIONS 75.00

ELLEN EDMONDSON

CHAIN TO LOCK HYDRANT METERS, KNEE PADS, SHOVELS BUCKETS, SMALL BUCKET, MIGUEL JIMENEZ BOOTS, BUCKETS, HOSE SPRAY BOTTLES, BUG SPRAY 588.72
ITEM 4
KENNETH E VAUGHN CHLORINE FOR CLEANING AT OCHOA PARK, BRECKFAST FOR INTERVIEWS PM1 AND PARKS, LUNCH FOR INTERVIEWS PM 1 134.90 JOHNNY CARRILLO CASTERS-PD, KEYS- PD, ROD STRIKE- LEGION HALL, MOTION SENSOR-PD 135.71

SHAWN W HESS

SAMPLER STRAINER, TRUCK REPLACEMENT KEY & SOAP, IRRIGATION VALVE FITTINGS, CONVAULT FUEL LEVEL GAUGE, BATTERY FOR TRUCK KEY FOB, WIRE LABLES, PROMER & PAINT FOR EQUIPTMENT 1,001.00 CRYSTEL AGUILAR COUNTY SENIOR EVENT SUPPLIES 498.58

ROBERT HERRINGTON

SCADA WIRE FOR CITY HALL PANEL, TRAILER HITCH RECEIVERS AND EQUIPMENT GREASE, WELL MAINTENANCE BRASS FITTINGS /GRAY PAINT, RIVER BLUFF WELL REPAIR FABRIC WRENCHES, SMALL HAND TOOLS SCRAPERS & CULTIVATORS 731.51 RENEE HOWERTON HOUSEHOLD APPLIANCE STORES - SCALE FOR THE EVIDENCE ROOM 38.83 JEFFERY GODFREY GODFREY UNIFORM ALLOWANCE, GODFREY UNIFORM ALLOWANCE 284.79

SONIA LEDEZMA

CALCULATOR MACHINE PAPER ROLLS, BUDGET BINDERS & WALL CALENDAR, STAMP & WALL CALENDAR, PROFESSIONAL DEVELOPMENT S.LEDEZMA BOARD, PROFESSIONAL DEVELOPMENT S.LEDEZMA DESK CHAIR 669.42 TRENTON JOHNSON TRENTON JOHNSON PROFESSIONAL DEVELOPMENT - OFFICE CHAIR 371.06 ARMANDO HERNANDEZ MEASURING TAPE AND LUMBER FOR FORMS, SCREWS/ BUILDERS HARDWARE 57.26 JOSE BERBER USB Drives - Detectives, THUMB DRIVES - DETECTIVES 219.31 KHRISNA STITZELL HOT AIR BALLOON BANNERS, AQUATICS SUPPLIES, AQUATICS UNIFORMS, AQUATICS SUPPLY, OFFICE SUPPLIES 277.50 ROBIN R EVANS WIRE WHEEL, BOOTS 325.50

ELYSE DAVIS-CAPOEMAN

WATER CONSERVATION OUTREACH ITEMS- HOSE TIMERS, WATER CONSERVATION OUTREACH ITEMS- IRRIGATION CONTROLLERS, WATER CONSERVATION OUTREACH ITEMS- HOSE TIMERS, FLASH DRIVES 1,470.88 KEVIN HALEY LAB SCALE CALIBRATION 363.15
MICHAEL BELTRAN PROFESSIONAL DEVELOPMENT, PROFESSIONAL DEVELOPMENT 60.66 SCOTT KEYS PAYMENT SERVICES FEE, CLEAN TRUCK CHECK, BOOTS ALLOWANCE FOR 25 282.11 VERONICA GONZALEZ WEARING & SAFETY APPAREL (BOOT ALLOWANCE) - PAUL FLORES 265.50 JONATHAN FREDERICK BLUEBEAM COLLABORATION SOFTWARE FOR ENGINEERING, DOMAIN NAME RENEWALS CERES.CITY 785.16 KEITH GRIEBEL EDUCATIONAL MATERIAL FOR TOBACCO GRANT, WORK BOOTS, WORK CLOTHES-UNIFORM ALLOWANCE, WORK CLOTHING 1,665.42 TRAVIS HUDSON HUDSON - WORK SHOES, CLOTHES, PROTECTIVE EYEGEAR 1,148.77 ANDREA MAGDALENO COUNTERFEIT DETECTOR PENS, MONITOR MOUNT, UB DOOR HANGER PAPER STOCK 512.20 DELILAH VASQUEZ CALPELRA TRAINING CONFERENCE, CALPELRA TRAINING CONFERENCE 1,650.00 JULIO AMADOR STATEMENT CREDIT FOR MUZZLE FOR K9 ONYX, MUZZLE AND GROOMING WIPES FOR K9 ONYX (2.93) JONATHAN BLOUNT RETURN DRMO FIREARMS 800.84
RICHARD SUFFECOOL BRUSH, BUCKET, SOAP FOR WASHING SWEEPER 32.26 MICHAEL ESTACIO MAG FLOAT FOR FINISHING CONCRETE 37.01
BOBBY TITUS HOSE/ CLAMPS/ MENDOR HOSE/ WELL #41 31.13
Grand Total 32,464.76
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 11, 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: 2025 Public Health Goals
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BA CKGROUND:

The City of Ceres Water Division is required by the California Health and Safety Code Title 22 Section 116470 (b), to prepare a brief written report regarding detections of any constituents that exceed a Public Health Goal (PHG) every three (3) years. This report is intended to provide information to the public and decision makers in addition to the Annual Consumer Confidence Report (CCR). The 2025 PHG R eport documents information regarding drinking water safety and the cost of further reducing contaminant levels to bring them closer to the PHG or if no PHG, the Maximum Contaminant Level Goal (MCLG).

PHGs and MCLGs are non- enforceable goals set by the California Environmental Protection Agency (EPA) Office of Environmental Health Hazard Assessment (OEHHA) and the United States Environmental Protection Agency ( USEPA). PHGs are set based solely on public health risk considerations. PHGs are often not practically achievable from an economic and technological point of view. None of the practical risk -management factors that are considered by the USEPA or the California Division of Drinking Water (DDW) in setting drinking water standards for Maximum Contaminant Level’s (MCLs) are considered in setting the PHGs. These factors include analytical detection capability, treatment technology availability and costs. MCLGs are the federal equivalent to PHGs.

Given that PHGs are not enforceable, they are not required to be met by any public water system. However, both the PHGs and MCLGs are useful tools for regulators when determining enforceable standards such as Maximum Contaminant Levels (MCL), which water suppliers are required to meet.

ITEM 5a
All of the water quality data collected by the City between 2022 and 2024 for the purpose of determining compliance with drinking water standards was reviewed for the 2025 PHG Report. This data was summarized in the 2022, 2023, and 2024 Annual Consumer Confidence Reports which is accessible by visiting the City’s website at https://www.ceres.gov/169/City-of-Ceres-Water-System-Historical-In or by calling the
Public Works’ office at (209) 538-5732 and requesting a copy.

The report includes constituents that were detected in one or more of the calendar years f
rom the City’s drinking water source at levels above the PHG, or the MCLG. Many contaminants are considered to be carcinogenic and the USEPA’s policy is to set the applicable MCLGs at zero because they consider no amount of these contaminants to be without risk. It is understood by all that zero is an unattainable goal and cannot be measured by the practically available analytical methods. Note that by regulation, OEHHA cannot set a PHG at zero and must calculate a numerical level to address risk, even though it may be unattainable or impossible to measure.

The levels of constituents identified in this report are already significantly below the health based MCLs established to provide safe drinking water. Further reductions in these levels would require additional costly treatment processes. The ability of these processes to provide significant additional reductions in levels is uncertain. The health protection benefits of these possible reductions are not at all clear and may not be quantifiable.

Therefore, no action is proposed at this time.

The 2025 Public Health Goals R eport will be made available to the public on the City’s website as of the day following this City Council meeting.

II.

REASONS FOR RECOMMENDATION:

N/A
III. F ISCAL IMPACTS:

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

N/A
V. PO LICY ALTERNATIVES:

N/A
VI. I NTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBL IC PARTICIPATION:

N/A

ITEM 5a
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. ST EPS FOLLOWING APPROVAL :

N/A

Approved by: ____________________
Douglas D. Dunford
City Manager

Attachments:

1. Attachment A – 2025 Public Health Goals Report

ITEM 5a

ATTACHMENT A

City of Ceres
2025 Public Health Goals Report
Prepared by Water Quality Staff

ITEM 5a

ATTACHMENT A

1 Table of Contents
Background 2 What are Public Health Goals (PHGs)? 2 Water Quality Data Considered 2 Guidelines Followed 3 Best Available Treatment Technology and Cost Estimates 3 Constituents Detected that Exceed a PHG or a MCLG 3 Cost of Treatment 10
Recommendations for Further Action 11

ITEM 5a

ATTACHMENT A

2 Background
The California Health and Safety Code Title 22 Section 116470 (b) specifies that water utilities serving more than 10,000 connections prepare a brief written report every three years that documents detections of any constituents that exceed a Public Health Goal (PHG) in the preceding three years. This report documents the drinking water contaminants in our water supply found to be above a PHG, or if no PHG, above the Maximum Contaminant Level Goal (MCLG) during calendar years 2022 through 2024.

State law requires the following information to be disclosed in this report:
 Numerical public health risk
 Category or type of health risk
 Best Available Treatment (BAT) technology
 Estimated treatment costs

What are Publ ic Health Goals?
PHG’s and MCLG’s are non-enforceable goals set by the OEHHA and the USEPA. PHG’s are set based solely on public health risk considerations. PHG ’s are often not practically achievable from an economic and technological point of view. None of the practical risk - management factors that are considered by the USEPA or the California Division of Drinking Water (DDW) in setting drinking water standards for Maximum Contaminant Level’s (MCL’s) are considered in setting the PHG ’s. These factors include analytical detection capability, treatment technology availability and costs. However, both the PHG’s and MCLG’s are useful tools for regulators when determining enforceable standards such as MCL’s, which water suppliers are required to meet.

