AGENDA
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
City Council Chambers, 2701 Fourth Street
Monday, October 27, 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 Jim Stochl, Harvest Presbyterian Church.
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AGENDA
Regular City Council Meeting
October 27, 2025
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Gabriela Hernandez, Cesar Chavez Junior High School.
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. Planning Commission Appointment Interview Process
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 October 27, 2025, City Coun cil Meeting was Posted on Wednesday, October 22, 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 October 13, 2025, Regular City Council Meeting. (City Clerk)
4. Register of Audited Demand (s) Dated October 1, 2025, through October 8, 2025. (Esenwein)
5. Resolution No. 2025 -XXX, Appropriating Additional Funding for HSIPSL - 5241(076) Median Installation at Mitchell Road and Authorizing a Budget Amendment. (Beltran)
AGENDA
Regular City Council Meeting
October 27, 2025
6. Resolution No. 2025 -XXX, Approving the Project Agreement to the Master Agreement for Professional Consultant Services with BSK Associates for Construction Observation and Materials Testing Services for Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement (2524) Project in the Amount of $36,777.00, Approving a $10,000 Contingency, and Authorizing the City Manager to Execute the Agreement. (Beltran)
7. Resolution No. 2025-XXX, Approving a Memorandum of Understanding Between the County of Stanislaus and the City of Ceres Regarding the Stanislaus County Replacement Benefits Plan, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Memorandum of Understanding. (Vasquez)
8. General Correspondence – Information Only
a. Redevelopment & Economic Development Quarterly Report – July, August and September 2025 (Aguirre)
9. Resolution No. 2025 -XXX, Approving the Construction Contract for the Hatch Road 18” Water Transmission Main Phase 3 Project (New Project String) to Rolfe Construction, Inc. in the Amount of $1,449,612.00, Approving a 10% Contingency in the Amount of $144,961.00, Approving 10% Construction Support Funds in the Amount of $144,961.00, Totaling $1,739,534.00, Authorizing a New Project String, Authorizing a Budget Transfer, and Authorizing the City Manager to Execute the Contract. (Beltran)
10. Resolution No. 2025 -XXX, Approving a Retroactive Agreement with the Lew Edwards Group to Provide Planning, Communication and Engagement Services for Quality-of-Life Vision, Approving a Budget Amendment in the Amount of $115,500, and Authorizing the City Manager to Execute the Agreement. (City Manager)
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
UNFINISHED BUSINESS
None
PUBLIC HEARING
11. Resolution No. 2025 -XXX, Denying the Appeal of Planning Commission’s Approval of Site Plan Approval Application 25 -13 SP and Tentative Parcel Map Application 25-14 TPM and Finding the Project Consistent with the West Landing Specific Plan Environmental Impact Report SCH #2008122087 for the Warehouse 18 and 19 Project Located at 3807 Crows Landing Road in Ceres, CA (APN: 086 - 034-004). (City Manager)
AGENDA
Regular City Council Meeting
October 27, 2025
12. Resolution No. 2025-XXX, Accepting the Annual Report on Development Impact Fees for Fiscal Year 2024/2025 as Required by Government Code Section 66006(b). (Beltran)
This public hearing is being continued to the November 10, 2025, Regular City Council Meeting.
NEW BUSINESS
13. Resolution No. 2025 -XXX, Accepting the 2022 -2023 City of Ceres Audited Financial Statements and Audit Reports for the Period Ended June 30, 2023. (Esenwein)
14. Resolution No. 2025-XXX, Adopting the Council Donation Policy. (City Manager)
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).
15. Staffing Levels & Recruitment Presentation
(Requested by Vice Mayor Martinez at the September 22, 2025, Regular City Council Meeting)
16. Request to Cancel the November 24, 2025, Regular City Council Meeting. (Requested by Mayor Lopez on October 14, 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
17. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager
AGENDA
Regular City Council Meeting
October 27, 2025
18. Conference with Legal Counsel – Existing Litigation , Cal Gov’t Code §54956.9 “For purposes of this section, litigation shall be considered pending when any of the following circumstances exist… Litigation, to which the local agency is a party, has been initiated formally.” Name of Case: Ashley Ranuio, Vito Ranuio, Individually and dba The Truck Stop Food Park vs. City of Ceres, Mayor and City Council , Stanislaus County Superior Court Case Number: CV-25-009856
REPORT FROM CLOSED SESSION
ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on November 10, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
Council Agenda:
The City Council agenda is available for public review on the City’s website at www.ci.ceres.ca.us and posted at the time and places noted above.
Related Materials:
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office at City Hall located at 2220 Magnolia Street, Ceres, CA during normal business hours. Persons with questions concerning any agenda item may call the City Clerk’s Office at (209) 538 - 5731.
Notice regarding Americans with Disabilities Act:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting or if you need the agenda and/or the documents in the agenda packet provided in an alternative format, please contact the city clerk’s off ice at (209) 538- 5731 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA TITLE II).
AFFIDAVIT OF POSTING
I, Fallon Martin, City Clerk, for the City of Ceres, declare under penalty of perjury that the foregoing agenda for th e Regular City Council Meeting was posted on Wednesday, October 22, 2025, at the following locations in Ceres:
• Community Center Display Case – 2701 Fourth Street
__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk
DRAFT MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)
City Council Chambers, 2701 Fourth Street
Monday, October 13, 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 October 13, 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 Absent Present
INVOCATION
Invocation by Patrick Davis, Ceres Christian Church.
PLEDGE OF ALLEGIANCE
Pledge of Allegiance led by Santiago Alejandro Macias Valadez, Caswell Elementary School.
PRESENTATIONS
A. National Respiratory Care Week Proclamation
B. National 4-H Week Proclamation
Stanislaus County 4-H Ag Ambassadors accepted the proclamation.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
C. Pacific Gas & Electric Presentation
Senior Government Relations Representative, Nathan Alonzo, gave the presentation.
D. Modesto Fire Department Presentation
Assistant Fire Chief, Andrew Hunter, gave the presentation.
CITIZEN COMMUNICATIONS to the Council on matters not included on the agenda (five minutes)
Brandy Meyer spoke regarding workforce development, working with small and underserved businesses, multi-chamber mixers, and Coffee and Conversations.
Milt Trieweiler spoke regarding conserving water resources, farmland, and building up – not out.
Dave Pratt spoke regarding the suicide prevention hotline.
John Warren spoke regarding status of the grant to improve the American Legion Hall.
CONFLICT OF INTEREST DECLARATION
None
APPOINTMENTS TO BOARDS/COMMISSIONS
None
CONSENT CALENDAR
1. Clerks Report of Posting. The agenda of the October 13, 2025, City Council Meeting was Posted on Wednesday, October 8, 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 September 8, 2025, Regular City Council Meeting. (City Clerk)
4. Approval of Minutes for the September 22, 2025, Regular City Council Meeting. (City Clerk)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
5. Removed for separate consideration.
6. Resolution 2025 -122, Accepting California Office of Emergency Services 911 Award Money for the Purpose of Upgrading the Current Ceres Police Department 911 Dispatch Center. (Johnson)
7. Removed for separate consideration.
8. Resolution No. 202 5-123, Approving the General Services Agreement for the Crows Landing and Morgan Road Striping Project to Sierra Traffic Markings Inc. in the Amount of $99,210.00, Authorizing a Contingency in the Amount of $10,000.00 (Totaling $109,210.00) , and Authorizing the City Manager to Execute the Agreement. (Beltran)
9. Removed for separate consideration.
10. Waiver of Second Reading and Adoption of Ordinance No. 2025 -1093, An Ordinance of the City Council of the City Council of the City of Ceres Amending Title 13 – Water and Sewer, Chapter 3 – Rates and Charges, Section 030 – Water Connection Fee, of the Ceres Municipal Code. (Beltran)
11. General Correspondence – Information Only
a. Public Works Monthly Report for August 2025 (Casas)
12. Removed for separate consideration.
13. Resolution No. 2025 -XXX, Approving a Retroactive Agreement with the Lew Edwards Group to Provide Planning, Communication and Engagement Services for Quality-of-Life Vision, Approving a Budget Amendment in the Amount of $115,500, and Authorizing the City Manager to Execute the Agreement. (City Manager) *This item was pulled by staff and not considered by the Ceres City Council.
Action: Motion by Councilmember Otero, seconded by
Councilmember Vierra, approving items 1 - 4, 6, 8, 10 - 11.
Motion carried 4/0/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Absent Yes
CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR
Item 5: Removed for separate consideration by Councilmember Otero
Register of Audited Demand(s) Dated September 10, 2025, through September 24, 2025. (Esenwein)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
Councilmember Otero spoke regarding staff providing additional information on invoices related to travel, payment for dispatch services, dates of the first quarter of animal services payment, and Warden’s payment for the Finance Department remodel.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Action: Motion by Councilmember Otero, seconded by
Councilmember Vierra, approving item 5. Motion carried 4/0/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Absent Yes
Item 7: Removed for separate consideration by Councilmember Casey
Consideration to Cancel the Regularly Scheduled City Council Meeting of December 22, 2025. (City Manager)
Councilmember Casey requested to consider a special meeting in November.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included Planning Commission meeting conflict and planning for council meetings.
Action: Motion by Councilmember Vierra, seconded by
Councilmember Otero, approving item 7. Motion carried 3/1/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
No Yes Yes Absent Yes
Item 9: Removed for separate consideration by Councilmember Vierra
Waiver of Second Reading and Adoption of Ordinance No. 2025 -1092, An Ordinance of the City Council of the City of Ceres Amending Title 15, Building and Construction, Chapter 8, California Fire Code, of the Ceres Municipal Code to Adopt the 2025 California Fire Code. (Bickle)
Councilmember Vierra spoke regarding fees for excessive false alarms.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included boilerplate information, follow -up with an informational item, and excessive fire alarm fees and billing.
Action: Motion by Councilmember Vierra, seconded by
Councilmember Otero, approving item 9. Motion carried 4/0/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Absent Yes
Item 12: Removed for separate consideration by Councilmember Otero
Resolution No. 202 5-124, Approving an Agreement with Animal Damage Management, Inc. for Pest Control Services for an Annual Amount of $82,735.00 and Authorizing the City Manager to Execute the Agreement. (Casas)
Councilmember Otero spoke regarding an address correction in the agreement.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Action: Motion by Councilmember Otero, seconded by
Councilmember Vierra, approving item 12. Motion carried 4/0/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
Yes Yes Yes Absent Yes
UNFINISHED BUSINESS
None
PUBLIC HEARING
14. Resolution No. 202 5-XXX, Establishing the Annual Assessment Levy for Fiscal Year 2025-2026 on the Businesses in the Downtown Area Defined in the Ceres Downtown Revitalization Area Board Annual Report for the Activities and Programs of the Ceres Downtown Area Board for Fiscal Year 2025-2026. (Aguirre)
Redevelopment & Economic Development Manager, Julian Aguirre, introduced the item.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
Mayor Lopez opened the public hearing for public comment. The following members of the public spoke:
John Warren spoke regarding the cost of the landscape contract in comparison to the money collected from the businesses and collection of the levy being voluntary.
Mayor Lopez closed the public hearing.
Council and staff discussion included number of businesses paying, the number of businesses downtown, method of noticing for meetings and workshops, number of attendees at the meetings, reasons why businesses are not attending the meetings, improving communication, and establishing a board for the Ceres Downtown Revitalization Area.
Action: Motion by Councilmember Vierra, seconded by Mayor Lopez, approving item 14. Motion failed 2/2/1/0 by the following roll call vote:
Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
No Yes No Absent Yes
NEW BUSINESS
None
DISCUSSION ITEMS
15. Customer Watering Schedule Update Recommendation. (Casas)
Public Works Director, Sam Royal, introduced the item.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included how the targets are determined, adding a third watering day during the summer months , water usage with the planting of new trees, metered landscape usage at City parks, commercial landscaping, and metered landscape usage on commercial properties.
COUNCILMEMBER REFERRALS
16. Staffing Levels & Recruitment Presentation
(Requested by Vice Mayor Martinez at the September 22, 2025, Regular City Council Meeting)
*This item was continued to the November 10, 2025, Regular City Council meeting.
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
17. Landscape Services
(Requested by Councilmember Otero on September 25, 2025)
Councilmember Otero introduced the referral.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
Council and staff discussion included Morgan Road landscaping issues, exploring alternatives, cost differences between the bids.
Council provided consensus for staff to bring back an item reviewing landscape service contract(s). (3/1/1/0 → No = Casey & Absent = Vice Mayor Martinez)
18. Public Information Officer Position
(Requested by Mayor Lopez on October 3, 2025)
Mayor Lopez introduced the referral.
Mayor Lopez asked for public comment. The following members of the public spoke:
John Warren spoke regarding the amount of work for this position, cost of such position, and utilizing existing staff to perform the tasks of a public information officer.
Mayor Lopez closed public comment.
Council and staff discussion included social media, evaluating a new position or contracting it out, funding, and staffing issues.
Council provided consensus for staff to bring back an item to explore creating a Public Information Officer position. (4/0/1/0 → Absent = Vice Mayor Martinez)
REFERRAL REQUESTS
Establishing a Ceres Downtown Revitalization Area Board (Requested by Councilmember Otero)
Reviewing the Ceres Business License Ordinance and Policy (Requested by Councilmember Vierra)
Food Vendor Audits by Code Enforcement and Quarterly Reports on Sales Tax Collected (Requested by Councilmember Casey)
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
REPORTS
• Mayor
Nothing to report
• City Council
Councilmember Vierra spoke regarding Stanislaus Homeless Alliance, Salvation Army’s homeless shelter in Modesto, Seguro Max Insurance Center ribbon cutting, Fire Department ride along, Halloween events, City of Ceres Trunk -or-Treat, Chick-Fil-A mobile food truck, Crosstown Showdown parade, and driving during wet weather conditions.
Councilmember Otero spoke regarding Fire Ops 101 and landscape conversations with City staff.
Councilmember Casey spoke regarding CUSD’s 13th Annual Helping Students Today & Tomorrow and October being the month to respect life.
• City Manager
Nothing to report.
• City Attorney
Nothing to report
• Departments
Recreation Manager, Joey Chavez, spoke regarding Trunk-or-Treat, Crosstown Showdown parade, senior Halloween event, and senior harvest event.
CLOSED SESSION
19. Conference with Legal Counsel – Existing Litigation , Cal Gov’t Code §54956.9 “For purposes of this section, litigation shall be considered pending when any of the following circumstances exist… Litigation, to which the local agency is a party, has been initiated formally.” Name of Case: Rafid Khoshaba and Tow One Inc. vs. City of Ceres, Stanislaus County Superior Court Case Number: CV-24-005948
20. Conference with Legal Counsel – Anticipated Litigation , Cal. Gov’t Code §54956.9(d)(2)
“For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist… A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case: 1 case
ITEM 3
DRAFT MINUTES
Regular City Council Meeting
October 13, 2025
Mayor Lopez introduced Closed Session.
Mayor Lopez asked for public comment. No one spoke. Mayor Lopez closed public comment.
REPORT FROM CLOSED SESSION
Mayor Lopez reported that staff was provided direction.
ADJOURNMENT
The next scheduled City Council Meeting will be held on October 27, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.