Water Quality Data Considered
All of the water quality data collected by the City between 2022 and 2024 for the purpose of determining compliance with drinking water standards was reviewed for the 2025 Public Health Goal s report. This data was summarized in the 2022, 2023, and 2024 Annual Consumer Confidence Reports which is accessible by visiting the City’s website at https://www.ceres.gov/169/City-of-Ceres-Water-System-Historical-In or by calling the Public Works Office at (209) 538-5732 and requesting a copy.

Guidelines Followed
ITEM 5a

ATTACHMENT A

3 The Association of California Water Agencies (ACWA) formed a workgroup which prepared guidelines for water utilities to use in preparing these reports set by the OEHHA.

The ACWA guidelines from 2022 were utilized in the preparation of this report.

Best Available Treatment Technology and Cost Estimates
Both the USEPA and DDW adopt what are known as Best Available Technologies (BAT’s), which are the best-known methods of reducing contaminant levels to the MCL.

Costs can be estimated for such technologies. However, since many PHG ’s and all MCLG’s are set much lower than the MCL, it is not always possible or feasible to determine what treatment is needed to further reduce a constituent downward to or near the PHG or MCLG, many of which are set at zero. Estimating the costs to reduce a constituent to zero is difficult, if not impossible because it is not pos sible to verify by analytical means that the level has been lowered to zero. In some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.

Constituents Detected that Exceed a PH
G or a MCLG
The following is a discussion of constituents that were detected in one or more of the calendar years from the City’s drinking water source at levels above the PHG, or the MCLG. Many contaminants are considered to be carcinogenic and the USEPA’s policy is to set the applicable MCLG ’s at zero because they consider no amount of these contaminants to be without risk. It is understood by all that zero is an unattainable goal and cannot be measured by the practically available analytical methods. Note that by regulation, OEHHA cannot set a PHG at zero and must calculate a numerical level to address risk, even though it may be unattainable or impossible to measure.

ITEM 5a

ATTACHMENT A

4 Chemical Units MCL PHG Result Sample
Date
Arsenic mg/L 0.01 0.000004 0.008 2024
Beryllium mg/L 0.004 0.001 0.0015 2023
Cadmium mg/L 0.005 0.00004 0.003 2023
Dibromoacetic Acid mg/L 0.06 0.00003 0.0012 2023
PFOA ng/L 4.0 0.007 4.2 2023
PFOS ng/L 4.0 1.0 18.0 2023
Radium 226 pCi/L 5.0 0.05 0.313 2022
Radium 228 pCi/L 5.0 0.019 0.277 2022
TCP ug/L 0.005 0.0000007 0.0052 2023
PCE ug/L 5.0 0.06 2.26 2023*
Bromodichloromethane mg/L 0.08 0.00006 .00577 2024
Bromoform mg/L 0.08 0.0005 .00578 2024
Chloroform mg/L 0.08 0.0004 .00986 2024
Dibromochloromethane mg/L 0.08 0.0001 .00364 2024
Uranium pCi/L 20.0 0.43 9.42 2022
1,2-Dichloroethane mg/L 0.005 0.0004 .00657 2023*
Milligrams per liter (mg/L).

Nanograms per liter (ng/L).

Picocuries per liter (pCi/L).

Micrograms per liter (ug/L).
*Source is now offline

Arsenic
Arsenic is a naturally occurring element in the earth’s crust and is very widely distributed in the environment. High levels of arsenic tend to be found more in groundwater sources than in surface water sources. The demand on groundwater from municipal systems and private drinking water wells may cause water levels to drop and release arsenic from rock formations. Other sources of contamination in drinking water include erosion of natural deposits, runoff from orchards, and runoff from glass and electronics production waste.

All humans are exposed to microgram quantities of arsenic (inorganic and organic) largely from food and to a lesser degree from drinking water and air.

The MCL for arsenic is 0.01 mg/L (milligrams per liter), with a PHG of 0.000004 mg/L.

The City has detected a rsenic in exceedance of the PHG at several wells. The OEHHA has determined that arsenic is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for a rsenic above the PHG is 1𝑥𝑥10−6 which means one excess cancer case per million people exposed.

ITEM 5a

ATTACHMENT A

5 Both the USEPA and the DDW list the BATs for removing arsenic to below the MCL as activated alumina, ion exchange, lime softening, coagulation/filtration, electrodialysis, oxidation/filtration and reverse osmosis (RO). The most effective method to consistently remove arsenic to below the MCL is to install RO. The City has treatment installed at one (1) well at the point of entry to the distribution system to reduce arsenic levels; however, this well is now inactive.

Beryllium
Beryllium is a chemical element and can naturally occur in water sources due to weathering of rocks and soil that contain beryllium minerals. Industrial activities such as mining, metal processing, and manufacturing can also release beryllium into water sources. Beryllium cannot break down easily in the environment and can persist in water and sediments for long periods.

The MCL for beryllium is 0.004 mg/L (milligrams per liter), with a PHG of 0.001 mg/L. The City has detected beryllium in exceedance of the PHG at one (1) well. The OEHHA has determined that beryllium is a health concern at certain levels of exposure and listed the health risk category as digestive system toxicity (harms the stomach or intestine).

Both the USEPA and the DDW list the BAT’s for removing beryllium below the MCL as activated alumina, coagulation/filtration, ion exchange, lime softening, and RO. Since the City is meeting the MCL requirements, it is not recommended to initiate treatment.

Cadmium
Cadmium is a heavy -metal trace element which is used in several industrial processes.

Environmental levels of cadmium have been increasing from smelting, cement production, and combustion of fossil fuels. Drinking water does not appear to be a significant source of cadmium exposure.

The MCL for cadmium is 0.005 mg/L (milligrams per liter), with a PHG of 0.00004 mg/L.

The City has detected cadmium in exceedance of the PHG at one (1) well. The OEHHA has determined that cadmium is a health concern at certain levels of exposure and listed the health risk category as nephrotoxicity (harms the kidney).

Both the USEPA and DDW list the BAT’s for removing cadmium below the MCL as ion exchange, lime softening, coagulation/filtration, and RO. Since the City is meeting the MCL requirements, it is not recommended to initiate treatment.

Dibromoacetic Acid
Dibromoacetic Acid is one (1) of the five (5) regulated Haloacetic Acids (HAA’s) found in drinking water as a result of disinfection methods. Disinfection in drinking water is a ITEM 5a

ATTACHMENT A

6 necessity to avoid infectious diseases in the general public from microbial contamination of drinking water supplies. Disinfection by chlorination results in the formation of toxic chemicals, known as disinfection byproducts (DBP’s), in drinking water. The HAA’s are one of the major categories of DBP’s formed in the chlorination disinfection process.

The MCL for dibromoacetic acid is 0.06 mg/L (milligrams per liter), with a PHG of 0.00003 mg/L. The City has detected dibromoacetic acid in exceedance of the PHG in the distribution system. The OEHHA has determined that dibromoacetic acid is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for dibromoacetic acid above the PHG is 1𝑥𝑥10
−6 which means one excess cancer case per million people exposed.

The USEPA lists the BAT’s for removing dibromoacetic acid as Granular Activated Carbon (GAC) which is a type of filtration, ion exchange, and high-pressure membranes.

HAA’s are currently monitored and reported to the SWRCB in the form of Locational Running Annual Averages (LRAA) and since the City is meeting MCL requirements it is not recommended at this time to initiate treatment.

PFOA and PFOS ( PFAS)
Per- and polyfluoroalkyl substances (PFAS) are a group of man- made chemicals that have been widely used in various industries and products since the 1940s. Two (2) of these chemicals are known as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). PFOA and PFOS were widely used in industrial applications and consumer products, notably PFOA in nonstick cookware, and PFOS in stain and water - repellant fabrics and fire-fighting foams. The manufacture of these products was phased out in the US following concerns of their extreme persistence in the environment and their detection in virtually all human blood serum samples. Due to their unique properties, like being water, grease, and heat-resistant, they are found in everyday items and are known for their persistence in the environment and their potential to accumulate in living organisms, earning them the name “forever chem icals.” Although levels in the environment have declined from their peak around the year 2000, PFOA and PFOS continue to be present in the environment and are found in California drinking water.

The MCL for PFOA is 4.0 ng/L (nanograms per liter), with a PHG of 0.007 ng/L. The MCL for PFOS is 4.0 ng/L, with a PHG of 1.0 ng/L. The City has detected PFOA and PFOS in exceedance of the MCL and PHG at one (1) well. The OEHHA has determined that PFOA and PFOS are health concerns at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for PFOA and PFOS above the PHG is 1𝑥𝑥10
−6 which means one excess cancer case per million people exposed.

ITEM 5a

ATTACHMENT A

7 Both the USEPA and the DDW list the BAT’s for removing PFAS below the MCL as GAC, anion exchange, RO, and nanofiltration. After exceeding the MCL at this well, the City began continuous monitoring for PFOA and PFOS, which is ongoing, real-time collection and analysis of data over an extended period, while working closely with the State Water Resources Control Board (SWRCB) to track various parameters, identify anomalies, and enable timely responses. While the well is now offline, t he City will continue working closely with the SWRCB on determining the most economical and technological treatment to pursue in the future.

Radium 226 and 228
Radium is a natural occurring radioactive element that is present in rocks and soil in the earth’s crust. Small amount s of radium can be found in the groundwater supply. When radium decays, they form isotopes. The most common isotopes found in the groundwater are radium 226 and r adium 228. Deep bedrock aquifers used for drinking water sometimes contain levels of radium.

The MCL for radium 226 is 5 pCi/L (picocuries per liter), with a PHG of 0.05 (pCi/L) and radium 228 is 5 pCi/L, with a PHG of 0.019 pCi/L. The City has detected both radium 226 and radium 228 in exceedance of the PHG at (1) one well. The OEHHA has determined that both are a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for radium above the PHG is 1x10
−6 which means one excess cancer case per million people.

Both the USEPA and the DDW list the BAT’s for removing radium below the MCL as ion exchange, lime softening, alum treatment, and RO. Since the City is meeting the MCL requirements, it is not recommended to initiate treatment. 1,2,3- T richloropropane (TCP)
1,2,3-Trichloropropane (TCP) is not found in nature, it is a man-made chemical that was an impurity in soil fumigants used to control nematodes and sold under the brand names D-D, Telone and Telone II. TCP is a chlorinated hydrocarbon with high chemical stability.

The MCL for TCP is 0.005 ug/L (micrograms per liter), with a PHG of 0.0000007 ug/L.

The City has detected TCP in exceedance of the MCL and PHG at multiple wells. The OEHHA has determined that TCP is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for TCP above the PHG is 1x10−6 which means one excess cancer case per million people.

The DDW lists GAC as the only BAT available for removing TCP contamination from groundwater, while the USEPA acknowledges other options, it still cites GAC as the recommended BAT as well. The City has installed GAC treatment to non- detectable ITEM 5a

ATTACHMENT A

8 levels at several wells and has started the process to install GAC treatment at two (2) more wells where TCP has been detected, with the goal of eliminating all TCP exposure in the City’s water system.

Tetrachloroethylene (PCE)
PCE is a perchlorinated two- carbon olefin. The primary uses of PCE are as a chemical intermediate for the production of chlorofluorocarbons and as a solvent used in cleaning operations (metal cleaning, vapor degreasing, and dry cleaning). In addition, many household products contain some level of PCE. Due to widespread use, PCE is a common environmental contaminant.

The MCL for PCE is 5.0 ug/L (micrograms per liter), with a PHG of 0.06 ug/L. The City has detected PCE in exceedance of the PHG at one (1) well. The OEHHA has determined that PCE is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical risk for PCE above the PHG is1𝑥𝑥10 −6 which
means one excess cancer case per million people exposed.

The USEPA lists the BAT’s for removing PCE below the MCL as GAC, RO, and ion exchange. The well where the exceedance was detected i s now inactivated with the SWRCB, therefore no treatment is necessary at this time.

Trihalomethanes
Trihalomethanes (THM’s) are a group of chemical compounds formed when chlorine, used to disinfect water, reacts with natural organic matter in water. Four (4) of these chemicals are b romoform, chloroform, bromodichloromethane, and dibromochloromethane. Disinfection in drinking water is a necessity to avoid infectious diseases in the general public from microbial contamination of drinking water supplies.

Disinfection by chlorination results in the formation of toxic chemicals, known disinfection byproducts (DBP’s), in drinking water. Just as with HAA’s, these DBP’s include THM’s.

The MCL for bromoform is 0.08 mg/L (milligrams per liter), with a PHG of 0.0005 mg/L.

The City has detected bromoform in exceedance of the PHG in the distribution. The OEHHA has determined that bromoform is a health concern at certain levels of exposure and listed the health risk as carcinogenicity. The numerical risk for bromoform above the PHG is 1𝑥𝑥10
−6 which means one excess cancer case per million people exposed.

The MCL for chloroform is 0.08 mg/L (milligrams per liter), with a PHG of 0.0004 mg/L.

The City has detected chloroform in exceedance of the PHG in the distribution. The OEHHA has determined that chloroform is a health concern at certain levels of exposure and listed the health risk as carcinogenicity. The numerical risk for chloroform above the PHG is 1𝑥𝑥10−6 which means one excess cancer case per million people exposed.

ITEM 5a

ATTACHMENT A

9 The MCL for bromodichloromethane is 0.08 mg/L (milligrams per liter), with a PHG of

0.00006 mg/L. The City has detected bromodichloromethane in exceedance of the PHG in the distribution. The OEHHA has determined that bromodichloromethane is a health concern at certain levels of exposure and listed the health risk as carcinogenicity. The numerical risk for bromodichloromethane above the PHG is 1𝑥𝑥10 −6 which means
one excess cancer case per million people exposed.

The MCL for dibromochloromethane is 0.08 mg/L (milligrams per liter), with a PHG of

0.0001 mg/L. The City has detected dibromochloromethane in exceedance of the PHG in the distribution. The OEHHA has determined that dibromochloromethane is a health concern at certain levels of exposure and listed the health risk as carcinogenicity. The numerical risk for dibromochloromethane above the PHG is 1𝑥𝑥10−6 which means one excess cancer case per million people exposed.

The USEPA lists the BAT’s for removing trihalomethanes below the MCL as enhanced coagulation or enhanced softening, followed by GAC or nanofiltration. THM’s are currently monitored and reported to the SWRCB in the form of Locational Running Annual Averages (LRAA) and since the City is meeting MCL requirements it is not recommended at this time to initiate treatment.

Uranium
Uranium is a naturally occurring radioactive element that is ubiquitous in the earth’s crust.

Uranium is found in ground and surface waters due to its natural occurrence in geological formations. Due to its abundance in geological formations , uranium varies from place to place and is a highly variable source of contamination in drinking water. Since u ranium occurs as a trace element it i s found in many types of rocks. Other sources of contamination in the drinking water include phosphate deposits and mine tailings, as well as from run-off of phosphate fertilizers from agricultural land.

The MCL for uranium is 20 pCi/L (picocuries per liter), with a PHG of 0.43 pCi/L. The City has detected u ranium in exceedance of the PHG at multiple wells . The OEHHA has determined that uranium is a health concern at certain levels of exposure and listed the health risk category as carcinogenicity. The numerical health risk for uranium above the PHG is 1x10−6 which means one excess cancer case per million people.

Both the USEPA and the DDW list the BATs for removing uranium as ion exchange, RO, lime softening, or coagulation/filtration. Treatment has been installed at one (1) well for past detection exceeding the MCL. Uranium is currently monitored and reported to the SWRCB in the form of Locational Running Annual Averages (LRAA) and since the City is meeting MCL requirements it is not recommended at this time to initiate additional treatment.

ITEM 5a

ATTACHMENT A

10 1,2-Dichloroethane
1,2-Dichloroethane (1,2- DCA) is a colorless, oily liquid with chloroform -like odor. It is primarily used in the production of vinyl chloride, a precursor to polyvinyl chloride (PVC) plastic. It is also used as a solvent in various industrial applications.

The MCL for 1,2-DCA is 0.005 mg/L (milligrams per liter), with a PHG of 0.00004 mg/L.

The City has detected 1,2- DCA in exceedance of the MCL at one (1) well and in exceedance of the PHG in the distribution. The OEHHA has determined that 1,2- DCA is a health concern at certain levels of exposure and listed the health risk as carcinogenicity.

The numerical risk for 1,2-DCA above the PHG is 1𝑥𝑥10−6 which means one excess cancer case per million people exposed.

Both the USEPA and the DDW list the BATs for removing 1,2-DCA as GAC in combination with Packed Tower Aeration (PTA). The well where a detection above the MCL was detected has been taken offline. Because all other sources meet the MCL requirement it is not recommended to initiate treatment at this time.

Cost of Treatment
The cost of treatment can depend upon a number of constraints and factors. They include the type of treatment, the number of separate treatment facilities required, if there are multiple contaminants, and whether they can all be removed with one treatment technology or require multiple technologies. In some circumstances and with some contaminants, the money that would be required for these additional treatment processes might provide greater benefits of public health protection if spent on other water system operations, surveillance, new well construction, and monitoring programs. With respect to TCP, which is the most significant water quality problem affecting the City’s groundwater supply, the City has installed or is in the process of installing GAC treatment to eliminate detectable concentrations of this contaminant from its system completely.

Recommendations for Further Action
The levels of constituents identified in this report are already significantly below the health based MCL’s established to provide safe drinking water. Further reductions in these levels would require additional costly treatment processes. The ability of these processes to provide significant additional reductions in levels is uncertain. The health protection benefits of these possible reductions are not at all clear and may not be quantifiable.

Therefore, no action is proposed at this time.

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: August 11, 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: PFAS Presence Exceedance Letter
RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BA CKGROUND:

The City of Ceres Water Division is required by the Health and Safety Code, Section 116378 to notify the governing body of the local agency when a contaminant in excess of a Notification Level (NL) is discovered in the drinking water source. N Ls are nonregulatory, health- based advisory levels for contaminants that are established as precautionary measures. The Division of Drinking Water for the State of California established the NL for four PFAS compounds, PFOA, PFOS, PFHxS, and PFBS.

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

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

Health and Safety Code section 116378 requires community systems, when ordered to monitor for any PFAS with a NL, to:

A. Report detected results in the water system’s annual consumer confidence report, B. Notify the water system’s governing body if a NL is exceeded, and ITEM 5b
C. Either remove a water source from use or provide public notification within 30 days if a response level is exceeded.

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

An information only report informing council members of the order and brief update was presented at the September 11, 2023, council meeting. Well 34 has since been taken offline.

In response to increasing statewide concern regarding the possible contamination of drinking water supplies by PFAS, the SWRCB initiated a comprehensive effort to investigate the nature and scope of the issue. As part of this effort, the SWRCB issued a second order, DW 2024-0002-DDW (2024 Order), to the City of Ceres on March 4, 2024, as 12 additional wells in our water system are required to be tested. The Budget Act of 2022 appropriated funds to test for PFAS in community public water systems serving disadvantaged communities and has offered initial monitoring under the 2024 Order at no cost to the City of Ceres. This information was presented to Council at the June 10, 2024, meeting in anticipation of the sampling commencing.

The sampling was completed, and results submitted to the City on July 12, 2025, indicate the presence of PFAS in one (1 ) City well that is currently in service without PFAS treatment. Only the NL has been exceeded specifically as set forth below:

Well 27 (CA5010028_027_027) exceeded the NL of 3 ng/L for PFHxS.

Since only the NL has been exceeded, no action other than this notification is required at this time.

The origin of the contaminant in our water supply is unknown but the water system is working with the SWRCB and other agencies to identify the circumstances of the contamination.

II.

REASONS FOR RECOMMENDATION:

N/A
III. F ISCAL IMPACTS:

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

N/A
V. PO LICY ALTERNATIVES:

N/A
VI. I NTERDEPARTMENTAL COORDINATION:

N/A
ITEM 5b
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVI RONMENTAL REVIEW:

N/A
IX. ST EPS FOLLOWING APPROVAL :

N/A

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Notification Letter

2. Attachment B – PFAS Fact Sheet

ITEM 5b
ITEM 5b

ATTACHMENT A

OFFICE OF THE PUBLIC

WORKS SUPERINTENDENT
2220 HACKETT ROAD
CERES, CA 95307-3600

MEMORANDUM

August 11, 2025

To: City Council

From: Joshua Casas, Superintendent of Public Works

Subject: Notification of PFHxS Notification Level Exceedance

The purpose of this letter, consistent with Health and Safety Code Sections 116378 and 116455, is to inform you of the presence of Per - and polyfluoroalkyl substances (PFAS) in Well 27 (CA5010028_27_27) that is currently in service without PFAS treatment.