There being no further business, Mayor Lopez adjourned the meeting at 8:49 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: October 27, 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 October 1, 2025, through October 8, 2025
RECOMMENDED COUNCIL ACTION:
City Council approve the register of audited demand(s) dated October 01, 2025 through October 08, 2025 covering obligations to be paid by general warrants in the amount of $1,126,547.35 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 October 01, 2025 through October 08, 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 2025-26 ITEM 4
budget. There is a $1,126,547.35 fiscal impact for the period of October 01, 2025 through October 08, 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 October 1, 2025, through October 8, 2025 ITEM 4
ATTACHMENT A
10/10/2025
1 Date Vendor Name PO# Invoice Description Amount 138.00
138.00
53.73 59.44
18.41 131.58
284.12
91.12 150.83
120.97
498.03
31.41 64.53
155.40
31.41 63.23
41.26 294.31
1,826.62
91.41 182.82
274.23
22500090 3,454.25
3,454.25
742.55
742.55
210.24
210.24Total:
Total:
10/01/25 CALIFORNIA LANDSCAPE SUPPLY, INC. PESTICIDE SPRAY FOR PARKS Total:
10/01/25 PARDY BOUNTHAVONG REPLACE DRAIN PANS ON UNITS @ CCC
DEF FOR TRACTORS
Total:
10/01/25 BSK ASSOCIATES JUN 25 MORGAN RD STORM DRAIN IMPROV PROJ ARGMNT #4 08/13-09/12/2025 CLETS LINE
Total:
10/01/25 BELKORP AG, LLC DEF FOR TRACTORS
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/12 - 09/11/2025 CALNET SVC
08/20/2025 - 09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
Total:
10/01/25 AT&T 07/07 - 08/06/2025 CALNET SVC
10/01/25 AMAZON CAPITAL SERVICES, INC. REPLACED PRESSURE WASHER TRIGGER GUN
REPLACEMENT FLAG & PICTURE/ CERTIFICATE HANGERS
UPHOLSTERY RING CLAMPS
10/01/25 209 MULTIMEDIA CORPORATION BINGO HALL ORDINANCE LEGAL AD #2 Total:
Voucher List
City of Ceres
ITEM 4
ATTACHMENT A
10/10/2025
2 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
945.78
945.78
666.00
666.00
22600005 5,780.33
5,780.33
10,508.65
10,508.65
194.00
194.00
109.69
109.69
224.63
224.63
1,876.91
2,735.15
3,310.38
2,678.82
2,150.90
1,621.33
14,373.49
31.00 31.00
10.00 26.06
36.06 520.00
520.00
4,000.00
4,000.00Total:
Total:
10/01/25 GOVERNMENTJOBS.COM, INC. POWERREADY SUBSCRIPTION - FTO SOFTWARE 9/29/25 UNIFORM SERVICE FLEET
Total:
10/01/25 MOTOROLA SOLUTIONS, INC LPR BASIC SERVICE PACKAGE Total:
10/01/25 MISSION LINEN SUPPLY 9/29/25 MATS FOR PW ADMIN BUILDING Total:
10/01/25 EDUARDO GOMEZ REFUND ON OVERPAYMENT OF CITATION DELIVERY OF RENEWABLE DIESEL @ PW 6/4/25
DELIVERY OF RENEWABLE DIESEL @ PW 5/12/25
DELIVERY OF RENEWABLE DIESEL @ PW 5/5/25
DELIVERY OF RENEWABLE DIESEL @ PW 4/24/25
DELIVERY OF RENEWABLE DIESEL @ PW 4/3/25
Total:
10/01/25 HUNT & SONS LLC DELIVERY OF RENEWABLE DIESEL @ PW 7/21/25 Total:
10/01/25 HUGHSON FARM SUPPLY SM TOOLS, CHEMICALS, & SUPPLIES FOR PARKS Total:
10/01/25 GREEN RUBBER-KENNEDY AG WATER HOSE REPAIR Total:
10/01/25 DEPT OF JUSTICE ACCOUNTING OFFICE AUGUST 2025 LIVE SCANS Total:
10/01/25 DELTA DENTAL OF CALIFORNIA OCTOBER 2025 DENTAL PREMIUMS Total:
10/01/25 DAVID LANGLEY INC. OCTOBER 25 JANITORIAL SVCS COMM CNTR Total:
10/01/25 CLARK PEST CONTROL, INC, SEPT MONTHLY MIDGE ABATEMENT FOR WW 10/01/25 CERES UNIFIED SCHOOL DISTRICT SUMMER BASKETBALL HOOPSTERS PROGRAM ITEM 4
ATTACHMENT A
10/10/2025
3 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
1,043.87
1,043.87
88.97 288.06
73.56 837.93
-30.59
91.92 50.23
120.73
555.16
33.75 2,109.72
1,000.00
1,000.00
497.39
497.39
662.53
662.53
152.92
801.79
675.37
1,630.08
22600000 11,060.00
11,060.00Total:
Total:
10/01/25 WEST COAST ARBORISTS, INC. TREE MAINTENANCE AND REMOVAL PROGRAM 10/01/25 VALLEY TIRE SALES, INC. 1 TIRE UNIT 30418-223D 6 TIRES FOR STOCK
4 TIRES
10/01/25 STERICYCLE, INC PROPERTY & EVIDENCE BIOHAZARD WASTE PICKUP Total:
10/01/25 SHARPENING SHOP/SHARP AUTO BELT AND BLADES Total:
10/01/25 CERES ROTARY CLUB CERES ROTARY CLUB P7806 3/1/25 RFND CC LRG RM Total:
BRACKET FOR UNIT 30-207-22
BELTS FPR UNIT 10-110-20
SEAT COVER FOR UNIT 30-210-13
3 GASKETS FOR UNIT 10-110-21
Total:
SHOCK ABSORBER FOR UNIT 10-110-03
SWITCH FOR WINDOW ON UNIT 10-106
ALTERNATOR FOR UNIT 10-104
RETURN/ CREDIT
STEERING DAMPER UNIT 35-233-18
Total:
10/01/25 PRICE FORD OF TURLOCK, INC. STEERING DAMPER FOR UNIT 35-233-18 10/01/25 PRESSURE WASHER CENTER INC. SERVICE ON PARKS HOTSY WASHER ITEM 4
ATTACHMENT A
10/10/2025
4 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
16,939.12
2,647.58
2,009.41
173.22
796.84
1,489.74
11,328.92
1,628.32
37,013.15
484.64
484.64
100.00
100.00
22600001 4,620.00
4,620.00
30.19 93.67
123.51
247.37
32.45 365.21
31.41 214.66
64.04 61.27
159.03
928.07
87.36 87.36Total:
08/20/2025 - 09/9/2025 CALNET
Total:
10/08/25 AT&T MOBILITY 08/24 - 09/2325 MODEMS FOR PD/FIRE VEHICLES 08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
08/20/2025-09/19/2025 CALNET
Total:
10/08/25 AT&T 08/20/2025-09/19/2025 CALNET
10/08/25 AMAZON CAPITAL SERVICES, INC. MOUSE PAD & PENS
LATERAL CLEANER,HOSE,FITTINGS,AIR FRESHENER,SPRAYS
DESK CHAIR, MATS @ WWTP
10/08/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS SEPT Total:
10/08/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC OCT 25 SCADA SERVER MONTHLY MONITORING Total:
10/08/25 ACCORD SYSTEMS, LLC SEPT 25 ACA REPORTING Total:
AUG2025 REAL ESTATE/LAND USE LEGAL SERVICES
AUG2025 MITSOPOULAS LEGAL SERVICES
Total:
AUG2025 HR LEGAL SERVICES
AUG2025 CANNABIS LEGAL SERVICES
AUG2025 COPPER TRAILS LEGAL SERVICES
AUG2025 TOW ONE LEGAL SERVICES
AUG2025 CONTRACTS LEGAL SERVICES
10/01/25 WHITE BRENNER LLP AUG2025 GENERAL MUNI LEGAL SERVICES ITEM 4
ATTACHMENT A
10/10/2025
5 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
2,415.00
2,415.00
3,883.00
3,883.00
1,179.96
1,179.96
250.35
167.98
167.50
585.83
469.80
469.80
545.00
553.00
1,098.00
22600030 669,331.58
669,331.58
148,723.16
148,723.16
102.75
102.75
10.00 10.00
22400089 14,763.73
14,763.73
156.76
19.59 114.24
160.02
182.84
633.45
VIPS UNIFORM - FUGGHETT - PANTS
VIPS UNIFORM - FUGGHETT - SHIRTS
Total:
10/08/25 CRESCENT SUPPLY VIPS UNIFORM - ARBAUGH
VIPS UNIFORM - FUGGHETT - ALTERATIONS
VIPS UNIFORM - FUGGHETT - ALTERATIONS
10/08/25 CONCO WEST INC. SEPT 25 WELL 22(GAC)TRTMNT PROJ P23-008 RESO24-001 Total:
10/08/25 CITY OF MODESTO 8/25/-9/22/25 WATER SVCS ROW @ RICHLAND AVE Total:
10/08/25 CITY OF MODESTO 08/25-09/22/25 WTR SVCS F/S 2 Total:
10/08/25 CITY OF MODESTO 7/31-8/31/25 NORTH CERES SEWER SRVCS FY25/26 HOS Total:
10/08/25 CITY OF MODESTO OCT 25 CERES FIRE SRVS CONTRACT Total:
10/08/25 CAR WASH PARTNERS, INC. SEPTEMBER 25 CAR WASHES FOR PW SEPT 25 CAR WASHES FOR PD
Total:
10/08/25 AASIM PROPANE & GAS CORPORATION PROPANE FOR PATCH TRUCK Total:
½ YARD OF CONCRETE FOR SINKHOLE ON CANCIMILLA CT.
CONCRETE -HYDRANT MOVED OUT OF SIDEWALK @WHITMORE
Total:
Total:
10/08/25 CALIFORNIA LANDSCAPE SUPPLY, INC. CONCTRETE FOR PAD AROUND MONITORING WELL Total:
10/08/25 PARDY BOUNTHAVONG REPAIRS ON ICE MAKER @ CCC Total:
10/08/25 BRIAN ALBONETTI SEPT 25 PD BACKGROUNDS
10/08/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC SIGNAL REPAIR @ HATCH/ MOFFET ITEM 4
ATTACHMENT A
10/10/2025
6 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
54.05 49.70
103.75
520.30
520.30
1,550.30
1,550.30
1,050.00
1,050.00
22600021 27,369.85
27,369.85
285.30
214.92
40.26 17.00
1,488.38
2,045.86
126.00
126.00
250.00
854.00
1,104.00
130.00
65.00 115.00
130.00
140.00
140.00
105.00
105.00
930.00Total:
INFLUENT SAMPLE ANALYSIS
TURLOCK EXPORT SAMPLE #1 ANALYSIS
TURLOCK EXPORT SAMPLE #2 ANALYSIS
EFFLUENT SAMPLES ANALYSIS
EFFLUENT SAMPLES ANALYSIS
10/08/25 GEOANALYTICAL LABORATORIES, INC INFLUENT SAMPLES ANALYSIS
EFFLUENT SAMPLES ANALYSIS
MONTHLY SAMPLE ANALYSIS SEPT 2025 WWTP
10/08/25 GATE-OR-DOOR INC. GATE REPAIR CORP YARD
RIVERBLUFF GATE REPAIR
Total:
10/08/25 FORD MOTOR COMPANY TELEMATICS FOR PD CARS Total:
PLUMBING PARTS
1" COUPLERS/ STOCK
Total:
10/08/25 FERGUSON US HOLDINGS, INC PLUMBING WHITMORE PARK RESTROOMS
PLUMBING REPAIR WHITMORE PARK RESTROOMS
PLUMBING @ FLEET
10/08/25 EIDE BAILLY LLP SEP 2025 ACCOUNTING CONSULTING SERVICES AUDIT Total:
10/08/25 DU-ALL SAFETY, LLC SEPT 25 SAFETY MAINT CONTRACT Total:
10/08/25 DITTOS COPY CENTER, INC. ADMIN CITE BOOKLETS Total:
10/08/25 DELTA DENTAL OF CALIFORNIA APR-SEP 25 VENTURA|APR-JUN 25 ADAIR|MAY-JUN 25 SIM Total:
10/08/25 DAIOHS USA INC. OFFICE WATER FOR PW
OFFICE WATER -WATER DEPT.
Total:
ITEM 4
ATTACHMENT A
10/10/2025
7 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
106.15
106.15
30.60 30.60
22600018 1,820.00
1,820.00
8,091.82
9,070.42
7,210.63
8,611.24
32,984.11
678.52
71.41 115.71
148.12
1,013.76
19,020.28
1,182.22
20,202.50
468.00
468.00
75.86 75.86
375.00
375.00
1,000.00
1,000.00
3,120.00
3,120.00Total:
Total:
10/08/25 RAJAS PROPERTIES LLC REIMBURSEMENT OF BLDG PERMIT 22-88 Total:
10/08/25 MAVERICK DATA SYSTEMS WARRANT BUILDER YEARLY SUBSCRIPTION Total:
10/08/25 MARTIN ANTHONY PINEDA 10/18/25 TRUNK OR TREAT DJ SERVICES Total:
10/08/25 K & D ENTERPRISES INC. AB- YARDSTOCK
GENERATOR REPAIR FS 4
Total:
10/08/25 JANA KIRCHERT 9/15-10/2/25 GET FIT/ZUMBA GOLD CLASSES
CUSTODIAL SUPPLIES
Total:
10/08/25 INDUSTRIAL ELECTRICAL CO. AERATOR 1-1 REPLACEMENT MOTOR 10/08/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES @ COSTA FIELDS
CUSTODIAL SUPPLIES
CUSTODIAL SUPPLIES @ COSTA FIELDS
9/1-9/15/25 FUEL FOR PW
9/1-9/15/25 FUEL FOR PD
9/16-9/30/25 FUEL FOR PW
Total:
Total:
10/08/25 HUNT & SONS LLC 9/15-9/30/25 FUEL FOR PD Total:
10/08/25 GROVER LANDSCAPE SERVICES, INC LANDSCAPE SERVICES FOR DOWNTOWN BUSINESS DISTRICT Total:
10/08/25 GREEN RUBBER-KENNEDY AG PVC,PLUG FOR STOCK AND TRUCK 10/08/25 GEORGE REED, INC. 1.04 TONS OF ASPHALT FOR PATCHING ITEM 4
ATTACHMENT A
10/10/2025
8 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
10.00 141.51
129.24
42.40 42.40
28.04 28.04
72.58 184.15
678.36
129.69
129.69
174.83
174.83
22500115 5,018.89
22600006 1,407.63
6,426.52
3,877.21
3,877.21
1,101.83
1,293.45
2,395.28
217.33
97.55 372.77
687.65
30,282.92
29,677.26
2,443.24
2,443.24Total:
Total:
10/08/25 PG&E #24-42 WTR MTR DEPOSIT RFND 2717 ROEDING RD Total:
10/08/25 PACE SUPPLY CORP ¾ METERS FOR WATER DEPT. 10/08/25 O'REILLY AUTO PARTS BATTERY FOR UNIT 40-200-19
HEAVY LIGHT BULBS KEY FOB
MOTOR OIL
10/08/25 NORTHSTAR CHEMICAL CL2-WELL#27
CL2-WELL #39 & 40
Total:
10/08/25 NBS GOVT FINANCE GRP INC LANDSCAPE MAINTENANCE ASSESSMENT 10/1-12/31/25 Total:
10/08/25 MOTOROLA SOLUTIONS, INC (27) RADIO BATTERIES
MOTOROLA RADIO MAINTENANCE
Total:
10/08/25 MODESTO WINDUSTRIAL CO BLADES FOR SAWS
Total:
10/08/25 MODESTO BATTERY COMPANY & SUPPLIES, INC. BATTERY FOR UNIT # 10-103-25 Total:
9/29/25 UNIFORM SERVICE FACILITIES
9/29/25 UNIFORM SERVICE WTR/WTR CONSERVATION
10/6/25 UNIFORM SERVICE WTR/WTR CONSERVATION
Total:
9/29/25 UNIFORM SERVICE WASTEWATER
9/29/25 UNIFORM SERVICE STREETS
9/29/25 UNIFORM SERVICE PARKS
10-6-25 UNIFORM SERVICE PARKS
9/22/25 UNIFORM SERVICE FACILITIES
10/08/25 MISSION LINEN SUPPLY 10-6-25 MATS FOR PW ADMIN BUILDING ITEM 4
ATTACHMENT A
10/10/2025
9 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
3,215.03
-7.78
38.28 719.72
3,965.25
209.20
209.20
75.50 604.09
679.59
3,195.00
3,195.00
127.80
114.40
57.69 133.88
433.77
1,219.00
1,219.00
22500106 9,200.00
9,200.00
3,023.50
3,023.50
6,418.91
6,418.91
50.00 50.00
22400061 5,976.40
5,976.40Total:
Total:
10/08/25 TL ENGINEERING SEPT 25 BIKE LN CORRIDORS CLASS II CML-5241(074) Total:
10/08/25 T-MOBILE USA, INC CELLPHONE SEARCH WARRANT - INVESTIGATIONS Total:
10/08/25 T-MOBILE USA, INC AUG 21 - SEPT 20 2025 T-MOBILE PHONE SVCS Total:
10/08/25 STANDARD INSURANCE OCT 2025 BASIC & VOLUNTARY LIFE INSURANCE PREMIUMS Total:
10/08/25 SNS AUTOMATION PUBLIC WORKS DEPARTMENT SCADA SYSTEMS INTEGRATION
WIRE FLAGS FOR USA'S
Total:
10/08/25 SHARP ELECTRONICS CORPORATION OCT 1-31 2025 STANDARD PYMNT 8 COPIERS 1 PRINTER 10/08/25 SAFE T LITE OF MODESTO INC 3 STREETS NAME SIGNS
BATTERIES
SAFETY VEST- SERVICE TRUCK
10/08/25 RECREATE WASTE COLLABORATIVE, LLC S131383 LOCAL ASSISTANCE GRANT RECREATE CONSULT Total:
10/08/25 RAYCO INDUSTRIAL SUPPLY INC FLASHLIGHT FOR ONCALL TRUCK
PIPE VISE-YARD
Total:
10/08/25 R&H WHOLESALE SUPPLY, INC LOCKS AT PARKS Total:
CREDIT RETURN
V-BEL
REPAIRS ON UNIT 10-241-21
Total:
10/08/25 PRICE FORD OF TURLOCK, INC. REPAIRS ON UNIT 10-107-17 ITEM 4
ATTACHMENT A
10/10/2025
10 Date Vendor Name PO# Invoice Description Amount Voucher List
City of Ceres
22600019 720.00
720.00
83.15 83.15
39.96 39.96
1,126,547.35
Total:
Vouchers in this report Total vouchers:
Total:
10/08/25 WILLE ELECTRIC SUPPLY, INC. BREAKER FOR FS 18 Total:
10/08/25 M AND D FAMILY ENDEAVORS, INC K9 FOOD - ONYX 10/08/25 TOP DOG POLICE K9 TRAINING AND CONSULTING K9 MONTHLY TRAINING 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: October 27, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael Beltran, PE, Director of Engineering Services/City Engineer [email protected], (209) 538-5775
SUBJECT: Resolution No. 202 5-XXX, Appropriating Additional Funding for HSIPSL-5241(076) Median Installation at Mitchell R oad and Authorizing a Budget Amendment
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a resolution to provide appropriate additional funding for HSIPSL-5241(076) Median Installation Mitchell Road and authorize a budget amendment.
I. BACKGROUND:
The City has received federal funding through the Highway Safety Improvement Program (HSIP) to install medians on Mitchell from Whitmore Avenue to Garrison Street. The total length is approximately 0.25 miles. Improvements include curb return reconstruction and realignments, installing medians, slurry seal , pavement striping, markings, signage, and signal modifications.
II. REASONS FOR RECOMMENDATION:
Installing medians is intended to improve safety by reducing head-on collisions and limiting conflict points.
Additional funding is necessary to complete the design phase of the Highway Safety Improvement Program (HSIP) Project.
III. FISCAL IMPACTS:
The following funds should be appropriated to the project:
$50,000.00 – 27195.800500(ENG2228)
ITEM 5
A budget amendment is necessary to fund the project in the amount of $50,000.00 added to account number 27195.800500(ENG2228).
This project does not affect the General Fund.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the First Goal of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.
V. POLICY ALTERNATIVES:
The City Council can choose to reject the additional funding for this project; this will in turn cancel the project and all grant funding will have to be returned.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
No committee or public participation events are anticipated for this action.
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The Finance Department will make the appropriate accounting entries to fund the remaining design portion of the project.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Budget Amendment
ITEM 5
ATTACHMENT A
RESOLUTION NO. 2025-XXX
APPROPRIATING ADDITIONAL FUNDING FOR HSIPSL-5241(076)
MEDIAN INSTALLATION AT MITCHELL ROAD AND AUTHORIZING A
BUDGET AMENDMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the project HSIPSL-5241(076) Median Installation at Mitchell Road was programmed in the Capital Improvement Program in account numbers 26895.800500 and 27195.800500(ENG2228); and
WHEREAS, additional funding is necessary for potholing and completing the design phase of the project; and
WHEREAS, a budget amendment appropriating an additional $50, 000.00 from account 27195.800500 (ENG2228) is necessary to fully fund the design portion of the project; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby appropriate additional funding for HSIPSL-5241(076) Median Installation at Mitchell Road and authorizes a budget amendment.
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5
Budget Amendment No.
Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:
Appropriations:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ITEM 6
ITEM 6
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: October 27, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Michael R. Beltran II, PE, Director Of Engineering [email protected], (209) 538-5775
SUBJECT:
Resolution No. 2025-XXX, Approving the Project Agreement to the Master Agreement for Professional Consultant Services with BSK Associates for Construction Observation and Materials Testing Services for Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement (2524) Project in the Amount of $36,777.00, Approving a $10,000 Contingency, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a resolution authorizing the execution of a Project Agreement under the Master Agreement for Professional Consultant Services with BSK Associates, in the amount of $ 36,777.00, for Construction Observation and Materials Testing Services for the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement (Project No. 2524). Staff also recommends approval of a $10,000 contingency and authorization for the City Manager to execute the agreement.
I. BACKGROUND:
The work to be performed includes, but is not limited to, replacing aging water pipelines, water meters, valves, and hydrants within two neighborhoods, with one neighborhood consisting of three (3) alternates.
The project locations for the base bid and selected Bid Alternate 2C:
• Base bid is bordered by Caswell Avenue to the north, Moffett Road to the east, E.
Whitmore Avenue to the south, and 5th Street to the west. • Bid alternate 2C is bordered by Fowler Road to the north, Mitchell Road to the east, Garrison Street to the south, and Robin Drive/Cardinal Drive to the west.
ITEM 6
The work to be performed under this Master Agreement for Professional Consulting Services would be for geotechnical materials testing services.
II. REASONS FOR RECOMMENDATION:
While City staff will provide oversight, additional support is required from a qualified professional firm to perform construction observation and materials testing services. BSK Associates will conduct critical inspections and compaction testing for soils, base, and asphalt during trench backfill operations.
III. FISCAL IMPACTS:
Sufficient funds are available in the following accounts to fully cover the cost of these services:
• 52795.800500 (2524)
This project will not require the use of General Fund resources.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the First Goal of the Strategic Plan:
Infrastructure: Ensure that the community has adequate, well-maintained infrastructure that fosters a quality community and supports a strong economy.
V. POLICY ALTERNATIVES:
The City Council may choose not to approve the resolution. However, this would eliminate the use of a professional testing and observation firm for the project, significantly increasing the risk of long-term trench or pavement failures due to inadequate compaction or improperly executed construction techniques.
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
No committee meetings or formal public outreach are required for this item. However, the selected construction contractor will be responsible for providing advance notification to nearby residents and businesses regarding any construction impacts, includin g road closures or access limitations.
VIII. ENVIRONMENTAL REVIEW:
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (b), (c), and (d) for maintenance and restoration of existing facilities.
ITEM 6
IX. STEPS FOLLOWING APPROVAL:
Upon Council approval, the City Manager will execute the agreement with BSK Associates, and staff will proceed with scheduling the necessary inspection and testing services in coordination with the construction timeline.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Scope of Services
3. Attachment C – BSK Project Agreement
ITEM 6
ITEM 6
ATTACHMENT A
RESOLUTION NO. 2025-XXX
APPROVING THE PROJECT AGREEMENT TO THE MASTER
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES WITH
BSK ASSOCIATES FOR CONSTRUCTION OBSERVATION AND
MATERIALS TESTING SERVICES FOR PARKSIDE ESTATES,
WOODACRES, AND 6TH STREET WATER MAIN AND SERVICE
REPLACEMENT (2524) PROJECT IN THE AMOUNT OF $36,777.00, APPROVING A $10,000 CONTINGENCY, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement (2524) Project was included in the Capital Improvement Project list and will be funded by existing account number 52795.800500; and
WHEREAS, the City of Ceres is implementing Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement Project to replace an aging water main, and reduce future maintenance costs; and
WHEREAS, the project requires construction observation and materials testing services to ensure quality assurance and compliance with applicable standards, including trench backfill compaction; and
WHEREAS, BSK Associates is a qualified firm under the City's Master Agreement for Professional Consultant Services and has submitted a proposal to provide the necessary testing and observation services for the project; and
WHEREAS, staff recommends approving a Project Agreement to BSK Associates, in the amount of $ 36,777.00 and approving a contingency in the amount of $10,000 for potential unforeseen testing services; and
WHEREAS, sufficient funding for this work is available in accounts 52795.800500 (2524); and
WHEREAS, this project does not require the use of General Fund resources.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the project agreement to the master agreement for professional consultant services with BSK Associates for construction observation and materials testing services for Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement (2524) Project in the amount of $ 36,777.00, approv es a $10,000 contingency, and authorizes the City Manager to execute the agreement.
ITEM 6
ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 6
SCOPE OF SERVICE
2524 - 6th St, Parkside, Woodacres Water Main
Pr
oject Scope:
The City of Ceres will be installing a new water main within a residential area in the City of Ceres. This will require trenching of the roadway to install approx. 6,400 LF of water main that includes 132 services.
The City of Ceres needs a Geotechnical Engineering consultant to perform materials sampling and testing to ensure compliance with the plans and specifications. Material testing will be required on native material used as initial backfill, Class II Aggregate Base, and Type A Asphalt Concrete.
Project Location:
This project had two (2) locations that included a base bid and bid-alternate 2C. Their locations are as follows:
• Base bid location is on 6th Street from Caswell Ave. to E. Whitmore Ave., and
, on Thomas Street from 5th Street to Mo9ett Rd. Bid alternate 2C is lo
cated
• Bid alternate 2C is located on Shushan Dr. from Fowler Rd. to Garrison St
.
See location map on the cover page of the plans.
Project Tasks:
Refer the project plans and specifications for additional information. All tests and materials used are per current Caltrans specifications.
Task 1: Sampling
• Consultant shall coordinate with the City to sample materials to be te
sted per the project specifications. Testing shall be for the following items:
o Initial backfill
ATTACHMENT B
ITEM 6
o Class II 3/4” Aggregate Base
o Type A 3/4” Asphalt Concrete (not Final Lift)
o Type A 1” Asphalt Concrete Final Lift
Task 2: Initial Backfill
• Initial backfill shall be native backfill compacted to 90% RC (around the p
ipe) and 95% RC at the upper section.
• Existing native to a depth of 6” compacted at 95% RC.
T
ask 3: Class II Aggregate Base
• Class II Aggregate Base shall have 3/4” max aggregate and be c
ompacted to 90%-95% RC
Task 4: Asphalt Concrete
• Type A 3/4” Asphalt Concrete (not Final Lift) and Type A 1/2” Asphalt C
oncrete (Final Lift) both to be compacted to 90-95% RC
City Responsibilities:
The City will provide documentation, support and coordination for scheduling for material testing.
Due Date:
08/08/2025 by 5:00pm (end of Business Day).
City Contact:
Paul Flores, P .E.
Associate Engineer
Phone: 209-538-5758
Email: paul.fl[email protected]
ATTACHMENT B
ITEM 6
August 11, 2025 - Revised August 13, 2025 BSK Proposal C25001030 Paul Flores
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Subject: Earthwork and Materials Testing Services
City of Ceres - 6th Street Water Main Projects
Various Locations
Ceres, CA .
Dear Mr. Flores:
BSK Associates is pleased to submit this proposal for the Earthwork and Materials Testing Services required for the City of Ceres - 6th Street Water Main Projects in Ceres, CA. We have developed this proposal package specifically with your needs in mind and based on our experience with Special Inspection requirements of the California Building Code, our review of the provided project plans (April 2025), correspondence with you regarding the project, and our prior experience with projects of this size and nature.
For your approval, we have included our scope of services and fee estimate, our basis for invoicing, and an authorization and acceptance form for our agreement. Rates not specifically quoted will be charged per our published Schedule of Fees. The hourly rates/charges quoted are for the project duration. It is our understanding that there is no Project Labor Agreement in-place on this project, and that the project is subject to State of California prevailing wage requirements.
In order for BSK to assist you in reducing exclusions from our Final Report, a copy of the project Testing and Inspection Sheet (prepared by the Structural Engineer, Architect and/or Building Official) should be submitted to our office prior to our first site visit. Further, our technicians are required to note they are referring to Approved Plans during their site inspections; a copy should be made available at the project site or fabrication location.
We appreciate the opportunity to submit this proposal. If you should have further questions or comments, please give us a call. We appreciate the opportunity to work with you. We will schedule the work upon your return of our Standard Agreement.
Respectfully submitted,
BSK Associates
Veronica Rager Carrie L. Rodriguez
Project Manager I Group Manager
Enclosure
Scope of Services and Fee Estimate
Basis for Invoicing
Standard Agreement
Fee Schedule
252 W. Larch Road, Suite H
Tracy, CA, 95304
P 209-872-0492
www.bskassociates.com
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company
ATTACHMENT B
ITEM 6
SCOPE OF SERVICES AND FEE ESTIMATE
Earthwork and Materials Testing Services
City of Ceres - 6th Street Water Main Projects
Various Locations, Ceres, CA
BUDGET SUMMARY
SERVICE TOTAL
FIELD SERVICES
Earthwork / HMA $26,284.00
MATERIALS LABORATORY TESTING $6,655.00
BSK SERVICE ADMINISTRATION $3,838.00
TOTAL BUDGET ESTIMATE $36,777.00
City of Ceres - 6th Street Water Main Projects
Various Locations
Ceres, CA
BSK Proposal No. C25001030
August 11, 2025 - Revised August 13, 2025
ATTACHMENT B
ITEM 6
FIELD SERVICES
Earthwork / HMA
DESCRIPTION DAYS
HRS/
DAY
HOURS /
UNITS RATE EXTENSION
Compaction Testing Technician -
Trench Backfill 26 4 104 $167.00 $17,368.00
HMA Batch Plant Sampling (Aggregate
and Oil) 1 4 4 $167.00 $668.00
Compaction Testing Technician - HMA 5 8 40 $167.00 $6,680.00 Trip Charge (Mileage, Bridge Toll,
Parking Fees) 32 70 $0.70 $1,568.00
Subtotal - Earthwork / HMA $26,284.00
LABORATORY TESTING
DESCRIPTION FREQUENCY SETS/UNITS RATE EXTENSION
AC Max Density Rice Method (ASTM
D2041) 1 per sample 5 $348.00 $1,740.00
Sieve Analysis of Fine & Coarse
Aggregate (C136) 1 per mix 1 $237.00 $237.00
Ignition Oven Correction Factor
(AASHTO T308) 1 per mix 1 $723.00 $723.00
Bitumen Content - Ignition (AASHTO
T308) periodically 3 $311.00 $933.00
Compaction Curves - Base Rock (6"
Mold) 1 per material 1 $353.00 $353.00
Compaction Curves - Site Soils (4"
Mold) 1 per material 4 $353.00 $1,412.00
Sieve Analysis of Fine & Coarse
Aggregate (C136) 1 per material 1 $237.00 $237.00
Sand Equivalent (ASTM D2419) 1 per material 1 $175.00 $175.00 R-Value (CTM 301) 1 per material 1 $497.00 $497.00
Durability Index (CTM 229) 1 per material 1 $348.00 $348.00 SUBTOTAL - LABORATORY TESTING $6,655.00
City of Ceres - 6th Street Water Main Projects
Various Locations
Ceres, CA
BSK Proposal No. C25001030
August 11, 2025 - Revised August 13, 2025
ATTACHMENT B
ITEM 6
BSK SERVICES ADMINISTRATION
DESCRIPTION
HOURS/
UNITS RATE EXTENSION
Principal (Contract / Performance Oversight) 2 $314.00 $628.00 Senior Professional (Review, support and reporting) 4 $276.00 $1,104.00 Project Professional II (Field Oversight, Daily Report
Review) 4 $259.00 $1,036.00
Administrative Assistant (Data Processing, Report
Prep., Field Coordination) 4 $110.00 $440.00
DIR / CPR Reporting / Processing 2 $315.00 $630.00
SUBTOTAL - BSK SERVICES ADMINISTRATION $3,838.00
City of Ceres - 6th Street Water Main Projects
Various Locations
Ceres, CA
BSK Proposal No. C25001030
August 11, 2025 - Revised August 13, 2025
ATTACHMENT B
ITEM 6
BASIS FOR INVOICING, FEES, AND LIMITATIONS
BASIS FOR INVOICING:
The enclosed fee schedule includes the billing rates and charge schedule that will be used as our basis for invoicing.
FEES:
Our services will be performed on a time and material basis at unit rates herein listed. Portal-to-portal charge is based from our Tracy office. Rates/charges not specifically quoted will be charged per our published Schedule of Fees. We estimate our fees for this project at $36,777.00. This estimate is based upon our years of experience in this profession, but it is an estimate only. We endeavor to limit our charges to this estimate; however, events beyond our control may affect total cost. For example; if the work progresses quicker than anticipated, fees could be considerably less; or, if the work progresses slower than anticipated, our fees may exceed this estimate.
It is our practice to notify you if it appears our fees will exceed our estimate, but due to the timing and nature of our services and to ensure that your project is not delayed, this may not always be possible. Our invoices however will serve as an update of our progress as well as fees charged versus our estimate. Invoices are payable upon receipt and deemed delinquent if not paid within 30 days. Delinquent invoices may be subject to interest/service charges, and collection expenses including attorney’s fees, at our election. As necessary to accommodate the construction schedule, BSK may use contract special inspectors to augment our staff.
Inspections performed by contract providers will be billed as specified for BSK employees, herein, and at the rates included in the Fee Estimate.