Pursuant to Health and Safety Code Sections 116378 and 116455, the City of Ceres is required to inform its governing body and the governing body of any local agency whose jurisdiction includes the areas supplied with drinking water by the City of Ceres of concentrations exceeding the Notification Levels for PFAS. These Notification Levels are health-based advisory levels established by the State Water Resources Control Board (State Water Board), Division of Drinking Water (DDW) for chemicals in drinking water that lack maximum contaminant levels. When chemicals are found at concentrations greater than their Notification Levels, certain notification requirements and recommendations apply.

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 5b

ATTACHMENT A

The DDW determined that the Notification Level(s) have been exceeded specifically for PFAS as set forth in the following table:

PFAS Notification
Level
Response
Level Concentration Health Effects

PFHxS

3 ng/L

20 ng/L

4.7 ng/L
PFHxS has been shown to interfere
with thyroid hormones levels. Thyroid
hormones are needed for normal
prenatal growth and development of
the fetus, as well as for
normal growth and development in
the infant and child. In adults, thyroid
hormones

PFAS are manmade substances that have been synthesized for their water and liquid resistance properties. They have been used extensively in consumer products such as carpets, clothing, fabrics for furniture, paper packaging for food, and other materials (e.g., cookware) designed to be waterproof, stain-resistant or non-stick. In addition, they have been used in fire-retarding foam and various industrial processes. The origin of the contaminant in our water supply at this time is unknown but the water system is working with the State Water Board and other agencies to identify the circumstances of the contamination.

Pursuant to Health and Safety Code section 116378 and, if a chemical is present in drinking water that is provided to consumers at concentrations exceeding the Response Level, the drinking water system must either (1) take the source out of service immediately; (2) utilize treatment or blending; or (3) provide public notification of the Response Level exceedance.

Additional information will be provided to our customers in the City of Ceres Consumer Confidence Report that comes out next year.

Please refer to the following links for additional information about PFAS:

DDW PFAS Website:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/pfas.ht ml

DDW PFAS Factsheet:
https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/docs/2 024/pfas- fa ct -sheet-ddw-2024.pdf

If you have any questions regarding this matter, please contact Joshua Casas at (209) 538-5613 or at [email protected]

Sincerely,
ITEM 5b

ATTACHMENT A

Joshua Casas
ITEM 5b
ITEM 5b
Per- and Polyfluoroalkyl Substances (PFAS) Fact Sheet
State Water Resources Control Board
Division of Drinking Water
May 2024

ATTACHMENT B
ITEM 5b
Table of Contents
List of Acronyms & Abbreviations ...................................................................................................... 2 Overview ..................................................................................................................................................... 3 PFAS Background ................................................................................................................................... 4

1. PFAS definition .......................................................................................................................... 4

2. PFAS concerns ......................................................................................................................... 4

3. PFAS found in the environment .............................................................................................. 4

4. Sources of PFAS ...................................................................................................................... 5

5. Human exposure to PFAS ....................................................................................................... 5

6. PFAS in drinking water............................................................................................................. 6

7. PFAS production in the United States ................................................................................... 7

8. PFAS exposure reduction ........................................................................................................ 7 Efforts by the California State Water Resources Control Board (State Water Board) to Address PFAS ........................................................................................................................................... 8

9. Efforts to identify the sources of PFAS in California ............................................................ 8

10. State Water Board efforts to manage PFAS issues in drinking water .............................. 8

11. Notification level and Response level .................................................................................... 9

12. PFAS Notification level or Response level exceedance requirements ........................... 10

13. US EPA issuance of PFAS maximum contaminant levels (MCLs) for drinking water . 10

14. US EPA PFAS MCLs impact on California public water systems compliance .............. 11

ATTACHMENT B
ITEM 5b
List of Acronyms & Abbreviations
Acronyms/Abbreviations Definitions
DDW Division of Drinking Water
MCL Maximum Contaminants Level
NPDWR National Primary Drinking Water Regulation
OEHHA Office of Environmental Health Hazard Assessment
PFAS Per- and Polyfluoroalkyl Substances
PHG Public Health Goal
State Water Board State Water Resources Control Board
US EPA The U.S. Environmental Protection Agency

ATTACHMENT B
ITEM 5b
Overview
This fact sheet provides information about Per- and Polyfluoroalkyl Substances (PFAS) and State Water Resources Control Board (State Water Board), Division of Drinking Water actions to manage PFAS issues in drinking water in California.

ATTACHMENT B
ITEM 5b
PFAS Background

1. PFAS definition
PFAS, or Per- and Polyfluoroalkyl Substances, are a large group of man-made substances that do not occur naturally in the environment and are resistant to heat, water, oil, grease, and stains. Since the 1940s, PFAS have been used in industry and consumer products, such as non-stick cookware, waterproof clothing, stain-resistant fabrics and carpets, some firefighting foams, and products that resist grease, water, and oil. PFAS can be found in a variety of consumer products and in groundwater.

2. PFAS concerns
Long term exposure to PFAS is potentially harmful to health. A recent review from the U.S. Centers for Disease Control and Prevention (CDC) outlines that over a long time PFAS may:
- Decrease fertility and birth weight.
- Weaken a body’s ability to fight disease.
- Increase the risk for some cancers, asthma, thyroid disease, and liver damage.
- Increase cholesterol levels (which can increase the risk for heart attack or stroke).

Because of the potential health risks of PFAS, the State Water Board requires monitoring PFAS to protect drinking water quality. Monitoring PFAS in drinking water ensures that your water remains safe to drink and helps the State Water Board to protect public health.

3. PFAS found in the environment
PFAS can be found in air, water, and soil in and around manufacturing facilities.

Although these releases have been declining since companies began phasing out the production and use of several PFAS in the early 2000s, PFAS are very stable in the environment and are resistant to breaking down. They remain in the environment and the human body for long periods of time. Some PFAS are volatile and can be carried long distances through the air, which may lead to contamination of soil and groundwater far from the source of the PFAS emission.

ATTACHMENT B
ITEM 5b

4. Sources of PFAS
The primary sources of PFAS are: fire training/fire response sites, industrial sites landfills, and wastewater treatment plants/biosolids. The following picture shows examples of products containing PFAS.

5. Human exposure to PFAS
The main ways that PFAS get into people’s bodies are through:
- Drinking water: Contaminated drinking water has led to high levels of exposure to PFAS for some populations residing near manufacturing facilities that have used PFAS.
- Food: Food produced in water or soil contaminated with PFAS, such as vegetables fish, meat, and eggs may contain PFAS due to bioaccumulation and crop uptake. Also, food packaging made with PFAS can lead to PFAS transfer to food.
- Consumer Products: Hand-to-mouth contact with consumer products made with PFAS, such as carpets and textiles, or cosmetics and lotions. - Inhalation: Breathing in contaminated air or household dust can expose people to PFAS. Both outdoor and indoor air or dust may contain PFAS.

PFAS in outdoor air may be because of manufacturing releases. Clothing, textiles, and carpets treated with PFAS may result in higher concentrations of some PFAS in indoor air.

Figure 1. Examples of consumer products containing PFAS.

ATTACHMENT B
ITEM 5b
PFAS chemicals are not easily absorbed through the skin; therefore, dermal exposure is considered a less significant route of exposure for the general population.

6. PFAS in drinking water
PFAS can get into drinking water when products containing them are used or spilled onto the ground or into lakes and rivers. Once in groundwater, PFAS are easily transported large distances and can contaminate drinking wells. PFAS in the air can also end up in rivers and lakes used for drinking water. Additional information regarding PFAS fate and transport in the environment may be found on the Interstate Technology Regulatory Council (https://pfas-1.itrcweb.org/).

Figure 2. PFAS exposure pathways to the environment and human.

Image is adopted from https://extension.umaine.edu/livestock/dairy/pfas-and-dairy- animals/

ATTACHMENT B
ITEM 5b

7. PFAS production in the United States
The U.S. Environmental Protection Agency (US EPA) has announced that eight major PFAS producers have phased out PFAS from emissions and products.

However, manufacturers have developed replacement substances in the PFAS family. Additionally, there could be some imported goods containing these substances.

8. PFAS exposure reduction
Preventing exposure to PFAS is not practical due to the widespread historic and current use of PFAS, which are commonly used in consumer products throughout the world. Exposure can be reduced by avoiding or limiting exposure with some products, as follows:
- Use non-stick coated cookware according to manufacturer guidelines (not all non-stick coatings contain PFAS).
- Use stainless steel or cast-iron cookware in place of non-stick coated items. - Avoid oil and water-resistant food packaging.
- Avoid stain resistant coatings on carpet, furniture and clothing.

Figure 3. PFAS sources and pathways to drinking water. Image is adopted from https://health.hawaii.gov/heer/environmental-health/highlighted-projects/pfas/

ATTACHMENT B
ITEM 5b
- Avoid water repellants on clothing.
- Use personal care products without “PTFE” or “Fluoro” ingredients. - Wipe or clean household surfaces with a damp cloth regularly.

The Food and Drug Administration (FDA) recommends that people should eat different types of foods to maintain a healthy diet. They mentioned that the findings from the first tests conducted on various foods didn't show a need to avoid specific foods because of PFAS contamination. More information may be obtained from the Food and Drug Administration (https://www.fda.gov/food/process-contaminants- food/questions-and-answers-pfas-food).

Efforts by the California State Water Resources Control Board (State Water Board) to Address PFAS

9. Efforts to identify the sources of PFAS in California Since 2019, the State Water Board, Division of Drinking Water (DDW) has been strategically planning and issuing statewide investigative orders to identify the occurrence of PFAS in areas of the highest potential impact to the environment and drinking water. These areas include industrial use of PFAS in fire-fighting foams, at certain industrial applications, and at those industries impacted secondarily by PFAS.

Based on statewide sampling efforts, PFAS has been mostly identified in areas of industrial use of firefighting foams containing PFAS at airports, bulk fuel terminals, refineries, and when PFAS-containing mist suppressants have been used as part of plating processes. However, PFAS has also been identified in landfills and at wastewater treatment plants, because they are receiving PFAS secondarily in waste streams.

10.State Water Board efforts to manage PFAS issues in drinking water The DDW has issued several investigation orders
(https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/pfas_ddw_gen eral_order) to public water systems requiring testing for PFAS. Most recently, General Order DW 2024­0002­DDW (2024 Order) has been issued to public water systems for monitoring PFAS in community public water systems serving disadvantaged and severely disadvantaged communities. The purpose of this monitoring is to understand PFAS impacts on drinking water in these communities.

ATTACHMENT B
ITEM 5b
California State Assembly Bill 756 (codified as Health and Safety Code section 116378) authorizes the State Water Board to more broadly order public water systems to monitor for PFAS and report their detections. Additional and more assessment might be required in the coming years.

In combination with investigating industrial sources, public water systems have been sampling wells in the vicinity of these areas per State Water Board General Order DW 2022-0001-DDW
(https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/pfas_ddw_gen eral_order/).

Additionally, the DDW has issued notification levels and response levels for four common PFAS compounds listed in Table 1. Additional notification and response levels could be issued in the future based on occurrence and recommendations from Office of Environmental Health Hazard Assessment (OEHHA) on the potential risks to human health.

Table 1. Four PFAS constituents with Notification and Response levels in nanograms per liter or parts per trillion.

PFAS Constituent Notification Level
(ng/L or ppt)
Response Level
(ng/L or ppt)
Perfluorobutanesulfonic acid (PFBS) 500 5,000
Perfluorohexanesulfonic acid (PFHxS) 3 20
Perfluorooctanesulfonic acid (PFOS) 6.5 40
Perfluorooctanoic acid (PFOA) 5.1 10

11.Notification level and Response level
Notification levels are health­based advisory levels established by the DDW for chemicals in drinking water that lack maximum contaminant levels (MCLs). When chemicals are found at concentrations greater than their notification levels, certain requirements and recommendations apply. The law’s notification requirements apply to:
- Wholesale water systems, who must notify their governing bodies and the water systems that are directly supplied with that drinking water. - Retail water systems, who must notify their governing bodies and the governing bodies of any local agencies (i.e., city or county, or a city and county) whose jurisdictions include areas supplied with their drinking water.

ATTACHMENT B
ITEM 5b
- Wholesale and retail water systems regulated by the California Public Utilities Commission, who must also notify the commission.

Response level is the level at which DDW recommends removal of a drinking water source from service. When a confirmed detection exceeds the response level, a community water system or a nontransient noncommunity public water system is required to:
- Report that detection in the water system’s annual consumer confidence report.
- T
ake a water source where detected levels exceed the response level out of use or provide public notification (as specified in Health and Safety §116378) within 30 days of the confirmed detection.

12.PFAS Notification level or Response level exceedance requirements Currently, there are only four PFAS with notifications levels (refer to Table 1).

Additional notification levels could be established for other PFAS as more data and information become available.

If the water system voluntary samples the well and performs the analytical testing and the results of a PFAS detection are confirmed to exceed its respective notification level, the water system must report the detection within 30 days after the water system is first informed by the laboratory of a confirmed detection of the contaminant that exceeds the notification level.

For the 2024 Order, if the results of a PFAS detection are confirmed to exceed its respective notification level, the State Water Board will already have been notified of the results since the State Water Board’s contractor is performing the analytical testing. Therefore, the water system does not need to report the exceedance to the State Water Board.

If the results of a PFAS exceeds a response level, the water system must either (1) take the source out of service immediately; (2) utilize treatment or blending; or (3) provide public notification of the response level exceedance. Additionally, the exceedance of the response level must be reported in the annual consumer confidence report.

13.US EPA issuance of PFAS maximum contaminant levels (MCLs) for drinking water

ATTACHMENT B
ITEM 5b
US EPA published the final federal PFAS Rule establishing the Maximum Contaminants Levels (MCLs) as part of the National Primary Drinking Water Regulation (NPDWR) per Safe Drinking Water Act for regulating drinking water contaminants on April 26, 2024. These levels are set using health-protective standards for the specific PFAS in drinking water, feasibility of laboratory analysis and treatment, and an analysis of the costs and benefits. Water systems must comply with monitoring and related reporting and public notification requirements.

Water systems must also follow the MCLs and provide public notification to consumers if the MCLs are violated. Table 2 presents the MCLs. For more information, visit EPA’s website at https://www.epa.gov/sdwa/and-polyfluoroalkyl- substances-pfas.

Table 2. PFAS constituents with EPA MCLs in nanograms per liter or parts per trillion.

Compound EPA MCL
PFOA 4.0 ppt
PFOS 4.0 ppt
PFHxS 10 ppt
PFNA 10 ppt

HFPO-DA
(commonly known as GenX Chemicals) 10 ppt
Mixtures containing two or more of PFHxS, PFNA,
HFPO-DA, and PFBS 1 (unitless) Hazard Index*
*USEPA established MCLs for PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. For more details about Hazard Index refer to the EPA’s factsheet at:
https://www.epa.gov/system/files/documents/2024-04/pfas-npdwr_fact- sheet_hazard-index_4.8.24.pdf

14.US EPA PFAS MCLs impact on California public water systems compliance In the final federal PFAS rule establishing MCLs for PFOA, PFOS, PFNA, PFHxS, PFBS, and HFPO-DA (Table 2), the initial monitoring period was set to 3 years (2027) and the compliance period was set to 5 years (2029) after the final rule is promulgated (April 26, 2024).

The DDW must evaluate whether the US EPA MCLs are protective of public health based on the uses of drinking water in California. If DDW is to set their own MCLs they must be equal to or more restrictive than the MCLs set by US EPA. California Health & Safety Code §116365(a) requires a contaminant's MCL

ATTACHMENT B
ITEM 5b
to be established at a level as close to its Public Health Goal (PHG) as is technologically and economically feasible, placing primary emphasis on the protection of public health. PHGs are established by the Office of Environmental Health Hazard Assessment (OEHHA) and then adopted by the DDW.

ATTACHMENT B
ITEM 5b
ITEM 5b

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: August 11, 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 DSS Company (dba Knife River Construction) for the Hatch Road 18” Water Transmission Main Project ( Project No. 2525) in the Amount of $ 1,895,750.00, Approving a 10% Contingency, Approving a 10% Construction Support Budget, Resulting in a Total Construction Budget Authorization of $ 2,274,900.00, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council approve the construction contract for the Hatch Road 18” Water Transmission Main Project (Project No. 2525 ) to DSS Company (dba Knife River Construction), authoriz e a 10% contingency of $189,575.00, Approving a 10% Construction Support of $189,575.00, resulting in a total construction budget authorization of $2,274,900.00, and Authorizing the City Manager to Execute the Contract and authorize the City Manager to execute the contract.

I. BA
CKGROUND:

The work to be performed includes, but is not limited to, installation of an 18” water transmission main, valves, hydrants and bore under TID canal on Hatch Road starting west of Moffett Road to west of Central Avenue.

This is an extension of the Surface Waster Transmission Water Main that will allow the City more efficient use of surface water through the overall system. This will also aid in providing better water pressure to distribution lines in north Ceres.

II. REA
SONS FOR RECOMMENDATION:

The City received seven (7) bids on July 15, 2025. After staff reviewed the bids, DSS Company (dba Knife River Construction) was the lowest respons ive bidder at $1,895,750.00. A 10% contingency of $189,575.00 brings the total contract cost to ITEM 6
$2,085,325.00. The bid tabulation with the detailed comparison of the bid results is presented in Attachment D. In addition to the contingency, an additional 10% will be used for testing services , engineering administration, and inspections bringing the total construction authorization to $2,274,900.00.

III. F ISCAL IMPACTS:

This project is included in the City’s 5- Year Capital Improvement Program. Funding is available in the following project accounts:
• 52795.800500 (2525) - $2,534,123.36
• 54095.800500 (2525) - $1,759,096.43
To fully fund the construction contract, contingency, construction support, materials testing, and staff time, the following budget adjustments are recommended:
• Transfer funds from 52795.800500 (2409) - $107,457.00 The funds for this project are being transferred from the Hatch Road Water Transmission Main Phase 1 project. Consolidating funding in this manner allows the department to maintain all financial resources for the overall Hatch Road Transmission Main improvements under a unified program. A future staff report will be brought forward to establish a new project string for Phase 3, at which time any remaining funds from Phase 2 will be transferred accordingly.

This project does not utilize any General Fund resources.

IV. EXI
STING 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. PO LICY ALTERNATIVES:

The City Council may consider the following alternatives:

1. Reject all bids and direct staff to re-advertise the project. This option could result in higher project costs.

2. Reject all bids and direct staff to revise the project scope prior to re-bidding. This option could result in higher project costs depending on scope changes requested.

3. Reject all bids and direct staff to remove the project from the CIP. This option would result in higher costs when the project is added back into the CIP.

Additionally, this option would keep the status quo with regards to pressure in the water system especially north of Hatch Road were pressure is very low, and place additional strain on the groundwater basin due to the need for additional groundwater well use.

ITEM 6
VI. INTERDEPARTMENTAL COORDINATION:

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

Additional coordination will be needed with Emergency Services Personnel before the project begins
VII. PUBL
IC 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 area.