LIMITATIONS:
BSK Associates provides special inspection services to assist you in verifying that the work is in substantial conformance to the project documents and as required by the California Building Code. These services shall not be construed as acceptance of the work or relieve the contractor in any way from his/her obligations and responsibilities as outlined in the applicable construction documents. BSK assumes no responsibility for the safety of others on the jobsite or the methods and means of construction. BSK will make every effort to respond to the emergent needs of your project, to assure better service we ask that you schedule inspection/testing activities at least 24 hours in advance. To avoid show-up charges, cancel such requests at least four hours in advance of our arrival time. Section 1701 of the CBC requires the special inspection agency to file a final report for the project. The report will be issued upon complete reconciliation of your account. This proposal for construction services shall be valid for not more than sixty (60) days from the date of presentation.
City of Ceres - 6th Street Water Main Projects
Various Locations
Ceres, CA
BSK Proposal No. C25001030
August 11, 2025 - Revised August 13, 2025
ATTACHMENT B
ITEM 6
INVOICE AND REPORT DISTRIBUTION
BSK Associates will issue our invoice to the following firm/contact. Please provide a separate accounts payable (AP) contact as appropriate:
Client Accounts Payable
Company: City of Ceres
Address: 2220 Magnolia Street
City, State, Zip: Ceres, CA 95307
Contact Name: Paul Flores AP Contact:
Contact Phone: 209-701-6764 AP Phone:
E-Mail: [email protected] AP Email:
Report Distribution
BSK will issue special inspection and materials testing reports by electronic delivery to the following recipients. If additional recipients are desired, please complete and return this form accordingly:
Client Building Department
Company: City of Ceres Agency:
Address: Various Locations Address:
City, State, Zip: Ceres, CA . City, State, Zip:
Contact Name: Paul Flores Contact Name:
Contact Phone: 209-701-6764 Contact Phone:
E-Mail: [email protected] E-Mail:
Other Other
Company: Company:
Address: Address:
City, State, Zip: City, State, Zip:
Contact Name: Contact Name:
Contact Phone: Contact Phone:
E-Mail: E-Mail:
City of Ceres - 6th Street Water Main Projects
Various Locations
Ceres, CA
BSK Proposal No. C25001030
August 11, 2025 - Revised August 13, 2025
ATTACHMENT B
ITEM 6
BSK Rate Schedule (valid through 12/31/2026)
PROFESSIONAL STAFF
Principal 314.00$
Senior Professional 276.00$
Project Professional II 259.00$
Project Professional I 221.00$
Staff Professional II 193.00$
Staff Professional I 171.00$
Project Administrator 122.00$
Administrative Assistant / Clerical 110.00$
Seismic GIS 243.00$
GIS Specialist 210.00$
Information Specialist II 198.00$
Information Specialist I 176.00$
CAD 132.00$
Litigation support
TECHNICAL STAFF
Group 1 - Special Inspector 198.00$
Group 2 - Special Inspector 188.00$
Group 3 - Engineering Technician 167.00$
Group 3 - Geotechnical Professional 204.00$
Group 3 - Environmental Professional 204.00$
Group 4 - Technician 146.00$
Ground Penetrating Radar Scanning Technician 348.00$
Core Drilling Technician 270.00$
Floor Flatness Testing Technician 232.00$
Sample Pickup / Transportation / Delivery 132.00$
Laboratory Technician 144.00$
BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Fie
ld Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 8 hours Actual time
Field Work from 6 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half base rate (1.5x) Sundays, holidays and over 12 hours Bill two times base rate (2x) Base Rate x 12.5%
Show-up time (no work performed), minimum charge Bill 2 hours Sample or cylinder pickup, minimum charge Bill 2 hours
REIMBURSABLES
Mi
leage - 2x2 vehicle (Portal to Portal)
Mileage - 4x4 vehicle (Portal to Portal)
Per Diem (as required) Actual Cost
Bridge Toll Cost + 10%
Parking Fees Cost + 10%
Subconsultant/Subcontractor Services, Vendors, and Expenses Cost + 10%
PERSONNEL RATES
OTHER RATES
Night Shift (Shift commencing after 2pm / before 4am)
1.5x standard rate
IRS Rate
ATTACHMENT B
ITEM 6
BSK Rate Schedule (valid through 12/31/2026)
BSK SERVICES / DIR / PREVAILING WAGE ADMINISTRATION FEES Certified Payroll / DIR Upload (Monthly) - per project 315.00$ Non-Performance Certified Payroll / DIR Upload (Monthly) - per project 105.00$ Subcontractor Management / Compliance Forms (Monthly) - per project 105.00$ Additional LCP Tracker or Other Compliance Software (Monthly) - per project 210.00$ Additional Special Forms, as required (Monthly) - per project 158.00$
OTHER RATES (CONTINUED)
ATTACHMENT B
ITEM 6
BS K Rate Schedule (valid through 12/31/2026)
MATERIALS LABORATORY TEST RATES
SOILS
Modified or Standard Proctor - 4" or 6" Mold (ASTM / AASHTO) 353.00$ Proctor with Oversize Material (ASTM / AASHTO) 441.00$
Proctor Check Point (All Methods) 189.00$
Caltrans Maximum Wet Density (CT 216) 298.00$
Minus 200 Wash Soil (ASTM D1140) 116.00$
Moisture Content of Soils (ASTM D2216) 49.00$
Plasticity Index (ASTM D4318) 305.00$
Expansion Index of Soils (UBC No. 29) 327.00$
Collapse Potential of Soils (ASTM D2435) 284.00$
Organic Impurities (ASTM C40 / CT 213) 116.00$
Tube Density & Moisture Content of Soil 60.00$
Visual Classification (ASTM D2488) 60.00$
Hydrometer (ASTM D422 / CT 203) 331.00$
Double Hydrometer (ASTM D4221) 435.00$
Uncompacted Void Content (CT 234 / AASHTO T304) 154.00$ Sand Density Calibration (ASTM D1566) 243.00$
Minimum Resistivity of Soils (CT 643) 195.00$
Consolidation (ASTM D2435) 2/2 Time Rates 581.00$
Consolidation (ASTM D2435) w/ No Tim Rates 386.00$
Uncofined Compression Strength, Soil (ASTM D2166) 154.00$ Remolded Consolidation (ASTM D2435) 491.00$
Minimum Index Density Soils (ASTM D4254) 96.00$
Direct Shear Remolded (ASTM D3080) 364.00$
Direct Shear (ASTM D3080) 305.00$
Remolded Direct Shear (ASTM D3080) 364.00$
Remolded Flexwall Perm (ASTM D5084) 776.00$
% Crushed Particles / Fractured Particles (CT 205/AASHTO T335) 229.00$ '% Flat & Elongated (ASTM D4791) 175.00$
Minus 200 Wash/Aggregate (ASTM C117) 116.00$
Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO T27) 237.00$ Sieve Analysis - Coarse Only (ASTM C136 / CT 202 / AASHTO T27) 116.00$ Coarse Specific Gravity / Absorption (ASTM C127/CT 206/AASHTO T85) 221.00$ Fine Specific Gravity / Absorption (ASTM C128/CT 207/AASHTO T84) 221.00$ Sand Equivalent (ASTM D2419 / CT 217 / AASHTO T176) 175.00$ Durability Index (CT 229) 348.00$
Abrasion by LA Rattler, Large Size (ASTM C131/CT 211/AASHTO T96) 397.00$ Abrasion by LA Rattler, Small Size (ASTM C131/CT 211/AASHTO T96) 327.00$ Cleanness Value of Aggregate (CT 227) 250.00$
Aggregate Wt pcf Compacted (ASTM C 29) 123.00$
Gradation-Rip Rap - Per Sieve (D5519-Method A) 313.00$
Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT 214/AASHTO T104) 485.00$ Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT 214/AASHTO T104) 154.00$ R-Value of Soils (CT 301) 497.00$
Soil Cement Compression - Set (ASTM D1633) 331.00$
CIR / FDR Compressive Strength Testing - Set 331.00$
CIR / FDR Sample Preparation / Compaction 303.00$
CBR (ASTM D1883/AASHTO T-180) 1,379.00$
Preparation of Soil-Cement Samples 1,044.00$
ATTACHMENT B
ITEM 6
BSK Rate Schedule (valid through 12/31/2026)
SOILS (CONTINUED)
Soluble Sulfate Chloride & Sulfide 181.00$
pH Sulphate & Chloride 91.00$
% Lumps/Friable Particles (ASTM C142) 112.00$
'% Organics in Soil (ASTM D2974) 190.00$
HOT MIX ASPHALT
JMF Mix Design, Superpave / Caltrans 12,430.00$
JMF Verification - HMA - Superpave / Caltrans 7,203.00$ JMF Production Startup - Superpave / Caltrans 6,701.00$ RAP Material Testing - Additional Fee 872.00$
Rubberized RHMA Material - Additional Fee 2,011.00$
JMF Mix Design, HVEEM 4,300.00$
JMF Mix Design, Marshall 5,101.00$
Open Graded Asphalt Optimum Bitumen Content (CT 368) 3,070.00$ Gyratory Compaction - Set of 3 (AASHTO T312) 464.00$
Hamburg Wheel Track (AASHTO T324) 2,756.00$
Tensile Strength Ratio (CT 371 / AASHTO T283) 1,521.00$ Marshall Maximum Density (ASTM D6926) 405.00$
Marshall Stability & Flow (ASTM D6927) 348.00$
Bitumen Content - Ignition (ASTM D6307 / CT382 / AASHTO T308) 311.00$ Oil Content Correction Factor (ASTM D6307 / CT 382 / AASHTO T308) 723.00$ Gradation from Extraction (ASTM D5444 / AASHTO T30) 189.00$ Bulk Specific Gravity (CT308 / AASHTO T275 / ASTM D2726) 88.00$ HMA Theo. Max Density Rice Method (ASTM D2041 / CT 309 / AASHTO T209) 348.00$ Volumetric Calculations (VMA, VFA, DP, AV, Eff. Calcs) 74.00$ Moisture Content of Asphalt (CT 370 / AASHTO T329) 91.00$ Film Stripping 123.00$
Compaction/Preparation of HMA Briquette (CT 304) 305.00$ Stabilometer Value - Set of 3 (CT366) 386.00$
Lab Mixed TSR - Moisture Induced Damage (AASHTO T283 / CT 371) 2,040.00$ Calculated AC Maximum Density (CT 367) 138.00$
Thickness Determination of AC Cores 29.00$
CONCRETE & MASONRY
Compression Test Concrete - Per Cylinder (ASTM C39) 39.00$ Compression Test Concrete - Set of 4/5 (ASTM C39) 189.00$ Compression Test of Core (ASTM C42) 84.00$
Compressive Strength of Shotcrete Panel 441.00$
Compression Test Composite CMU Prism (1) 229.00$
Compression Test Grout (Set of 4) 167.00$
Compression Test Mortar (Set of 3) 152.00$
Flexural Test per Beam (ASTM C78 / CT 523) 124.00$
Linear Shrinkage - Set of 3 (ASTM C157) 551.00$
Unit Weight Lt Wt Concrete (ASTM C567) 78.00$
Splitting Tensile Strength of Concrete (ASTM C496) 166.00$ Compressive Strength CMU Block (ASTM C140) 265.00$
Comp. Strength, SG, & Abs. of CMU - Per Block (ASTM C140) 305.00$
MATERIALS LABORATORY TEST RATES (CONTINUED)
ATTACHMENT B
ITEM 6
BSK Rate Schedule (valid through 12/31/2026)
CONCRETE & MASONRY (CONTINUED)
Masonry Linear Shrinkage (ASTM C426) 559.00$
Masonry Core Shear Test (Title 24) 260.00$
METALS & FIREPROOFING
Tensile & Bend of Rebar #3-11 205.00$
Slip and Tensile Rebar Couplers (CT 670) 298.00$
Bolt Proof & Ultimate Load 355.00$
Bolt Hardness - Set of 3 236.00$
Nut Proof Load - Set of 3 355.00$
Nut Hardness - Set of 3 236.00$
Washer Hardness - Set of 3 236.00$
Dry Density Fireproofing (ASTM E605) 131.00$
Brinell Hardness of Steel (ASTM E10) 138.00$
Rockwell Hardness of Steel (ASTM E18) 138.00$
Face Bend of Steel Coupon 84.00$
Root Bend of Weld Coupon 84.00$
Side Bend of Weld Coupon 84.00$
Tensile Test of Steel Coupon 116.00$
Bend Test of Steel Coupon 100.00$
Adhesion / Cohesion Fireproofing Materials 175.00$
ESCALATION: The ra tes presented herein are subject to an annual escalation rate of 3% after 12/31/2026.
MATERIALS LABORATORY TEST RATES (CONTINUED)
ATTACHMENT B
ITEM 6
ITEM 6
ATTACHMENT C
PROJECT AGREEMENT No. 3
TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
FOR CAPITAL PROJECTS
Providing: Construction Observation and Material Testing Services described in Exhibit A
Professional Consultant Services for
City of Ceres Engineering Department
Project — Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement (2524)
This Project Agreement is made by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and BSK Associates , a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.
RECITALS
A. Following a Request for Qualifications ( “RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Capital Projects (“Master Agreement”) on July 14, 2025.
B. City seeks to hire an independent contractor to perform Constructio n Observation and Materials Testing services to assist the City with the Parkside Estates, Woodacres, and 6th Street Water Main and Service Replacement (the "Project").
C. Consultant has made a proposal to the City to provide such professional engineering services for the Cite. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). The city desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement , the Master Agreement, and the Amendment.
D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.
E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under this Agreement (“ Compensation Schedule ”), which shall be included in the Scope of Services in Exhibit A.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
ITEM 6
PROJECT AGREEMENT NO. 3
BETWEEN CITY OF CERES AND
BSK ASSOCIATES
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.
Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A.
Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.
Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.
Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“ Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Compensation Schedule. City’s total compensation to Consultant shall not exceed ($36,777.00) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.
Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.
Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
ITEM 6
PROJECT AGREEMENT NO. 3
BETWEEN CITY OF CERES AND
BSK ASSOCIATES
Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profi ts or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.
Exhibit Designation Exhibit Title
Exhibit A: Scope of Services
Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
ITEM 6
PROJECT AGREEMENT NO. 3
BETWEEN CITY OF CERES AND
BSK ASSOCIATES
With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5775
[email protected]
and White Brenner LLP
1414 K Street, 3rd Floor
Sacramento, California 95814
Attention: Nubia I. Goldstein, Esq.
Tel: (916) 468-0950
[email protected]
If to Consultant: BSK ASSOCIATES
252 W. Larch Road, Suite H
Tracy, California, 95304
Attention: Carrie Rodriguez, P.E, GE.
Tel: (925) 872-5355
[email protected]
Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.
Section 14. General Provisions
14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by ITEM 6
PROJECT AGREEMENT NO. 3
BETWEEN CITY OF CERES AND
BSK ASSOCIATES
entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
14.4 Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement.
Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be inva lid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall con tinue in full force and effect and shall be construed to give effect to the intent of this Agreement.
14.5. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
13.6. Entire Agreement . This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
14.7. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations , whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
14.8. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
14.9. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
14.10. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
14.11. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 24 of this Agreement , including action for declaratory relief, is brought to enforce or ITEM 6
PROJECT AGREEMENT NO. 3
BETWEEN CITY OF CERES AND
BSK ASSOCIATES
interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
14.12. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
14.13. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[SIGNATURES ON FOLLOWING PAGE.]
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PROJECT AGREEMENT NO. 3
BETWEEN CITY OF CERES AND
BSK ASSOCIATES
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
Dated: ______________________, 2025
Dated: ______________________, 2025
CITY OF CERES, a municipal corporation
By_______________________________
Signature
Douglas D. Dunford, City Manager
Name and Title
CONSULTANT
By_______________________________
Signature
Carrie Rodriguez, Group Manager
Name and Title
APPROVED AS TO FORM
__________________________________
Nubia I. Goldstein, City Attorney
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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: October 27, 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. 202 5-XXX, Approving a Memorandum of
Understanding Between the County of Stanislaus and the City of Ceres Regarding the Stanislaus County Replacement Benefits Plan, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Memorandum of Understanding
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt the Resolution, authorizing the City of Ceres to participate in the Stanislaus County Replacement Benefits Plan.
I. BACKGROUND:
Internal Revenue Code Section 415(b) places a cap on the annual retirement benefits that can be paid from a tax-qualified retirement plan such as the Stanislaus County Employee’s Retirement Association (StanCERA) . When a retiree’s benefit exceeds this limit, the excess amount may be provided through a separate Replacement Benefit Plan (RBP), which must be funded by the employer, not the retirement system.
To address this need, the Stanislaus County Board of Supervisors adopted an RBP on September 3, 2003, allowing local agencies and special districts to participate. Under this plan, the County administers the benefit and invoices participating agencies for the portion of retirement benefit exceeding the federal cap.