VIII. ENVI RONMENTAL 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. ST EPS FOLLOWING APPROVAL :

Upon Council approval, staff will:

1. Execute the construction contract with DSS Company (dba Knife River Construction)

2. Contract with an On-Call Testing and Inspection firm.

3. Conduct a pre-construction meeting.

4. Issue a Notice to Proceed to the contractor.

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Transfer

3. Attachment C – Construction Contract

4. Attachment D – Bid Results
ITEM 6
ITEM 6

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING A CONSTRUCTION CONTRACT WITH DSS COMPANY
(DBA KNIFE RIVER CONSTRUCTION) FOR THE HATCH ROAD 18”
WATER TRANSMISSION MAIN PROJECT (PROJECT NO. 2525) IN
THE AMOUNT OF $1,895,750.00, APPROVING A 10% CONTINGENCY, APPROVING A 10% CONSTRUCTION SUPPORT BUDGET,

RESULTING IN A TOTAL CONSTRUCTION BUDGET
AUTHORIZATION OF $2,274,900.00, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Engineering Services Department went for public bid; and

WHEREAS, the lowest responsive bid was received from DSS Company dba Knife River Construction, in the amount of $1,895,750.00; and

WHEREAS, a construction contingency in the amount of 10% or $ 189,575.00 is necessary and appropriate to accommodate any unforeseen costs, and a 10% for testing services and engineering administration and inspections bringing the total construction authorization to $2,274,900.00; and

WHEREAS, the Hatch Road 18” Water Transmission Main Project was included in the Capital Improvement Project List; and

WHEREAS, construction funds are allocated and available in account number 52795.800500 (2525) in the amount of $2,534,123.36; and

WHEREAS, construction funds are allocated and available in account number 54095.800500 (2525) in the amount of $1,759,096.43; and

WHEREAS, a budget transfer from 52795.800500 ( 2409) in the amount of $329,000.00 is necessary and appropriate to cover the construction agreement amount, contingency, geotechnical services, construction support, and unforeseen services needed to complete the project scope; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a construction contract with DSS Company (dba Knife River Construction) for the Hatch Road 18” Water Transmission Main Project (Project No. 2525) in the amount of $1,895,750.00, approving a 10% contingency, approving a 10% construction support budget, resulting in a total construction budget authorization of $2,274,900.00, 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 6

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11th day of August 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 6

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

ATTACHMENT B
ITEM 6

ATTACHMENT B
ITEM 6
1 CITY OF CERES

CONSTRUCTION CONTRACT

HATCH ROAD 18” WATER TRANSMISSION LINE PHASE 2
PROJECT NO. 2525

1 . P ARTIES AND DATE.

T
his Contract is made and entered into this 11th day of August, 2025 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and DSS Company dba Knife River Construction, a corporation with its principal place of business at 655 W. Clay Street, Stockton, California 95206 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. R ECITALS.
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 water transmission main and jack and bore related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: General Contractor license per IPBA standards for Class A

2.3 Project. City desires to engage Contractor to render such services for the Hatch Road 18” Water Transmission Line Phase 2 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. 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”)
• Federal Requirements (Exhibit “G”)
• Addenda

ATTACHMENT C
ITEM 6
2 • 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.

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

ATTACHMENT C
ITEM 6
3 include a signed affidavit from Contractor stating that, and describing how, the substituted “or e
qual” 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 working 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 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 three thousand 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 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

ATTACHMENT C
ITEM 6
4 respecting such additional personnel, including, but not limited to: social security taxes, income t
ax 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 eight hundred ninety five thousand seven hundred fifty Dollars ($1,895,750.00) (“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 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)

ATTACHMENT C
ITEM 6
5 erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums r
epresenting 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 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.

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6 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 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

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7 requirements under this Contract and applicable law. Any stop orders issued by the Department o
f 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, 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.

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8 3.8.1.5 Liability for Non-Compliance. Failure to comply with the P
ermit 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.

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

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9 Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law a
pplicable 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 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

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10 violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others f
or 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 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:

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11 (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 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

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12 the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be p
rocessed 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:

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.

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13 3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1 141.10) 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.

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.

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14 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 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

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15 containing appropriate no-fault insurance provisions or other endorsements in accordance with A
pplicable 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.

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.

ATTACHMENT C
ITEM 6
16 (c) Occupancy Owner may partially or fully occupy and/or use the Project before a
cceptance 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. (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

ATTACHMENT C
ITEM 6
17 commence work on any subcontract until it has provided evidence satisfactory to the City that the s
ubcontractor 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 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

ATTACHMENT C
ITEM 6
18 the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, h
ired 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.

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

ATTACHMENT C
ITEM 6
19 name the City, its officials, employees, agents and authorized volunteers as additional insureds u
sing 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.

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

ATTACHMENT C
ITEM 6
20 portions of the Work (or work of other contractors) damaged by its defective Work or which b
ecomes 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.

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

ATTACHMENT C
ITEM 6
21 be subject to the review and approval of the City (“′Contractor’s Representative”). Following a
pproval 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 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
SS COMPANY dba KNIFE RIVER CONSTRUCTION
655 W. CLAY STREET
STOCKTON, CALIFORNIA 95206
209-932-2100
Attn: ROD GETTY

ATTACHMENT C
ITEM 6
22 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 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 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

ATTACHMENT C
ITEM 6
23 of this warranty, City shall have the right to rescind this Agreement without liability. For the term o
f 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 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]

ATTACHMENT C
ITEM 6
24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
B

ETWEEN THE CITY OF CERES

AND DSS COMPANY DBA KNIFE RIVER CONSTRUCTION

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 11th day o
f August, 2025.

CITY OF CERES DSS COMPANY DBA KNIFE RIVER CONSTRUCTION

B
y: By:

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin, City Clerk

ATTACHMENT C
ITEM 6

25 EXHIBIT “A”

SERVICES / SCHEDULE

B

ID SCHEDULE
ITEM
N
O. ITEM

UNIT OF
M
EASURE

ESTIMATED

QUANTITY

UNIT PRICE
(IN FIGURES)

ITEM TOTAL
(IN FIGURES)
1 Shoring and Bracing Cost – The cost for
providing all shoring and bracing including
but not limited to that as required by
Sections 6700 to 6725 of the Labor Code.

LS 1 $50,000.00 $50,000.00
2 Traffic Control Cost – The cost for
providing all traffic control associated with
the work.

LS 1 $104,600.00 $104,600.00
3 Construction of all work associated with
the Hatch Road 18” Water Transmission
Line Project – Central Avenue
Road to Moffett Road, inclusive of jack
and bore construction, excluding work
listed in the other bid items
LS 1 $1,651,150.00 $1,651,150.00
4 Mobile Security Trailer (Allowance) EA 2 $45,000.00 $90,000.00 TOTAL BID $ 1,895,750.00

ATTACHMENT C
ITEM 6

26 EXHIBIT “B”

PLANS AND SPECIFICATIONS

ATTACHMENT C
ITEM 6

27 GENERAL

SCOPE OF WORK
The Work to be performed is included in Exhibit B – Plans and Specifications. Such other items or details, not mentioned above (Exhibit A), that are required by the drawings, and technical specifications, or the following special conditions (Exhibit C) shall be performed, placed, constructed or installed.

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

COORDINATION/COOPERATION
The Contractor shall notify the Engineer at (209) 538-5617 at least three (3) working days in advance of 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.

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 allowed therefor.

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.

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.

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 allowed therefor.

PERMITS, BONDS, LICENSES AND INSURANCE
The Contractor shall procure all permits, bonds, licenses and insurance, pay all charges and fees, and give all notices necessary and incidental to the prosecution of the work.

ATTACHMENT C
ITEM 6

28 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 allowed therefor.

PUBLIC CONVENIENCE AND SAFETY
The Contractor shall be responsible for all the provisions of this item, including issuance of all notices necessary for prosecution of the work.

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:

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, “Signs and Markers”, 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.

ATTACHMENT C
ITEM 6

29 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.”

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 12-3.02, “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.”

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

ATTACHMENT C
ITEM 6

30 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.”

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.

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.

ATTACHMENT C
ITEM 6

31 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.

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 allowed therefor.

WATER POLLUTION CONTROL
Summary
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 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.

ATTACHMENT C
ITEM 6

32 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.

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.

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.

ATTACHMENT C
ITEM 6

33 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.

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.

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:

ATTACHMENT C
ITEM 6

34 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. NAL Exceedance Reports

2. NEL Exceedance Reports

3. Visual Monitoring Reports

4. Inspection Reports

5. 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

Quality Control and Assurance Training
Provide storm water training for:

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

ATTACHMENT C
ITEM 6

35 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

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

ATTACHMENT C
ITEM 6

36 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

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" web site

2. Registration or certification described in the Permit

T
he 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" web site

2. Certification described in the Permit

A
t 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

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

W
PC 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. NAL exceedance reports

5.2. NEL exceedance reports

5.3. SWPPP annual certification

5.4. Annual reports

5.5. BMP status reports

S

TORM WATER POLLUTION PREVENTION PLAN (SWPPP)

General
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

ATTACHMENT C
ITEM 6

37 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

2. For risk level 2:

2.1. Schedule

2.2. CSMP

2.3. Adherence to Effluent Standards for NALs

2.4. REAP

3. For risk level 3:

3.1. Schedule

3.2. CSMP

3.3. Adherence to Effluent Standards for NALs and NELs

3.4. REAP

T
he SWPPP must include WPC practices for:

1. Storm water and non-stormwater from areas outside of the job site related to project w
ork 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

T
he 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

5. Objectives for reducing or eliminating pollutants in storm water discharges have not b
een achieved

6. There is a Permit violation

W
henever 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

ATTACHMENT C
ITEM 6

38 The SWPPP schedule must:

1. Describe when work activities will be performed that could cause the discharge of p
ollutants into storm water

2. Describe WPC practices associated with each construction phase

3. Identify soil stabilization and sediment control practices for disturbed soil areas

C
onstruction Site Monitoring Program (CSMP)
General
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

2. For risk level 2:

2.1. Visual Monitoring

2.2. SAP for Non-Visible Pollutants

2.3. SAP for sediment and turbidity

2.4. SAP for pH

3. For risk level 3:

3.1. Visual Monitoring

3.2. SAP for Non-Visible Pollutants

3.3. SAP for sediment and turbidity

3.4. SAP for pH

3.5. SAP for receiving waters

3.6. SAP for temporary active treatment systems

V
isual 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.

ATTACHMENT C
ITEM 6

39 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

1.4. October through December

2. Observe flowing and contained storm water for the presence of floating and suspended m
aterials, 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 d
ischarges 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 c
ompleted

2. Storm and weather conditions

3. Locations and observations

4. Corrective actions taken
M
aintain visual inspections reports at the job site as part of the SWPPP.

Sampling and Analysis Plan (SAP)
General
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

W
henever assigned field personnel take samples, comply with the equipment manufacturer's recommendation for collection, analysis methods, and equipment calibration.

ATTACHMENT C
ITEM 6

40 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.

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.

If the project is risk level 2 or risk level 3, include procedures for collecting and analyzing at least 3 samples for each day of each qualifying rain event. Describe the collection of effluent samples at all locations where the storm water is discharged off-site.

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

S
AP 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 t
o change pH or contribute toxic pollutants to storm water

ATTACHMENT C
ITEM 6

41 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 w
atertight conditions

2. Materials or waste containing potential non-visible pollutants that are stored under w
atertight 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 c
oncrete sealant, or non-pigmented curing compound used during precipitation or within 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 l
evels 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 d
ischarge 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.

SAP for Sediment and Turbidity
If the project is risk level 2 or risk level 3, sample and analyze for turbidity:

Parameter Test Method Detection Limit
(Min)
Unit
Turbidity Field test with calibrated
portable instrument
1 NTU
If the project is risk level 3 and the turbidity NEL has been exceeded, sample and analyze for SSC:

Parameter Test Method Detection Limit
(Min)
Unit

ATTACHMENT C
ITEM 6

42 SSC ASTM Method D3977-97 5 Mg/L

SAP for pH
If the project is risk level 2 or risk level 3, sample and analyze for pH:

Parameter Test Method Detection Limit
(Min)
Unit
pH Field test with calibrated
portable instrument

0.2 pH units

SAP for Receiving Waters
If the project is risk level 3, describe procedures for obtaining samples from representative and accessible locations:

1. Upstream of the discharge point

2. Downstream of the discharge point

Show receiving water sampling locations on SWPPP drawings.

If there are several discharge points, describe procedures for obtaining samples from a single upstream and a single downstream location.

Rain Event Action Plan (REAP)
REAP work includes preparing and submitting REAP forms and monitoring weather forecasts. The WPC Manager must submit a REAP to protect the job site at least 48 hours before a predicted rain event.

Prepare a REAP when the National Weather Service is predicting at least a 50 percent probability of precipitation within 72 hours.

For the REAP, use approved forms and include:

1. Site location

2. Risk level

3. Contact information including 24-hour emergency phone numbers for:

3.1. WPC Manager

3.2. Erosion and sediment control providers or subcontractors

3.3. Storm water sampling providers or subcontractors

4. Storm Information

5. Construction phase information for:

5.1. Highway Construction including active and inactive areas for work activities for b
uilding roads and structures

5.2. Plant Establishment including maintenance on vegetation installed for final s
tabilization where areas are inactive

5.3. Suspension where work activities are suspended and areas are inactive

6. Construction phase information including:

6.1. Construction activities

ATTACHMENT C
ITEM 6

43 6.2. Subcontractors and trades on the job site

6.3. Pre-storm activities including:

6.3.1. Responsibilities of the WPC Manager

6.3.2. Responsibilities of the crew and crew size

6.3.3. Stabilization for active and inactive disturbed soil areas

6.3.4. Stockpile management

6.3.5. Corrective actions taken for deficiencies identified during pre-storm visual i
nspection

6.4. Activities to be performed during storm events including:

6.4.1. Responsibilities of the WPC Manager

6.4.2. Responsibilities of the crew and crew size

6.4.3. BMP maintenance and repair

6.5. Description of flood contingency measures

Y
ou must have the REAP onsite at least 24 hours before a predicted rain event. A printed copy of each REAP must be at the job site as part of the SWPPP
Implement the REAP including mobilizing crews to complete activities no later than 24 hours before precipitation occurs.

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.

Numeric Action Levels (NALs)
If the project is risk level 2 or risk level 3, then it is subject to NALs:

Parameter Test Method Detection
Limit (Min)
Unit Numeric Action Limit

ATTACHMENT C
ITEM 6

44 pH Field test calibrated
with portable
instrument

0.2 pH units Lower NAL = 6.5 Upper
NAL = 8.5
Turbidity Field test calibrated
with portable
instrument
1 NTU 250 NTU

Numeric Effluent Limits (NELs)
If the project is risk level 3, then it is subject to NELs:

Parameter Test Method Detection
Limit (Min)
Unit Numeric Effluent Limit
pH Field test calibrated
with portable
instrument

0.2 pH units Lower NEL = 6.0 Upper
NEL = 9.0
Turbidity Field test calibrated
with portable
instrument
1 NTU 500 NTU

The storm event daily average for storms up to the 5-year, 24-hour storm, must not exceed the NEL for turbidity.

The daily average sampling results must not exceed the NEL for pH.

Storm Water Sampling and Analysis Day

Storm Water Sampling and Analysis Day work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents. If the project is risk level 2 or risk level 3, and there is a qualified rain event that produces runoff, comply with the project's SAP for preparation, collection, analysis, and reporting of storm water samples. Collect:

1. Samples for each non-visible pollutant source and a corresponding uncontaminated control sample

2. Samples for turbidity, pH, and other constituents as specified

3. At least 3 samples for each day of each qualifying rain event

4. Samples for all locations where the storm water is discharged off-site

Perform sample collection during:

1. First 2 hours of each qualified rain event that produces runoff

2. Normal working hours

If the project is risk level 3, obtain receiving water samples.

You are not required to physically collect samples during dangerous weather conditions such as flooding or electrical storms.

If downstream samples show increased levels, assess WPC practices, site conditions, and surrounding influences to determine the probable cause for the increase.

ATTACHMENT C
ITEM 6

45 Inspection
The WPC Manager must oversee inspections for WPC practices identified in the SWPPP:

1. Before a forecasted storm

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

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 r
eports

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 i
mplemented

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, a
nd precipitation

3.8. Visual observations and sample collection records

4. Include documentation on training for:

ATTACHMENT C
ITEM 6

46 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 N
AL Exceedance Report
If the project is risk level 2 or risk level 3 and an effluent sample exceeds a NAL, notify the Engineer and submit a NAL Exceedance Report no later than 48 hours after the conclusion of the storm event. The report must:

1. Include the following field sampling results and inspections:

1.1. Analytical methods, reporting units, and detection limits

1.2. Date, location, time of sampling, visual observation and measurements

1.3. Quantity of precipitation of the storm event

2. Description of BMPs and corrective actions taken to manage NAL exceedance

N
EL Violation Report
If the project is risk level 3 and an NEL is exceeded, notify the Engineer and submit a NEL Violation Report within 6 hours. The report must:

1. Include the following field sampling results and inspections:

1.1. Analytical methods, reporting units, and detection limits

1.2. Date, location, time of sampling, visual observations and measurements

1.3. Quantity of precipitation of the storm event

2. Description of BMPs and corrective actions taken to manage NEL exceedance

I
f the project is risk level 2 or risk level 3, submit all sampling results to the Engineer no later than 48 hours after the conclusion of a storm event.

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 allowed therefor.

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.

ATTACHMENT C
ITEM 6

47 WPC practices for which there are separate bid items of work are measured and paid for as those bid items of work.

STREET SWEEPING

This work includes street sweeping.

The SWPPP must describe and include the use of street sweeping as a water pollution control practice for sediment control and tracking control.

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

CONSTRUCTION

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

Operation

Street sweeping must be done at:

1. Paved roads at job site entrance and exit locations

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:

ATTACHMENT C
ITEM 6

48 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

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 allowed therefor.

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:

ATTACHMENT C
ITEM 6

49 • 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.

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.

REMOVE EXISTING SURVEY MONUMENT

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.

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.

RESET EXISTING MONUMENT FRAME AND COVER

This shall include the cost of removing, cleaning, and resetting existing frame and cover.

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.

Measurement and Payment

ATTACHMENT C
ITEM 6

50 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 allowed therefor.

AS-BUILT 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. • 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’).

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 allowed therefor.

ATTACHMENT C
ITEM 6

51 EXHIBIT “C”
S

PECIAL CONDITIONS
ARTICLE 1. BONDS
W
ithin 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 C
ITEM 6

52 EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

_______________________________
[INSERT CONTRACTOR NAME]

B
y: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

ATTACHMENT C
ITEM 6

53 EXHIBIT “E”
P

UBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish t
o 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
N
ame 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 e
xemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

ATTACHMENT C
ITEM 6

54 EXHIBIT “F”

P

AYMENT AND PERFORMANCE BONDS

ATTACHMENT C
ITEM 6

55 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to DSS Company dba Knife River Construction, (hereinafter referred to as the “Contractor”) an agreement for Hatch Road 18” Water Transmission Line Phase 2 (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 05/30/2025, (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, DSS Company dba Knife River Construction, 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 eight hundred ninety five thousand seven hundred fifty Dollars ($1,895,750.00), 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.

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:

ATTACHMENT C
ITEM 6

56 (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.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).

ATTACHMENT C
ITEM 6

57 (Corporate Seal)
Contractor/ Principal
By

Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-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 C
ITEM 6

58 Notary Acknowledgment
A notary public or other officer completing this certificate v
erifies 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 a
nd 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

ATTACHMENT C
ITEM 6

59 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That

WHEREAS, the City of Ceres (hereinafter designated as the “City”), by action taken or a resolution passed XXXX XX, XXXX_has awarded to DSS Company dba Knife River Construction hereinafter designated as the “Principal,” a contract for the work described as follows:

Hatch Road 18” Water Transmission Line Phase 2 (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 May 30, 2025 (“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 eight hundred ninety five thousand seven hundred fifty Dollars ($1,895,750.00) 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 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

ATTACHMENT C
ITEM 6

60 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

Title

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

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so 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 C
ITEM 6

61 Notary Acknowledgment
A notary public or other officer completing this certificate v
erifies 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 a
nd 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

ATTACHMENT C
ITEM 6

62 APPENDIX

ATTACHMENT C
ITEM 6

63 CITY OF CERES STANDARD DESIGNS

THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
R

EFER TO THE CITY OF CERES WEBSITE FOR THE COMPLETE LISTING OF STANDARD

DETAILS

https://www.ci.ceres.ca.us/DocumentCenter/View/2214/Approved-2018-Standard-Specifications- and-Design