On September 15, 2025, the City was notified that a City retiree is projected to exceed the 415(b) cap in November 2025. An invoice in the amount of $21,970.36 was issued for Fiscal Year 2025- 2026. Initially, the retiree was not properly identified as a former City employee when the analysis was first conducted, resulting in a delay. This issue has since been resolved.
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The likelihood of retirees exceeding the 415(b) limit has increased due to two key factors:
1. Tier 5 members may retire at an earlier age, age 50 for safety members and age 55 for general members. In Contrast, employees under PEPRA (Public Employee’s Pension Reform Act) must wait until age 57 (safety) or 62 (general) to retire.
2. Higher salaries, combined with earlier retirement ages, increase the chance of exceeding the 415(b) limit. Under IRS rules, the cap is lower for earlier retirees, so top earners retiring earlier are more likely to trigger the benefit cap.
Although this situation was rare in the past, it could become increasingly relevant and may affect more retirees in the future. Proactively participating in the Replacement Benefit Plan ensures the City is prepared to meet these obligations and maintain fairness in retirement benefits.
II. REASONS FOR RECOMMENDATION:
Federal Law prohibits StanCERA from using its assets to fund or administer replacement benefits. The City is responsible for covering any benefit amounts exceeding the 415(b) limit, using general fund resources.
The City received an invoice in the amount of $ 21,970.36 for Fiscal Year 2025- 2026.
Participation must be authorized by the City Council to process the payment and ensure the retiree receives their full earned benefit.
Therefore, staff respectfully recommend that the City Council authorize participation in the Stanislaus County Replacement Benefit Plan , in order to ensure the retiree receives the full retirement benefit they have earned under StanCERA’s benefit provisions.
Approving participation in the RBP supports the City’s long- term commitment to its employees and retirees by ensuring that full retirement benefits earned under StanCERA are honored.
III. FISCAL IMPACTS:
The total fiscal impact of the retirement replacement benefit for Fiscal Year 2025- 2026 is $21,970.36. This amount will be funded from the City’s General Fund.
Going forward, the replacement benefit will be budgeted annually upon receipt of an invoice from Stanislaus County. Approval of this recommendation will require a budget amendment in the amount of $21,970.36 for the current fiscal year, as outlined in the attached budget amendment.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
The City of Ceres does not currently have a policy in place authorizing participation in a Replacement Benefit Plan to address retirement benefit limitations under Section 415(b) of the Internal Revenue Code. Historically, this has not been a concern due t o fewer employees reaching the IRS cap. However, with enhanced retirement benefits and earlier ITEM 7
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retirement eligibility for Tier 5 members, the likelihood of retirees exceeding the 415(b) limit has increased.
Participation in the Replacement Benefit Plan supports the City’s Strategic Plan goals related to Organizational Sustainability and Fiscal Responsibility by ensuring that the City fulfills its long -term obligations to employees in a compliant and financially manageable way. This approach also promotes fairness, transparency, and competitiveness in employee compensation and benefits, which aligns with the City's objectives for attracting and retaining a high-quality workforce.
V. POLICY ALTERNATIVES:
Authorize the City of Ceres to participate in the Stanislaus County Replacement Benefit Plan, which allows the City to provide retirees with the portion of their earned retirement benefits that exceed the IRS 415(b) limit, once StanCERA has reached the annual cap.
Approval would ensure retirees receive the full benefit earned under StanCERA’s formula, promotes fairness and equity in employee retirement outcomes, and demonstrates the City’s long-term commitment to employees and retirees.
Decline to participate in the Replacement Benefit Plan. Retirees whose benefits exceed the Section 415(b) limit would not receive the portion of their benefits above the IRS cap.
This approach would have no immediate fiscal impact or administrative action required.
Retirees would receive less than their fully earned benefit despite full employee and employer contributions, which could lead to employee dissatisfaction and negatively impact recruitment and retention, and may expose the City to legal challenges from impacted retirees.
VI. INTERDEPARTMENTAL COORDINATION:
Staff coordinated with the impacted department to ensure awareness of the upcoming retirement replacement benefit and to allow for appropriate budgeting within their department for the current and future fiscal years. This collaboration ensures the necessary funds are allocated and aligns with overall fiscal planning efforts.
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Finance will process the budget amendment, and the Memorandum of Understanding shall be executed by the City Manager and submitted to Stanislaus County.
Approved by: _______________________
Douglas D. Dunford,
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City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Memorandum of Understanding
3. Attachment C – Budget Amendment
4. Attachment D – Invoice
5. Attachment E – Benefit Replacement Plan
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ATTACHMENT A
RESOLUTION NO. 2025-XXX
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF STANISLAUS AND THE CITY OF CERES
REGARDING THE STANISLAUS COUNTY REPLACEMENT BENEFITS
PLAN, APPROVING A BUDGET AMENDMENT, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF
UNDERSTANDING
THE CITY COUNCIL
City of Ceres
WHEREAS, the Stanislaus County Employee’s Retirement Association (StanCERA) provides retirement benefits to employees of the City of Ceres; and
WHEREAS, the benefit amount that can be provided to StanCERA members is limited by Section 415(b) of the Internal Revenue Code (Code); and
WHEREAS, it is the City’s responsibility under California vested rights rules to ensure that all retirement benefits that are earned by City employees are in fact paid; and
WHEREAS, the Code also provides that a City can establish a replacement benefits plan to pay the full benefits earned by StanCERA members whose benefits cannot be paid by StanCERA under Section 415(b); and
WHEREAS, such a replacement benefits plan is used by many other entities, in both the private and public sector, to replace benefits limited by section 415(b): and
WHEREAS, it is contemplated by the County Employees Retirement Law (CERL) that each affected City will take action to replace the benefits that are limited by Section 415(b); and
WHEREAS, the most efficient way for the City to operate a replacement benefits plan is to enter into a memorandum of understanding with StanCERA setting out the responsibilities of the City and StanCERA with respect to such a plan; and
WHEREAS, the City also participates in StanCERA and the most efficient way for the City to provide replacement benefits is to participate in the replacement benefits plan that is established by the County, sharing the cost thereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a Memorandum of Understanding between the County of Stanislaus and the City of Ceres r egarding the Stanislaus County Replacement Benefits Plan , approves a budget amendment, and authoriz es the City Manager to execute the memorandum of understanding.
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ATTACHMENT A
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
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ATTACHMENT B
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF STANISLAUS AND THE CITY OF CERES
REGARDING THE STANISLAUS COUNTY REPLACEMENT BENEFITS PLAN
This Memorandum of Understanding ("MOU") is entered into by and between Stanislaus County ("County") and City of Ceres ("District") to be effective beginning on November 1, 2025
WHEREAS, retirement benefits are provided to County and City of Ceres ("District") employees by the Stanislaus County Employees' Retirement Association ("StanCERA"), and
WHEREAS, the amount of benefits that can be provided to StanCERA members is limited by Section 415(b) of the Internal Revenue Code ("Code"), and
WHEREAS, the Code also explicitly provides that an employer can establish a replacement benefits plan for StanCERA members whose benefits are limited by Section 415(b) in order to replace the retirement benefits that cannot be paid by StanCERA, and
WHEREAS, such a replacement benefits plan is used by many other entities, in both the private and public sector, to replace benefits limited by section 415(b), and
WHEREAS, it is contemplated by the County Employees Retirement Law ("CERL") that each affected County will take action to replace the benefits that are limited by Section 415(b), and
WHEREAS, StanCERA's actuary has advised StanCERA that there should be no net increase in the total cost of retirement benefits to the County or any District of providing such a replacement benefits plan, and
WHEREAS, it would be to the benefit of the District to ensure that all of its employees receive the entire retirement benefit which they would earn under StanCERA but for the limits of the Code, and
WHEREAS, the most efficient way for the District to provide replacement benefits is to participate in a replacement benefits plan that is established by the County, sharing the cost thereof, and
WHEREAS, it is appropriate for the County and the District to enter into a memorandum of understanding with the County setting out the responsibilities of the County and the District with respect to such a plan, and
WHEREAS, the County has provided to the District the County's Replacement Benefits Plan, and the memorandum of understanding between the County and StanCERA a copy of each which is attached hereto.
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ATTACHMENT B
THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE COUNTY OF STANISLAUS ("COUNTY") AND CITY OF CERES ("District") AS FOLLOWS:
1. District Is Bound By The Terms And Conditions Of The Plan
(a) This memorandum of understanding ("MOU") is entered into by the County and District in order to facilitate the efficient operation by the County of a replacement benefits plan ("Plan") that will provide benefits to retired StanCERA members who were employees of the District and whose benefits are limited by Section 415(b) of the Internal Revenue Code ("Code").
(b) The District agrees to participate in and sponsor the Plan and to be bound by all of the terms and conditions of the Plan, without limitation.
2. Payment of Replacement Benefits
(a) In accordance with the Plan, the County shall pay to affected retired members of StanCERA, and to their surviving beneficiaries (if any), who were employees of the District the difference between the benefits that would be payable from StanCERA without regard to the limits of Section 415(b) of the Code and the benefits that can be paid by StanCERA without violating Section 415(b). These benefits are called "replacement benefits".
(b) The County shall pay replacement benefits from its general assets. No assets of StanCERA shall be used to pay replacement benefits and no assets of StanCERA shall be used to pay the cost of administration or any other costs regarding the operation of the Plan.
(c) No benefits shall be owed or paid under this Plan to any former District employee or to any person who may claim benefits with respect to benefits earned by such an employee unless and until the District has paid to the County the amount that the County has invoiced the District as provided in Section 3 below.
(d) All payments made by the County under the Plan for or on behalf of retired employees of the District shall be made in the capacity of agent for the District.
3. Payments By The District To The County
(a) As soon as practicable after StanCERA provides the County with necessary and appropriate information, for any year, concerning the amount and timing of replacement benefits payable to former employees of the District under the Plan, the County shall invoice the District for the amount of replacement benefits payable by the County as agent of the District for that year.
At the same time, the County shall invoice the District for its proportionate share of the County's cost of administering the Plan and taxes (if any) that may be due on the payment of replacement benefits. (The proportionate share ITEM 7
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ATTACHMENT B
of administrative costs shall be determined on the basis of the number of people receiving benefits under the Plan during the year.)
(b) To the extent that the amount of replacement benefits payable by the County as agent of the District increases during any year, the County shall invoice the District for such additional amounts as soon as practicable after receiving the necessary information from StanCERA with respect to the affected individuals, amounts and timing of payment of such replacement benefits.
(c) To the extent that the amount of replacement benefits payable by the County as agent of the District is less during any year than has been paid by the District to the County, the County shall retain any excess for replacement benefit payments and costs during the following year.
(d) The amount of any invoice from the County shall be paid by the District to the County no later than thirty (30) days after the date of the invoice.
(e) The District shall immediately pay to the County any amounts that the County invoices the District for taxes (above the amounts set out in paragraph (a) hereof) due with respect to the payment of benefits under the Plan.
(f) The County shall hold all amounts received from the District as part of its general assets. The District shall not have any property interest, preferred claims, liens or any other beneficial interest whatsoever in any assets of the County, and shall have only general creditor status with respect to the County.
Further, no retired member nor any other person who may be entitled to benefits under the Plan shall have any property interest, preferred claims, liens or any other beneficial interest whatsoever in any assets of the County or District, and shall have only general creditor status with respect to the County and District.
4. District Contributions to StanCERA
The County and StanCERA have entered into a memorandum of understanding with respect to certain operational aspects of the Plan. (A copy of that memorandum is attached hereto.) Under that memorandum, and to take account of the payment of replacement benefits, StanCERA may adjust the contributions of the District to StanCERA in accordance with the recommendations of StanCERA's actuary. The District explicitly acknowledges that the County has no responsibility whatsoever with respect to any such adjustment, and that it is the responsibility of the District to agree with StanCERA on the amount of any such adjustment.
5. Information
(a) The District shall provide the County with all necessary or appropriate information requested by the County and related to the operation of the Plan.
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ATTACHMENT B
(b) The County, as Plan Administrator, shall provide information to all persons receiving benefits under the Plan with respect to the general operation of the Plan and the amount and timing of benefits payable thereunder.
(c) The County shall provide the District, annually, with a report on the amounts paid under the Plan to retired members of StanCERA who were employees of the District and to their surviving beneficiaries (if any).
6. Taxes
The District designates the County, as Plan Administrator, as the agent of the District for purposes of paying taxes and filing such forms and returns as are required by the Internal Revenue Service and any other tax agency. The District will execute and file such forms and other documents as are deemed necessary or appropriate by the Plan Administrator in connection with this designation.
7. Plan Administration
The District acknowledges that the County is the Plan Administrator and that it has the sole authority and discretion to determine the benefits due under the Plan and to interpret the Plan provisions. To the maximum extent allowed by law, the Plan Administrator's interpretations, determinations, rules, and calculations shall be conclusive, final and binding on the District, all Participants and Eligible Survivors and any and all other persons claiming any rights under the Plan.
8. Withdrawal
(a) The voluntary or involuntary withdrawal of the District from the Plan shall be governed by the terms and conditions in the Plan.
(b) In the case of an involuntary withdrawal from the Plan by the District as provided for in the Plan, the District shall pay to the County a withdrawal fee of fee equal to the total direct and indirect cost to the County resulting from such cessation, as determined by the County in its sole discretion.
(c) In addition to the voluntary and mandatory withdrawal provisions in the Plan, the County may, at any time and for its convenience, terminate this memorandum of understanding with District. Termination shall be on written notice given by the County to District no less than thirty (30) days before the date of termination stated in the notice. Termination of this memorandum of understanding in accordance with this section 8(c) shall be deemed to be a valid and effective voluntary withdrawal of District from the Plan governed by section
5.3 of the Plan and shall also be subject to all of the effects and consequences of a voluntary withdrawal by the District as provided in the Plan.
9. Indemnification and Security
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ATTACHMENT B
(a) The District will indemnify and hold harmless the County and all other Districts that participate in and sponsor the Plan from and against any and all direct or indirect liabilities, demands, claims, losses, costs and expenses including (without limitation) reasonable attorney’s fees, arising out of (directly or indirectly) or resulting from the District's participation in the Plan, withdrawal from the Plan and claims made by or with respect to any former employee of District or any person claiming benefits as a survivor of any such employee.
(b) At the sole discretion of the County, the District will provide security, that the County deems sufficient, to provide for the payment of any and all direct or indirect liabilities, demands, claims, losses, costs and expenses including (without limitation) reasonable attorney’s fees, that may be suffered by the County and all other Districts that participate in this arising out of (directly or indirectly) or resulting from the District's withdrawal from this Plan.
10. Miscellaneous
(a) Integration.
This Memorandum of Understanding and the documents referenced herein constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral.
(b) Amendment
This Memorandum of Understanding may only be amended pursuant to a written agreement executed by both parties hereto.
IN WITNESS WHEREOF, THIS MEMORANDUM OF UNDERSTANDING HAS BEEN ENTERED INTO AS OF THE DAY OF ,2025.
COUNTY OF STANISLAUS
By _
Its
CITY OF CERES
By
Its _
, 2025 , 2025
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Budget Amendment No.
Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:
Appropriations:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ATTACHMENT C
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STANISLAUS
COUNTY
INVOICE
5389
Please include Invoice
Number(s) with payments.
Bill To:
CITY OF CERES - FINANCE
2220 MAGNOLIA ST
Ceres, CA 95307
Billing Date 09/23/2025
Customer Number 1262
Customer Site Ceres
Terms Due Date Contact Name Contact Phone
Due Upon Receipt 09/23/2025
Item No. Description Date of
Service Quantity Unit Price Extended Amount
1 415(b) Payment 1 $ 21,738.92 $ 21,738.92
2 Initial Setup Fee 1 $ 179.00 $ 179.00
3 Annual Administration Fee 1 $ 52.44 $ 52.44
Special Instructions : Total $ 21,970.36
Payments $ 0.00
Credits/Adjustments $ 0.00
Late Fees $ 0.00
Outstanding Balance as of
09/23/2025
$ 21,970.36
Late Charges of 10% may apply if payment in full not
received 30 days from date of invoice.
Remit To:
Stanislaus County Auditor/Controller
PO Box 770
Modesto, CA 95353
ATTACHMENT D
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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: October 27, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Redevelopment/Economic Development Manager [email protected], (209) 538-5773
SUBJECT: Redevelopment & Economic Development Quarterly Report – July, August and September 2025 (Information Only)
RECOMMENDED COUNCIL ACTION:
Information Only
I. Overview Summary:
The Economic Development Department has increased its business engagement and retention efforts in the community, with a focus on recruitment efforts for vacant buildings in the Downtown area and for vacant lots in the surrounding area. Staff met with several developers and property owners to discuss the development potential of their buildings and lots. Staff attended several meetings with local organizations and volunteered/collaborated with them for their organization’s events.