ATTACHMENT C
ITEM 6

64 STATE GENERAL PREVAILING WAGE RATES

G
eneral 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 C
ITEM 6

65 REGULATION VIII – FUGITIVE PM10 PROHIBITIONS

ATTACHMENT C
ITEM 6

66 ATTACHMENT C
ITEM 6

67 ATTACHMENT C
ITEM 6

68 ATTACHMENT C
ITEM 6
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Shoring and Bracing Cost LS 1 $50,000.00 $50,000.00 $250,000.00 $250,000.00 $75,000.00 $75,000.00 2 Traffic Control LS 1 $104,600.00 $104,600.00 $200,000.00 $200,000.00 $150,000.00 $150,000.00 3 Construction of all work associated LS 1 $1,651,150.00 $1,651,150.00 $1,963,600.00 $1,963,600.00 $1,844,000.00 $1,844,000.00 4 Mobile Security Trailer (Allowance) EA 2 $45,000.00 $90,000.00 $45,000.00 $90,000.00 $45,000.00 $90,000.00 $1,895,750.00 $2,503,600.00 $2,159,000.00
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) (IN FIGURES) 1 Shoring and Bracing Cost LS 1 $105,400.00 $105,400.00 $50,000.00 $50,000.00 $228,020.00 $228,020.00 2 Traffic Control LS 1 $716,500.00 $716,500.00 $140,000.00 $140,000.00 $283,400.00 $283,400.00 3 Construction of all work associated LS 1 $1,925,000.00 $1,925,000.00 $1,920,870.00 $1,920,870.00 $1,601,282.00 $1,601,282.00 4 Mobile Security Trailer (Allowance) EA 2 $45,000.00 $90,000.00 $45,000.00 $90,000.00 $45,000.00 $90,000.00 $2,836,900.00 $2,200,870.00 $2,202,702.00
NO. ITEM UNIT OF ESTIMATED UNIT PRICE TOTAL

MEASURE QUANTITY (IN FIGURES) (IN FIGURES)
1 Shoring and Bracing Cost LS 1 $99,000.00 $99,000.00
2 Traffic Control LS 1 $165,000.00 $165,000.00
3 Construction of all work associated LS 1 $1,945,285.00 $1,945,285.00 4 Mobile Security Trailer (Allowance) EA 2 $45,000.00 $90,000.00 $2,299,285.00

MOZINGO CONSTRUCTION INC

OAKDALE, CA

DA WOOD CONSTRUCTION INC SORACCO INC ROLFE CONSTRUCTION, INC

OAKDALE, CA LODI, CA ATWATER, CA
TOTAL BID:

LOWEST RESPONSIVE BIDDER
HATCH ROAD 18" WATER TRANSMISSION LINE PHASE 2

BID TABULATION SHEET
BID DUE: JULY 15, 2025 at 2:00 PM

DSS COMPANY DBA KNIFE RIVER

CONSTRUCTION MID CAL PIPELINE & UTILITIES INC

STOCKTON, CA MERCED, CA
2525
ARB INC.

P

ITTSBURG, CA
TOTAL BID:

TOTAL BID:

ATTACHMENT D
ITEM 6
ITEM 6

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Cas ey, D ist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: August 11, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT:

Resolution No. 2025-XXX, Approving an Amendment to the Joint Powers Agreement o f the Central San Joaquin Valley Risk Management A uthority and Authorizing the City Manager to Execute the Amendment
RECOMMENDED COUNCIL ACTION:

Staf
f recommends the City Council adopt a resolution approving the amendment and restated Joint Powers Agreement (JPA) of the Central San Joaquin Valley Risk Management Authority (CSJVRMA) and authorize the City manager to execute the Agreement on behalf of the City.

I. BACKGROUND:

The Cen
tral San Joaquin Valley Risk Management Authority (CSJVRMA) was established on April 1, 1979, via a JPA. It currently includes 53 member agencies. The City of Ceres has been a member since 1984 . CSJVRMA is a member -driven JPA that provides the following services:
• Liab
ility claims services
• Workers’ compensation services
• Certificates of coverage and contract services
• Property and casualty services
• Training, cybersecurity, and safety/risk control services The las
t amendment to the JPA was approved by the City Council on September 16, 1994 (Resolution No. 94- 126). Since then, updates have become necessary to align with modern legal and operational requirements. On June 26, 2025, CSJVRMA’s Executive Committee approved a revised and restated JPA (Attachment B) , incorporating current practices and legal mandates.

The fol
lowing key updates have been made to the JPA:

ITEM 7
• A clearer definition of key terms.
• Expanded authority for CSJVRMA to create or participate in a captive agency. • An addition was made required by Government Code Section 6509, which was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA. Below is an excerpt from correspondence from CSJVRMA’s legal counsel, Mr. John Lavra:

“This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JPA. JPA’s are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restrictions on the power of the JPA, without that JPA having to comply with all restrictions that might be in place for all of the members of the JPA. It would be unworkable, for instance, if the JPA had to satisfy or verify any and all restrictions from the ordinance of all the members of the JPA when transacting the business of the JPA. In order to strike a balance, section 6509 permits JPA to agree to any restrictions in the exercise of powers based on the restrictions of one identified member city.”

The City of Ripon was added to the A greement as the designated city under Government Code 6509 with City of Madera listed as a secondary city in the event the City of Ripon were to terminate membership. These two cities have no restrictions in place that would conflict with the day-to-day operations of the JPA.

II.

REASONS FOR RECOMMENDATION:

Approval of the amendment is necessary to comply with current legal requirements, reflect current operational practices, and preserve CSJVRMA’s ability to form or participate in a captive entity.

Amendments to the JPA require a written resolution approved and signed by two- thirds of the respective council. It is important to note that any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement upon signature by two-thirds of the member cities.

III.

FISCAL IMPACTS:

There is no fiscal impact associated with approving this amendment.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This action aligns with the City’s strategic goal of providing efficient, high-quality services to meet community needs, assuring that the City is helpful, well trained, properly equipped, and sufficient staff who partner with other public agencies to provide cost - effective risk management services.

V.

POLICY ALTERNATIVES:

Council may choose not to approve the amendment. However, doing so may result in the City’s removal from CSJVRMA, thereby forfeiting access to affordable worker’s ITEM 7
compensation, cyber security, liability, claims services, health, and various other coverage offered at a reduced cost through the CSJVRMA.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Authorize the City Manager to execute the amendment.

Approved by: ______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Amended CSJVRMA Joint Powers Agreement ITEM 7
ITEM 7

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AMENDMENT TO THE JOINT POWERS AGREEMENT OF

THE CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the CENTRAL SAN JOAQUIN VALLEY RISK MANAGEMENT AUTHORITY (CSJVRMA) is a California Joint Powers Authority created and operated pursuant to California Government Code 6500 et. seq. for the purpose of pooling funds to provide coverage for indemnification and defense and to purchase excess insurance for certain civil claims involving general liability, workers’ compensation, and property damage; and

WHEREAS, the City of Ceres is authorized pursuant to California Government Code 990.8 to enter into a Joint Powers Agreement for the purposes described above; and
WHEREAS, the City of Ceres is a member of the CSJVRMA; and

WHEREAS, the Joint Powers Agreement which was created establishing the CSJVRMA allows for amendment of the agreement upon approval by the City Council of two thirds of the members of the CSJVRMA; and

WHEREAS, the CSJVRMA desires to amend the Joint Powers Agreement as set forth in the Agreement dated July 1, 1994, and as amended July 1, 2025, a copy of which is attached hereto and incorporated herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an amendment to the Joint Powers Agreement of the Central San Joaquin Valley Risk Management Authority and authorizes the City Manager to execute the amendment.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 11
th day of August 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

CENTRAL SAN JOAQUIN VALLEY

RISK MANAGEMENT AUTHORITY
1750 Creekside Oaks Drive, Suite 200  Sacramento, CA 95833 (916) 244-1100  (800) 541-4591
Fax (916) 244-1199  E-Mail [email protected]

Northern Region

Angels Camp
Atwater
Ceres
Escalon
Gustine
Hughson
Lathrop
Livingston
Newman
Oakdale
Patterson
Ripon
Riverbank
Sonora
Sutter Creek
Tracy
Turlock
Waterford

Central Region

Chowchilla
Clovis
Dinuba
Dos Palos
Firebaugh
Fowler
Huron
Kerman
Kingsburg
Los Banos
Madera
Mendota
Merced
Orange Cove
Parlier
Reedley
San Joaquin
Sanger
Selma

Southern Region

Arvin
Avenal
Corcoran
Delano
Exeter
Farmersville
Lemoore
Maricopa
McFarland
Porterville
Shafter
Taft
Tehachapi
Tulare
Wasco
Woodlake

DATE: July 14, 2025

TO: CSJVRMA Member City Councils

FROM: Jeanette Workman, Administrator

SUBJECT: AMENDED AND RESTATED CSJVRMA JOINT POWERS AGREEMENT –

ACTION REQUIRED

The Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) staff and CSJVRMA Legal Counsel, Mr. John Lavra, in conjunction with the CSJVRMA Administration and Financial Services Subcommittee, who will make recommendations to the Executive Committee, are conducting a full review of the CSJVRMA governing documents to ensure they continue to reflect the CSJVRMA’s current practices, legal requirements, and operational needs.

Pursuant to action by the Central San Joaquin Valley Risk Management Authority’s (CSJVRMA) Executive Committee on June 26, 2025, we are forwarding to you an Amended and Restated Joint Powers Agreement for presentation and approval by your city’s city council at their earliest opportunity.

Amendments to the Joint Powers Agreement require a written resolution approved and signed by two-thirds (2/3rds) of the respective city councils of the member cities. Upon signature by two- thirds (2/3rds) of the member cities, any member city failing or refusing to abide by such amendments may be involuntarily terminated as a party to the Agreement.

Mr. Lavra advised the Executive Committee that although the Joint Powers Agreement, even as last amended in 1994, meets the legal requirements as set forth in the government code for Joint Powers Authorities, the document has been updated as follows:

 Definitional terms have been defined more clearly.
 Language has been broadened to give leeway in the event the CSJVRMA wants to consider creating or participating in a captive agency.  An addition was made pursuant to Government Code Section 6509 that was not part of the law in 1994 when CSJVRMA last amended the Agreement. The change requires JPAs to designate a member whose restrictions would apply to the operations of the JPA. Below is an excerpt from correspondence from Mr. Lavra:

“This code section was enacted to prevent a local public entity from exercising powers inconsistent with its own charter, ordinance or resolution simply by becoming a member of a JPA. JPA's are formed to permit public entities to exercise powers on a collective basis, which they could, absent the JPA, exercise individually. However, the legislature wanted to place some restriction on the power of the JPA, without that JPA having to comply with all restrictions that might be in place for all of the members of the JPA. It would be unworkable, for instance, if the JPA had to satisfy or verify any and all

ATTACHMENT B
ITEM 7
CSJVRMA Member City Councils
July 14, 2025