Focus on Recruitment and Retention: Staff is actively engaging businesses and property owners to enhance the local economy. The focus is on recruiting businesses to fill vacant buildings and lots, ensuring these spaces contribute to the community’s growth and development.
Developer and Property Owner Engagement : Staff are meeting with developers and property owners to assess the potential of site for future projects. These discussions involve exploring opportunities for revitalizing vacant spaces and/or repurposing existing structures for new uses.
Collaboration with Local Organizations: Staff is working closely with local organizations, attending meetings and partnering with various organization to plan of events. This collaboration helps build stronger community ties and fosters an environment that supports local businesses.
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II. Business Retention and Outreach:
During this reporting period, staff engaged with eighteen (15) current businesses. In total 59 new business licenses were issued for the city, covering a variety of services including contractors, salons, repair shops, body shops, medical offices, residential lawn maintenance, cleaning services, catering, restaurants, mobile food trucks, and coffee shops, among others.
Staff also reached out to 14 new businesses, which included “Welcome to Ceres” emails, phone calls, and/or visits.
• La Onda Events
• Jets Electrical Installation
• New Gen Dental Lab
• Meineke Car Care
• PH Cleaning Services
• Georges Window Tint
• J&S Powers Plumbing
• Lucias Day Care
• BK Bookstore
• Clean Office Squad
• Cervantes Studios
• United Cleaning Solutions
• R&R Autobody Mechanical
• Alert Insurance
Although we continue to have many small businesses open in our city, we continue to lose a few. From January 1, 2025, to September 30, 2025, we have had 20 businesses close or relocate.
• 9 Contract Services
• 5 Retail Business
• 6 Professional Services
III. Business Attraction Efforts:
Sent emails and conducted cold calls to retailers/brokers and developers that may be interested in establishing a business in Ceres.
IV. Developer Meetings
Met with multiple developers and commercial brokers to discuss commercial development and residential development opportunities within the city of Ceres.
Currently have a few pending developments in the pipeline.
V. Local/Regional Economic Development Events/Workshops/Activities:
Attended the following Community Meetings
• Lunch and Learn Marketing Strategies
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• EAC Employer meeting with Workforce / EDD
• Stanislaus Latino Chamber of Commerce Advisory Meeting • City of Ceres Chamber of Commerce monthly meeting
• Attended the Economic Development Certificate Program in Fresno • Community Meeting re: CAPER
• Stanislaus Equity Partners
Grand Opening/Ribbon Cuttings
• Fabiolous Auto Body and Repair
• BK Bookstore
• Corazon Azteca
• Wood Springs Suites
Community Engagements:
• 76 community contacts regarding
o Business License
o Land use
o Zoning questions
o Potential new business
• Coffee and Conversation
o Delorenzi Cellar
• Family Fun Night
o South Modesto community event
• Coffee with a cop
o Drip coffee shop downtown Ceres
• Community Engagement for Small Businesses and Non-Profits o Community Center
• Ceres Unified School District Community Meeting
• Ice Cream Social sponsored by Ceres Chamber
o Cold Stone Creamery
VI. Future Development:
City of Ceres anticipates the development of several sites • Whitmore/Morgan
o Car Wash
o Dutch Bros
• Hatch/Mitchell
o Developer is working on Traffic study and Tenant improvements • Roeding/Mitchell
o Coffee shop
o Car Wash
o Fuel Station
• Hatch/Herndon
o Fuel Station
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VII. Downtown Redevelopment:
A community discussion with downtown business regarding capital improvement project and potential incentives for downtown businesses. Community members suggested looking at potential outdoor seating and more ambience setting. • September Thursday Night, Night Market
• Anticipating a few more businesses to join the downtown area VIII. Miscellaneous:
Staff will continue to post relevant stories of local economic development activities on the City’s Economic Development Facebook page, adding content in support of networking and training opportunities sponsored by the City and other community partners.
This Summary reflects the department’s ongoing commitment to fostering a vibrant local economy through proactive engagement and collaboration.
IX. Pictures of Community Events:
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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: October 27, 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 the Construction Contract for the Hatch Road 18” Water Transmission Main Phase 3 Project (New Project String ) to Rolfe Construction, Inc. in the Amount of $1,449,612.00, Approving a 10% Contingency in the A mount of $144,961.00, Approving 10% Construction Support Funds in the Amount of $144,961.00, Totaling $1,739,534.00, Authorizing a New Project String, Authorizing a Budget Transfer, and Authorizing the City Manager to Execute the Contract
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council to approve the construction contract for the Hatch Road 18” Water Transmission Main Phase 3 Project (New Project String) to Rolfe Construction, Inc. in the amount of $1,449,961.00 , approving a 10% contingency of $ 144,961.00, approving 10% construction support funds in the amount $144,961.00, authorize a new project string, authorize a budget transfer, and authorize the City Manager to execute the contract.
I. BACKGROUND:
The work to be performed includes, but is not limited to, installation of an 18” water transmission main , valves, and hydrants on Hatch Road starting from east of Central Avenue to Richland 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. REASONS FOR RECOMMENDATION:
The City received five (5) bids on August 28th, 2025. After staff reviewed the bids, Rolfe Construction was the lowest responsive bidder at $1,449,612.00. A 10% contingency of ITEM 9
$144,961.00 and 10% for construction support funds of $144,961.00 brings the total contract cost to $1,739,534.00. The bid results are as follows:
• Mozingo Construction, Inc. – $1,520,200.00
• United Pavement Maintenance - $1,665,846.00
• ARB, Inc. - $1,833,000.00
• DA Wood Construction, Inc. - $1,762,100.00
• Rolfe Construction, Inc. - $1,449,612.00
III. FISCAL IMPACTS:
This project is included in the City’s 5- Year Capital Improvement Program. Funding is available in the following project accounts:
• 52795.800500 (New Project String) – $1,739,534.00
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 (2525) – $1,739,534.00 This project will not use General Fund resources.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the first goal of the Strategic Plan:
Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.
V. POLICY ALTERNATIVES:
The City Council may consider the following alternatives:
1. Reject all bids and direct staff to re-advertise the project. 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 in to the CIP.
Additionally, this option would keep the status quo with regards to pressure in the water system and place additional strain on the groundwater basin due to the need for additional groundwater well use
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.
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VII. PUBLIC PARTICIPATION:
The City and Contractor will provide advance public notification through door -to-door notices and posted signage alerting residents and motorists of upcoming construction activities in the project area.
VIII. ENVIRONMENTAL REVIEW:
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301, Class 1 (b), (c), and (d) for maintenance and restoration of existing facilities.
IX. STEPS FOLLOWING APPROVAL:
Upon Council approval, staff will:
1. Execute the construction contract with Rolfe Construction, Inc.
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 Form
3. Attachment C – Rolfe Construction Contract
ITEM 9
ITEM 9
ATTACHMENT A
RESOLUTION NO. 2025-XXX
APPROVING THE CONSTRUCTION CONTRACT FOR THE HATCH
ROAD 18” WATER TRANSMISSION MAIN PHASE 3 PROJECT (NEW
PROJECT STRING) TO ROLFE CONSTRUCTION, INC. IN THE
AMOUNT OF $1,449,612.00, APPROVING A 10% CONTINGENCY IN THE AMOUNT OF $144,961.00, APPROVING 10% CONSTRUCTION
SUPPORT FUNDS IN THE AMOUNT OF $144,961.00, TOTALING
$1,739,534.00, AUTHORIZING A NEW PROJECT STRING,
AUTHORIZING A BUDGET TRANSFER, 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 Rolfe Construction, Inc., in the amount of $1,449,612.00; and
WHEREAS, a construction contingency in the amount of 10% or $ 144,961.00 is necessary and appropriate to accommodate any unforeseen costs, And 10% for testing services and engineering administration and inspections bringing the total construction authorization to $1,739,534.00; and
WHEREAS, the Hatch Road 18” Water Transmission Main Phase 3 Project was included in the Capital Improvement Project List; and
WHEREAS, a new project string shall be created for the Hatch Road 18” Water Transmission Main Phase 3 Project; and
WHEREAS, construction funds are allocated and available in account number 52795.800500 (NEW) in the amount of $1,739,534.00; and
WHEREAS, a budget transfer from 52795.800500 ( 2525) in the amount of $1,739,534.00 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 the construction contract for the H atch Road 18” Water Transmission Main Phase 3 Project (New Project String) to Rolfe Construction, Inc. in the amount of $1,449,612.00, approv es a 10% contingency in the amount of $144,961.00, approves 10% construction support funds in the amount of $144,961.00, all totaling $1,739,534.00, authorizes a new project string, authoriz es a budget transfer, and authorizes the City Manager to execute the contract.
ITEM 9
ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 9
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 9
ITEM 9
1 CITY OF CERES
CONSTRUCTION CONTRACT
HATCH ROAD 18” WATER TRANSMISSION LINE PHASE 3
PROJECT NO. 2525
1. PARTIES AND DATE.
Th
is Contract is made and entered into this 27th day of October, 2025 by and between the City of Ceres, a public agency and public corporation of the State of California (“City”) and Rolfe Construction, Inc., a corporation with its principal place of business at 3573 Southern Pacific Avenue, Atwater, California 95301 (“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 construction 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 3 Project (“Project”) as set forth in this Co
ntract.
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”)
ATTACHMENT C
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2 • Addenda
• Change Orders executed by the City
• Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.
The burden of proof as to the equality of any material, process or article shall rest with Contractor.
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 ITEM 9
3 substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 80 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 ITEM 9
4 Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One million, four hundred forty-nine thousand, six hundred twelve Dollars ($1,449,612.00) (“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 ITEM 9
5 documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem 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 ITEM 9
7 requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.
Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, 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 Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
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 ITEM 9
9 Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, an City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.
In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall 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 ITEM 9
10 violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract 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 ITEM 9
12 the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
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 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.
3.12 Indemnification.
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 ITEM 9
15 containing appropriate no-fault insurance provisions or other endorsements in accordance with Applicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self- Insurance reasonably satisfactory to the Owner.
(v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course-of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.
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.
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16 (c) Occupancy Owner may partially or fully occupy and/or use the Project before acceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non-Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non-contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbrella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations pages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (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 ITEM 9
17 commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s 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 ITEM 9
18 the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
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 ITEM 9
19 name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
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 ITEM 9
20 portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
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 ITEM 9
21 be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any 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:
C
ONTRACTOR:
Rolfe Construction, Inc.
3573 Southern Pacific Avenue
Atwater, California 95301
209-358-5548
Attn: Dennis Rolfe
ITEM 9
22 CITY:
City of Ceres
2220 Magnolia Street
Ceres, California 95307
Attn: City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries. There are no
intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Stanislaus, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation ITEM 9
23 of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.
[SIGNATURES ON NEXT PAGE]
ITEM 9
24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF CERES
AND ROLFE CONSTRUCTION, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 27th day of October, 2025.
CITY OF CERES ROLFE CONSTRUCTION, INC.
By: By:
Douglas D. Dunford
City Manager Its:
Printed Name:
ATTEST:
By:
Fallon Martin, City Clerk
ITEM 9
25 EXHIBIT “A”
SERVICES / SCHEDULE
ITEM 9
26 EXHIBIT “B”
PLANS AND SPECIFICATIONS
ITEM 9
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.
ITEM 9
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.
ITEM 9
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 ITEM 9
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.
ITEM 9
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.
ITEM 9
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.
ITEM 9
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:
ITEM 9
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
ITEM 9
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
ITEM 9
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
The QSP must meet the qualifications of the QSD or have the following certifications:
1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site
2. Certification described in the Permit
At the job site, the WPC Manager must:
1. Be responsible for WPC work
2. Be the primary contact for WPC work
3. Oversee the maintenance of WPC practices
4. Oversee and enforce hazardous waste management practices
5. Have the authority to mobilize crews to make immediate repairs to WPC practices
6. Ensure that all employees have current water pollution control training
7. Implement the approved SWPPP and amend the SWPPP when required
WPC Manager must oversee:
1. Inspections of WPC practices identified in the SWPPP
2. Inspections and reports for visual monitoring
3. Preparation and implementation of REAPs
4. Sampling and analysis
5. Preparation and submittal of:
5.1. NAL exceedance reports
5.2. NEL exceedance reports
5.3. SWPPP annual certification
5.4. Annual reports
5.5. BMP status reports
STORM 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 ITEM 9
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
The SWPPP must include WPC practices for:
1. Storm water and non-stormwater from areas outside of the job site related to project work activities such as:
1.1. Staging areas
1.2. Storage yards
1.3. Access roads
2. Activities or mobile operations related to contractor obtained NPDES permits
3. Construction support facilities
The SWPPP must include a copy of permits obtained by the Department such as Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse.
Amend the SWPPP annually and resubmit it by July 15th. Amend the SWPPP if:
1. Changes in work activities could affect the discharge of pollutants
2. WPC practices are added by change order work
3. WPC practices are added at your discretion
4. Changes in the amount of disturbed soil are substantial
5. Objectives for reducing or eliminating pollutants in storm water discharges have not been achieved
6. There is a Permit violation
Whenever you amend the SWPPP, follow the same process specified for SWPPP approval.
Retain a printed copy of the approved SWPPP at the job site.
SWPPP Schedule
ITEM 9
38 The SWPPP schedule must:
1. Describe when work activities will be performed that could cause the discharge of pollutants into storm water
2. Describe WPC practices associated with each construction phase
3. Identify soil stabilization and sediment control practices for disturbed soil areas
Construction Site Monitoring Program (CSMP)
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
Visual Monitoring
The WPC Manager must oversee the performance of visual inspections for qualifying rain events.
For each qualifying rain event, perform visual inspections and record observations during normal working hours as follows:
1. Record the time, date, and rain gauge reading
2. Observe:
2.1. Within 2 days before the storm:
2.1.1 Drainage areas for spills, leaks, or uncontrolled pollutants
2.1.2 Proper implementation of WPC practices
2.1.3 Storm water storage areas for leaks and adequate freeboard
2.2. Every 24 hours during the storm:
2.2.1 WPC practices for effective operation
2.2.2 WPC practices needing maintenance and repair
2.3. Within 2 days after the storm event:
2.3.1. Discharge locations
2.3.2. WPC practices to evaluate the design, implementation, and effectiveness
2.3.3. To identify where additional WPC practices may be needed.
ITEM 9
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 materials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants
3. Observe the job site for the presence of authorized and unauthorized non-stormwater discharges and their sources
The WPC Manager must prepare visual inspection reports that include the following:
1. Name of personnel performing the inspection, inspection date, and date inspection report completed
2. Storm and weather conditions
3. Locations and observations
4. Corrective actions taken
Maintain visual inspections reports at the job site as part of the SWPPP.
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
Whenever assigned field personnel take samples, comply with the equipment manufacturer's recommendation for collection, analysis methods, and equipment calibration.
ITEM 9
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
SAP for Non-Visible Pollutants
The SAP must include a description of the sampling and analysis strategy for monitoring non- visible pollutants.
The SAP must identify potential non-visible pollutants present at the job site associated with any of the following:
1. Construction materials and waste
2. Existing contamination due to historical site usage
3. Application of soil amendments, including soil stabilization materials, with the potential to change pH or contribute toxic pollutants to storm water
ITEM 9
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 watertight conditions
2. Materials or waste containing potential non-visible pollutants that are stored under watertight conditions, but a breach, leakage, malfunction, or spill is observed; the leak or spill has not been cleaned up before precipitation; and material or waste could discharge non-visible pollutants to surface waters or drainage system
3. Chemical applications, including fertilizer, pesticide, herbicide, methyl methacrylate concrete sealant, or non-pigmented curing compound used during precipitation or within 24 hours preceding precipitation, and could discharge pollutants to surface waters or drainage system
4. Applied soil amendments, including soil stabilization materials that could change pH levels or contribute toxic pollutants to storm water runoff and discharge pollutants to surface waters or drainage system, unless available independent test data indicates acceptable concentrations of non-visible pollutants in the soil amendment
5. Storm water runoff from an area contaminated by historical usage of the site that could discharge pollutants to surface waters or drainage systems
The SAP must provide sampling procedures and schedule for:
1. Sample collection during the first 2 hours of each rain event that generate runoff
2. Sample collection during normal working hours
3. Each non-visible pollutant source
4. Uncontaminated control sample
The SAP must identify locations for sampling downstream and control samples, and reasons for selecting those locations. Select control sample locations where the sample will not come in contact with materials, waste, or areas associated with potential non-visible pollutants or disturbed soil areas.
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
ITEM 9
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 building roads and structures
5.2. Plant Establishment including maintenance on vegetation installed for final stabilization 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
ITEM 9
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 inspection
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
You 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
ITEM 9
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.
ITEM 9
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 reports
3.2. Analytical methods, reporting units, detections limits for analytical parameters
3.3. Summary of corrective actions
3.4. Identification of corrective actions or compliance activities that were not implemented
3.5. Summary of violations
3.6. Names of individuals performing storm water inspections and sampling
3.7. Logistical information for inspections and sampling including location, date, time, and precipitation
3.8. Visual observations and sample collection records
4. Include documentation on training for:
ITEM 9
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 NAL 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
NEL 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
If 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.
ITEM 9
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:
ITEM 9
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:
ITEM 9
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
ITEM 9
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.
ITEM 9
51 EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
ITEM 9
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]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
ITEM 9
53 EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration 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 exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
ITEM 9
54 EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
ITEM 9
55 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to XXXXXXXXXXX, (hereinafter referred to as the “Contractor”) an agreement for XXXXXXXXXXXXX (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 XX/XX/XXXX, (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, XXXXXXXXXX, 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 XXXXXXXXXXXXX DOLLARS, ($XXX,XXX.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:
ITEM 9
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__).
ITEM 9
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.
ITEM 9
58 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) 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
ITEM 9
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 XXXXXXXX, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
XXXXXXXXXXXXXXX (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 XXXX XX, 20XX (“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 XXXXXXXXXX Dollars ($XXX,XXX.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 ITEM 9
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.
ITEM 9
61 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) 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
ITEM 9
62 APPENDIX
ITEM 9
63 CITY OF CERES STANDARD DESIGNS
THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
REFER 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
ITEM 9
64 STATE GENERAL PREVAILING WAGE RATES
General 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
ITEM 9
65 REGULATION VIII – FUGITIVE PM10 PROHIBITIONS
ITEM 9
66 ITEM 9
67 ITEM 9
68 ITEM 9
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 27, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected], (209) 538-5751
SUBJECT:
Resolution No. 2025- XXX, Approving a Retroactive Agreement with the Lew Edwards Group to Provide Planning, Communication and Engagement Services for Quality-of-Life Vision, Approving a Budget Amendment in the Amount of $115,500, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt the attached R esolution to approve a sole source agreement with the Lew Edwards Group (“LEG”), in the City’s standard P rofessional Services Agreement format, to provide planning, communication and engagement services in connection with the City’s strategic plan vision and a budget amendment of $115,500.
I. BACKGROUND:
The City Council has expressed its intent to assess community perspective on the current qualify of life in Ceres by identifying the priorities for improvement and explore potential strategies to achieve those goals.
The first step in achieving this City Council goal was to determine the attitudes , beliefs, and priorities of the community in a reliable and statistically sound survey. LEG serve d as Lead Consultant on this effort and has , as an initial step, facilitated the development of appropriate questions in consultation with FM3 Research, resulting in the production of the Summer 2025 Community Survey.
The City was interested in conducting an objective, statistically reliable survey of Ceres residents and voters to profile their needs, priorities, preferences, and satisfaction related to city services and infrastructure measure community interest in additional funding for city services and facilities and gather data on a variety of quality-of-life issues, and policy- related matters.
ITEM 10
Following the assessment of the City’s updated opinion research, LEG has developed an initial recommended engagement toolkit and Strategic Recommendations to inform the community and collect additional input as described in its proposal. LEG will assist the City in developing or adding value to selected copy for appropriate engagement and communications materials to provide informational messaging to the public, such as copy for links on the City website, assistance with rapid response needs, and focused Power Point Presentations for informational Speakers’ Bureau, Stakeholder, Key Influential and community presentations.
LEG conducted the initial community survey for the Qualify of Life project. The agreement for such work expired July 31, 2025. Staff is requesting Council approve an agreement, retroactively dated August 1, 2025, so LEG can continue working with City staff and the City Attorney to prepare draft materials for review and approval. This community outreach will need to continue to actively engage with the community and share useful information on different matters and deemed necessary.
Staff has reviewed the marketplace for reliable firms that can perform this service, and determined that the nature of the service, the reputation of the service provider and the quality of the work vary widely in the available firms. For this reason, staff is strongly recommending a sole source contract with LEG, rather than a lengthy and expensive request for proposals, which would result in various levels of cost but with no assurance of work quality or reliability. The Government Code and the City’s Municipal Code both permit sole source contracts for the performance of specialized professional services and staff believes that this is an instance when a sole source procedure is the preferred method. In addition, LEG has previously worked with the City of Ceres on various other successful projects.
Although LEG has previously performed such services for the City, their reputation in the state is extremely strong.
II. REASONS FOR RECOMMENDATION:
Staff believes the partnering with the LEG will benefit the City to fully understand the position of the citizens of the City of Ceres and what they see as the important needs and priorities of the City.
III. FISCAL IMPACTS:
The agreement with the Lew Edwards Group (LEG) has a monthly rate of $6,750 and will continue through November 2026. Staff is requesting a budget amendment in the amount of $115,500 for the current fiscal year. The remaining agreement costs will be incorporated into the fiscal year 2026/27 budget for Council’s consideration during the annual budget process. This budget amendment will ensure sufficient funds are available to support the continuation of planning, communication, and community engagement services as outlined in the contract.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
ITEM 10
V. POLICY ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
The City Manager worked with Finance, Human Resources, Engineering, Planning and police departments for coordination
VII. PUBLIC PARTICIPATION:
The City conducted a Summer 2025 Community Services Survey with the public.
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon the Council approving the contract and resolution, Staff will engage the LEG immediately per their scope of services
Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Professional Services Agreement
3. Attachment C – Budget Amendment
ITEM 10
ITEM 10
ATTACHMENT A
RESOLUTION NO. 2025-XXX
APPROVING A RETROACTIVE AGREEMENT WITH THE LEW EDWARDS
GROUP TO PROVIDE PLANNING, COMMUNICATION AND
ENGAGEMENT SERVICES FOR QUALITY-OF-LIFE VISION, APPROVING A BUDGET AMENDMENT IN THE AMOUNT OF $115,500, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City recently consulted with the Lew Edwards Group (LEG) to assess the communities perspective on the current quality-of-life in Ceres and identified priorities for improvement; and
WHEREAS, the agreement for such work expired July 31, 2025; and
WHEREAS, as a result of the assessment, the LEG has developed an engagement toolkit and strategic recommendations to inform the community , actively engage with the community, and collect additional input; and
WHEREAS, staff is requesting Council approve an agreement with LEG, retroactively dated to August 1, 2025, so LEG can continue working with City staff; and
WHEREAS , the Lew Edwards Group is qualified and experienced in overseeing appropriate surveys and preparing strategic plans to address the results of said surveys; and
WHEREAS, a budget amendment appropriating an additional $115,500 from General Fund Reserves to account 10065.029900 is necessary to fund the agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with the Lew Edwards Group to provide planning, communication and engagement services for quality -of-life vision, approving a budget amendment in the amount of $115,500, and authorizing the City Manager to execute the agreement.
BE IT FURTHER RESOLVED the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10
28859.00009\33887366.1
ATTACHMENT B
1 CITY OF CERES
AGREEMENT FOR PLANNING, COMMUNICATION AND ENGAGEMENT
SERVICES
1. PARTIES AND DATE.
This Agreement for Planning, Communication and Engagement Services (“Agreement”) is made and entered into this 1 st day of August 2025, by and between the City of Ceres ("City") and The Lew Edwards Group, a Corporation, with its principal place of business at 5454 Broadway, Oakland, California 94618 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain Planning, C ommunication and Engagement services required by City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Planning, Communication and Engagement services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the Community Survey and Vision project ("Project") as set forth in this Agreement.
3. T
ERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the date first specified above to November 30, 2026, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
ITEM 10
28859.00009\33887366.1
ATTACHMENT B
2 3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and 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 of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor 's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City . In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City , or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City . The key personnel for performance of this Agreement are as follows: Catherine Lew, Senior Strategist and Project Manager, Ivan Garcia.
3.2.5 City's Representative. City hereby designates Doug Dunford, City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.
ITEM 10
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ATTACHMENT B
3 3.2.6 Contractor's Representative. Contractor hereby designates Catherine Lew, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement. Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City 's staff, consultants and othe r staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees . Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services 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 Services, including a business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from City , any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein , and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions. . Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City , shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Servi ces or to work on the Project.
3.2.9 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 Project or the Services, 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 Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City , Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City , its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
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4 (a) Time for Compliance. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor , its agents, representatives, employees or subcontractors.
Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
(b) Types of Required Coverages. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.
(i) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as the latest version of the Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another.
(ii) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as the latest version of Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident
(iii) Workers' Compensation and Employer’s Liability :
Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(iv) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of Contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. Non- owned disposal site coverage shall be provided if handling, storing or generating hazardous materials or any material/substance otherwise regulated under environmental laws/regulations.
If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
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5 (c) Endorsements.
(i) The policy or policies of insurance required by Section
3.2.10(b) (i) Commercial General Liability and (ii) Automobile Liability Insurance and shall be endorsed to provide the following:
(1) Additional Insured: City , its officials, officers, employees and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Endorsements shall be issued on a combination of ISO CG 20 10 and CG 20 37 or exact equivalents. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Agreement.
(2) Primary Insurance and Non -Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City , its officials, officers, employees and agents shall not contribute with this primary insurance.
(3) Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
(4) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City except ten (10) days prior written notice shall be allowed for non- payment of premium.
(5) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City , its officials, officers, employees and agents.
(6) Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City , its officials, officers, employees and agents.
(7) Applicability: That the coverage provided therein shall apply to ITEM 10
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6 the obligations assumed by Contractor under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
(ii) The policy or policies of insurance required by Section
3.2.10(b)
(iii) Workers' Compensation shall be endorsed, as follows:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City , its officials, officers, employees and agents.
(2) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City except ten (10) days prior written notice shall be allowed for non- payment of premium.
(d) Deductible. Any deductible or self -insured retention must be approved in writing by City and shall protect the City , its officials, officers, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. (e) Evidence of Insurance . Contractor , concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by 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. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City . If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Failure to Maintain Coverage. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to City. City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.
In the event that Contractor 's operations are suspended for failure to maintain required insurance coverage, Contractor shall not be entitled to an extension of time for completion of the w ork because of production lost during suspension.
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7 (g) Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A -:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. (h) Insurance for Subcontractors . Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding City as an Additional Insured to the subcontractor's policies.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, 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: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Fifteen Thousand Five Hundred Dollars ($115,500.00) without written approval of City 's City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed during the invoicing period. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
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8 Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit "C" shall not be adjusted each year at the time of renewal in accordance with the Consumer Price Index, All Urban Consumers.
3.3.6 California Labor Code Requirements
(a) 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.
If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, 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 Agreement. 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 City , its elected 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. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). (b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors , as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor ITEM 10
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9 shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
(a) Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination , and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. (b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. (c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Lew Edwards Group
5454 Broadway
Oakland, CA 94618
Catherine Lew
City:
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: Doug Dunford, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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10 3.5.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorneys’ Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.5.5 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payme nt of all consequential damages, attorneys ’ fees and other related costs and expenses. Contractor shall defend, at Contractor 's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City , its officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, 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 City or its officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor . This Section 3.5.5 shall survive any expiration or termination of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.9 City's Right to Employ Other Contractors . City reserves the right to employ other Contractors in connection with this Project.
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11 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of City . Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City , during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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12 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employ ment because of race, religion, color, national origin, handicap, ancestry, sex or age. 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. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ 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 Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.22 Employment Adverse to City. Contractor shall notify City , and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative p roceeding against City during the term of this Agreement.
3.5.23 Conflict of Employment . Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.
3.5.24 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.
3.5.25 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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13 SIGNATURES ON FOLLOWING PAGE
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14 SIGNATURE PAGE FOR AGREEMENT
FOR PLANNING, COMMUNICATION AND ENGAGEMENT SERVICES
IN WITNESS WHEREOF , this Agreement was executed on the date first written above.
CITY OF CERES
Approved By:
Douglas D. Dunford
City Manager
Date
Attest:
City Clerk
Lew Edwards Group
Signature
Catherine Lew
Title
Date
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15 EXHIBIT "A"
SCOPE OF SERVICES
• Update the City on Best Practices
• Review archival files on past City of Ceres projects
• Conduct audit of City issues /media coverage in the public a rena • Facilitate and continuously update a coordinated strategy and timeline for Project • Facilitate design of tailored study/s by City’s designated public opinion research professional • Independently analyze survey results
• Provide Strategic Recommendations for community engagement • Draft Public Messaging/Engagement Platform
• Draft text copy for selected communications collaterals such as FAQs, web content, mailings, utility inserts, digital/online vehicles, and other materials (paid digital costs are not included within this Agreement; City to design, translate, print, and mail using its own vendors and budget outside of this Agreement)
• Conduct message training
• Work with City staff on methods to engage constituents, expand community awareness of policy, fiscal/service needs and solicit additional community input on City’s proposal/vision • Recommend to staff methods of engaging/informing constituents about Project in City communications vehicles, including newsletters, guest columns, website, digital/online • Provide recommendations for proposed city budget reports, presentations, or documents • Participate in selected City briefing and planning sessions related to budget adoption to maximize messaging
• Assist with rapid response needs from media or the community as necessary to correct misinformation or clarify confusing information (LEG does not function as a city spokesperson) • Advise City of viability and feasibility of any potential ballot measure and confer with City Attorney on measure components
• Work with City staff on related staff report and measure development
T
HE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT LEGAL SERVICES OR ADVICE ARE NOT WITHIN CONSULTANT’S SCOPE OF SERVICES . CONSULTANT’S SERVICES WILL BE PROVIDED EXCLUSIVELY VIA TELECONFERENCE OR VIDEOCONFERENCE —NO ON -SITE VISIT OR TRAVEL WILL BE REQUIRED BY THE CITY.
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16 EXHIBIT "B"
SCHEDULE OF SERVICES
Participate in selected City briefing and planning sessions related to budget adoption to maximize messaging
Assist with rapid response needs from media or the community as necessary to correct misinformation or clarify confusing information
Advise City of viability and feasibility of any potential measure and confer with City Attorney on measure components
Work with City staff on related staff report and measure development
Conduct public audit of City demographics, budget/policy, information, and media coverage
Review/provide added value to City Budget messaging, presentation/s, staff reports
Update project plan/build out Engagement Calendar for balance of 2025
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17 EXHIBIT "C"
COMPENSATION
Consultant’s professional rate is Six Thousand, Seven Hundred and Fifty Dollars ($6,750) per month due and payable on the last business day of each month for the term of this Agreement commencing August 1, 2025, and ending on November 30, 2026.
Professional fees do not include other project costs such as opinion research, graphic design, translation, printing, bulk postage, mail house processing fees, or digital media buys, which will be budgeted separately by the City throughout the project. Consultant will advise the City on the level of investment necessary following survey.
ITEM 10
ITEM 10
Budget Amendment No.
Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:
Appropriations:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ATTACHMENT C
ITEM 10
ITEM 10
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 27, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Douglas D. Dunford, City Manager
[email protected] (209) 538-5751
SUBJECT:
Resolution No. 202 5-XXX, Denying the Appeal of Planning Commission’s Approval of Site Plan Approval Application 25 -13 SP and Tentative Parcel Map Application 25- 14 TPM and Finding the Project Consistent with the West Landing Specific Plan Environmental Impact Report SCH #2008122087 for the
Warehouse 18 and 19 Project Located at 3807 Cr ows Landing Road in Ceres, CA (APN: 086-034-004)
RECOMMENDED COUNCIL ACTION:
S
taff recommends that the City Council deny the appeal of Planning Commission’s Approval of the Site Plan Approval Application (SP) 25-13 and Tentative Parcel Map Application (TPM) 25- 14 for the Warehouse 18 and 19 Project located at 3807 Crows Landing Road, Ceres, CA (APN:
086-034-004).
I. BACKGROUND:
A
fter conducting a public hearing at its regularly scheduled meeting on August 18, 2025, the City of Ceres Planning Commission voted 4-1-0 ( Johnson opposed) to approve Site Plan Approval Application (SP) 25-13 and Tentative Parcel Map Application (TPM) 25-14 for the Warehouse 18 and 19 Project. A timely appeal was filed by Karen Sibley and Charles R. Evins II (hereafter Appellant) on August 20, 202 5 with the Community Development Department pursuant to City of Ceres Municipal Code Section 18.34.101.
Staff recommends that the City Council review the project and deny the appeal, upholding the approved Site Plan Approval and Tentative Parcel Map.
II. REASONS FOR RECOMMENDATION:
C
eres Municipal Code Section 18.30.140 Appeal Hearing Procedures, Section B Decision, states that the City Council shall hear and decide on the subject of the appeal, giving full consideration to the specific findings of the officer or commission appealed from, and may affirm, reverse, or modify the action appealed as it deems just an d ITEM 11
equitable. Based on this code section, the City Council has the authority to reconsider the findings made by the Planning Commission and still choose to approve, deny, or modify the decision of the Planning Commission based on the information provided at the hearing and in the appeal letter.
T
he Appellant raised eight issues on appeal in an August 20, 2025 letter. Each issue is analyzed below, furthering the reasons why Council should deny the appeal and support the project as approved with the new CEQA exemption findings.
A. P
rior Concerns: The Appellant’s prior concerns are listed as:
a. Loss of privacy and dignity essential to funeral services b. Increased truck traffic on B Street and Crows Landing c. Dust, pesticide expose, and long-term health hazards. d. Elimination of aesthetics, sunlight, and views important to grieving families.
e. Inadequate notice (10 days) for full analysis and appraisal. f. Requirements under PC -68 that developer acquisition of impacted property be the first consideration if mitigation is not feasible.
R
esponse: California recognizes privacy interest in the context of real estate development, but this recognition is in no way an absolute shield from development.
There is no language in the State’s Constitution n or the City’s municipal code that would grant an individual the level of absolute privacy that could automatically stop a project from being approved and constructed. The courts consistently balance the notion of privacy as a constitutional right against property owners’ rights to develop their land. This is done through the application of zoning codes, setbacks, height limitations, and design standards. As noted in the Planning Commission staff report, the proposed project adheres to appropriate project setbacks , height limitations, and design elements that make development reasonable in this location. Further, this project is not directly adjacent to the Appellant’s project and is over 300 feet west of the Appellant’s property line. There are no windows on existing G3 warehouses, further limiting any views of the Appellant’s property. The proposed project ’s landscaping buffers will also set the building father back from the street, and limit views of the Appellants property . Other than stating that there is a loss of privacy, the Appellant has not provided any evidence that there are unreasonable intrusion s into their private space, and the mere existence of the building is not sufficient to establish loss of privacy. The Appellant’s claim to loss of dignity has not been established or defined. There is no enforceable property right to dignity in California.
I
t is also important to note that per a January 19, 2018 agreement between the former City of Ceres Community Development Director, Tom Westbrook, and the Appellant, there should be no funeral or memorial services on site. The Appellant is only authorized to operate a crematorium, administrative funeral service operations, and church office. There should generally be no concern for loss of privacy or dignity as funeral services and any associated activities should not be occurring on site at this time.
Th
e Appellant is correct that there will be an increase in trucks on B Street as there is no project and no B Street in existence now. Therefore, even one truck is considered an increase to the status quo as it exists today. However, the West Landing Specific ITEM 11
Plan anticipated and evaluated over 802,100 square feet of light industrial uses and associated traffic with those uses and determined that the plan and its impact have been adequately mitigated under CEQA. The Appellant has not shown how the applicant is exceeding the anticipated truck trips and impacts already identified and approved by City Council in the West Landing Specific Plan EIR.
A
statement of overriding consideration has already been made for the loss of farmland in the West Landing Specific Plan area as part of the certification of the West Landing Specific Plan EIR. At this point, a project cannot be denied due to this issue.
There is no constitutional right to absolute sunlight unless it is protected by an easement, covenant, or statutes. No such easement, covenant, or statue exists in this case. There is no inherent right to a view in California. The courts have repeatedly held that a property owner has no vested right to an unobstructed view across another person’s property. Again, the Appellant is only authorized to operate a crematorium, administrative funeral service operations, and church office. There should generally be no concern for loss of aesthetics, sunlight and view for grieving families as funeral services should not be occurring on site in the first place.
S
ection 17.05.110.J requires public notice to be 10 days in advance of a hearing for a Tentative Parcel Map and Section 65090 of the California Government Code requires that notice be given at least 10 days before a hearing. The City has adopted this Government Code section without modification making a ten day notice acceptable. This standard was adhered to for the Planning Commission hearing as well as the City Council hearing.
T
here is no requirement in the West Landing Specific Plan that requires a property owner to acquire another property if there is no feasible mitigation. It is unclear what the Appellant means by “no feasible mitigation” as no reference to a specific page or section of the West Landing Specific Plan has been made. If the Appellant is making this statement as it relates to CEQA, this is a statement that misinterprets CEQA law.
If there is a significant and unavoidable impact that cannot be mitigated, the municipality would either need to not certify the environmental document and not approve the project, or adopted findings and a statement of overriding consideration for that impact. In this case, the City adopted a statement of overriding considerations for impacts that could not be mitigated and adopt ed the West Landing Specific Plan.
Let it b e noted that the statement of overriding consideration did not include the requirement to purchase neighboring property to mitigate an impact.
B. I
ssue 1: Driveway and Fire Lane Reconfiguration: The current fire access lane approved by the City will be eliminated by this project. As a result, the fire lane must be moved to the north side of our property requiring: Construction of a new driveway on the north side; relocation of handicap parking in front of our chapel; to accommodate procession and emergency access, we require: two driveway entrances with rolling gates on B Street, one pedestrian sidewalk and single gate to access the main office, ADA -compliant sidewalks and marked crosswalks.
R
esponse: The claim that the existing fire lane will be eliminated is not correct . The Tentative Parcel Map is not conditioned to construct Street B, only to dedicate property for Street B and the Street B signal for future construction. As such, without the ITEM 11
condition to actually construct Street B and the signal, there is no trigger to remove the current fire lane driveway and it will remain open. When additional development occurs, Street B will need to be constructed and the signal will need to go in to be in conformance to the Master Plan, which is one of the Appellant’s main arguments. No improvements proposed for the Warehouse project impact the Appellant’s access to their property.
F
urther, the City has already committed to providing a new northern driveway to the Appellant’s property with the Crows Landing Improvement project that is currently underway. The City’s project also includes sidewalks on Crow’s Landing. Any improvements on the Appellant’s Street B frontage is the obligation of the Appellant should they choose to obtain the necessary building permits for any future expansion of the operations of their site.
C. I
ssue 2: New Chapel Requirement: Due to the driveway closure on the south end of our property, we are now forced to proceed with construction of a 5,000 square-foot chapel, previously approved by former City Planner Tom Westbrook, in order to properly accommodate our customers during COVID using CDC guidelines.
R
esponse: As noted above, Street B will not be constructed and therefore the driveway will not be closed at this time. Should the Appellant wish to construct their 5,000-sf chapel, they will be required to make any necessary frontage improvements on the newly dedicated Street B. While Mr. Westbrook approved the new building at the planning level in the January 19, 2018 agreement, his approval did not exempt the Appellant from installing frontage improvements at the discretion of the City Engineer.
With the dedication of Street B with this Tentative Parcel Map, any new building on the Appellant’s site would trigger the construction of their own sidewalks, driveways, and other improvements like lighting and landscaping per the Specific Plan along Street B.
G
overnor Gavin Newsom officially ended California’s COVID -19 State of Emergency on February 28, 2023, marking a significant shift from the emergency measures that had been in place since March 2020. As of September 2025, the Center for Disease Control and Prevention has not issued new, specific COVID-19 guidelines for funeral homes. In fact, the CDC’s most recent guidance on funeral services dates back to December 2020. If the Appellant needs to adhere to CDC Guidelines, whatever practices that have been in place for the last five years can continue to be in place.
The future closure of a driveway with the development of Street B in theory would have no impact on these practices as they should be the same practices that the Appellant has been adhering to since December 2020.
D. I
ssue 3: Lighting, Landscaping, Irrigation & Fire Protection: Continuous street lighting on both sides of B Street and Crows Landing; Landscaping with irrigation and mature trees to screen warehouses and control dust; Fire hydrants on both sides of B Street as required by code.
R
esponse: The Applicant has been conditioned to provide landscaping, lighting, and irrigation for their project site. The Applicant has no obligation to provide the Appellant ITEM 11
with any improvements on their property. These requests and the Applicant’s willingness to provide these requests should have no bearing on this appeal.
E. I
ssue 4: PC-68 Compliance: Phase 1 must adhere to original PC -68 West Landing Specific Plan standards, not only for immediate parcels, but across all four parcels of the development; improvements must connect directly to our property and parking lot during Phase 1.
R
esponse: The proposed project adheres to the West Landing Specific Plan Standards. The Appellant has offered no evidence that the proposed project does not meet the Specific Plan standards. There is no requirement that the Applicant provide any connection to the Appellant’s property as they are separate parcels with separate ownership. Street B is an approved street in the Specific Plan area. If the Appellant would like to see conformance to the plan, by dedicating Street B, the Applicant is ultimately adhering to the Plan. Had the Appellant secured the appropriate approvals for all of the improvements done to his site, he too would have been required to put improvements in along Street B once it was dedicated. The Appellant has consistently expanded the use of their property beyond the scope of what is allowed per the January 19, 2018 agreement letter, and therefore has evaded necessary improvements required of the West Landing Specific Plan.
F. I
ssue 5: Parking and Accessibility: This project will eliminate both our lot parking and handicap parking. We request City approval of off -street parking accommodations to offset these losses.
R
esponse: The Appellant should not have a parking lot on their property as no permit has been issued for a parking lot. Based on historical Google Earth images, it appears that a parking lot was illegally installed somewhere between 2017- 2018 without appropriate permits. Three additional carport -like structures have also been constructed on the property without permits. Any parking that the Appellant has on the property is to accommodate a use that has not been authorized by the City. At this time, the Appellant will need to apply for a permit for their parking lot and obtain a Conditional Use Permit for the uses occurring on their property. Once the appropriate permits have been obtain, staff will evaluate the parking lot needs of the use. As noted above, the City will be providing a new driveway into the Appellant’s property on Crows Landing in conjunction with the Crows Landing project currently underway . This will provide the Appellant access to the unpermitted parking lot.
G. I
ssue 6: Appraisal Requirement: A commercial appraiser has advised that a proper appraisal of our property requires at least 30 days. We have been informed that our property at 3637 Crows Landing may be valued at $3 million, making impacts from this project significant.
R
esponse: The Appellant’s statement about the worth of their property is hearsay as the Appellant has not supplied the City with a copy of an appraisal. The Appellant has provided no facts or information that indicate that the development of the project will impact their property value.
ITEM 11
H. Issue 7: Developer’s Timeline: G 3 has stated that they require 6 -8 weeks to decide how they will work with us to mitigate our losses. This timeline should be acknowledged by the City Council as part of this appeal.
R
esponse: The Appellant has provided no evidence to demonstrate that the proposed project creates a loss for the Appellant that needs to be mitigated. The Council may take the Appellant’s statement as a reported allegation of something (it is unclear what this statement has to do with the approval of the project). However, whether the Appellant and the Applicant choose to work out some sort of separate arrangement is independent of the Council’s action to consider this proposed warehouse project.
I. I
ssue 8: Regulatory Compliance: Per the California Funeral and Cemetery Bureau and Business and Professions Code, fencing for this type of property must provide privacy protections for deceased individuals, their families, and staff- including during crematory operations.
R
esponse: The California Department of Consumer Affairs , Cemetery and Funeral Bureau regulates licensed cemeteries, crematories, funeral directors, and embalmers.
Their authority comes from the Business and Professions Code, Division 3, Chapter 12 and related regulations in the California Code of Regulations. The Bureau does not impose specific fencing or privacy requirements in its licensing statutes. Its oversight is mainly about licensing, financial responsibility, consumer disclosure, and operational standards. The Appellant has not provided a s pecific code section that identifies the need for privacy. Further if such a code section exists, it would not be applicable to the Applicant as they are not the individuals licensed by the Bureau. Any such requirement for privacy w ould be the responsibility of the licensed party (the Appellant) to achieve. There is no finding related to this issue and should not be entertained by the Council as it relates to the approval of this process.
A
t this time this staff report was published, no other comments from the appellant have been received. Staff believes that this additional information is sufficient for the Council to be able to deny the appeal.
III. FISCAL IMPACTS:
I
t is expected that two G3 logistics/warehouses will produce meaningful revenue for the City. First, the permit fees, building fees, impact fees, and building tax payments will result in revenue for the City. Second, there will be property tax assessed based on the new use of the property. Third, there will be a new business license tax that will translate to revenue for the City. Most importantly, the new warehouse will provide jobs and indirect economic activity for the City.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A
V. POLICY ALTERNATIVES:
N/A
ITEM 11
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
The project was properly noticed for the August 18, 2025 Planning Commission Public Hearing as well as for the October 27, 2025 City Council public hearing.
VIII. ENVIRONMENTAL REVIEW:
The proposed project is determined to be consistent with the West Landing Specific Plan Environmental Impact Report (EIR) (SCH# 2008122087) pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. The project is located within the boundaries of the West Landing Specific Plan and is consistent with the land use designation and development intensity analyzed in the certified EIR. As required under CEQA Section 15162, the City has evaluated whether there are any substantial changes to the project, the circumstances under which it is undertaken, or new information of substantial importance that would result in new significant environmental effects or a substantial increase in the severity of previously identified impacts. Based on the proposed project, staff concluded that none of these conditions exist. The proposed project does not introduce new or more sever environmental impacts than those previously analyzed and the project applicant will be required to implement all applicable mitigation measures identified in the West Landing Specific Plan EIR. Therefore, no subsequent or supplemental EIR is required, and the project is determined to be within the scope of the previously certified EIR.
IX. STEPS FOLLO
WING APPROVAL:
If the appeal is denied, the Planning Commission’s approval will stand. If the appeal is approved, the Planning Commission’s approval will be overturned and the project will not be approved.
Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – City Council Appeal Resolution
a. Exhibit
A –Conditions of Approval
b. Exhibit B – Approved Plan Set
c. Exhibit C- Approved Tentative Parcel Map
2. Attachment B – 25-13 SP and 25-14 TPM Appeal Letter
3. Attachment C – Planning Commission packet
4. Attachment D – Public Hearing Notice
5. Attachment E – Presentation
6. Attachment F – G3 Response to Appeal
7. Attachment G – Evins Appeal Hearing Extension Request
8. Attachment H – Evins Request for Consideration of Mitigation Commitments
9. Attachment I – Evins Request for Consideration of Property Purchase or Mitigation Assistance
ITEM 11
ITEM 11
ATTACHMENT A
RESOLUTION NO. 2025-XXX
DENYING THE APPEAL OF PLANNING COMMISSION’S APPROVAL
OF SITE PLAN APPROVAL APPLICATION NUMBER 25-13 SP AND
TENTATIVE PARCEL MAP APPLICATION 25-14 TPM AND FINDING
THE PROJECT CONSISTENT WITH THE WEST LANDING SPECIFIC
PLAN ENVIRONMENTAL IMPACT REPORT SCH #2008122087 FOR
THE WAREHOUSE 18 AND 19 PROJECT LOCATED AT 3807 CROWS
LANDING ROAD IN CERES, CA
(APN: 086-034-004)
THE CITY COUNCIL
City of Ceres
WHEREAS, this is an appeal of t he Planning Commission of the City of Ceres decision on Site Plan Approval Application (SP) 25- 13 and Tentative Parcel Map Application (TPM) 25- 14 for the Warehouse 18 and 19 Project located at 3807 Crows Landing Road, Ceres, CA (APN: 086-034-004); and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 18, 2025 at 6:00 p.m. and approved Resolution PC 25-16 to allow the construction of two 249,200 square foot single-story warehouses and associated improvements, and allow the division of a 57.34-acre parcel into five parcels; and
WHEREAS, the Planning Commission voted 4-1-0 (Johnson opposed) to approve Site Plan Approval 25-13 and Tentative Parcel Map 25-14; and
WHEREAS, on August 20, 2025, an appeal was filed by Karen Sibley and Charles R. Evins II , pursuant to Ceres Municipal Code 18.34.010, to deny the Planning Commission approval; and
WHEREAS, a Notice of Public Hearing for the appeal hearing scheduled for October 27, 2025, was posted in the Ceres Courrier pursuant to California Government Code 65090, and physical copy of the notice was mailed to the surrounding property owners within a 300-foot radius pursuant to City of Ceres Municipal Code 18.34.030; and
WHEREAS, the City Council held a duly noticed public hearing on October 27, 2025, to consider the appeal of the Planning Commission’s decision; and
WHEREAS, pursuant to section 18.30.140 of the Ceres Municipal Code, the City Council is authorized to hear and decide on the subject appeal, giving full consideration to the specific findings of the officer or commission appealed from and may affirm, reverse, or modify the action appealed as it deems just and equitable; and
WHEREAS, the City Council considered all Planning Commission findings and all evidence, testimony and public comments offered and presented at the public hearing; and
ITEM 11
ATTACHMENT A
WHEREAS, the City Council finds that the project is consistent with the West Landing Specific Plan Environmental Impact Report (EIR) (SCH# 2008122087) pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines as follows:
1. The project is located within the boundaries of the West Landing Specific Plan and is consistent with the land use designation and development intensity analyzed in the certified EIR.
2. T here are no substantial changes to the projec t or new information of substantial importance that would result in new significant environmental effects or a substantial increase in the severity of previously identified impacts.
The proposed project does not introduce new or more sever environmental impacts than those previously analyzed and the project applicant will be required to implement all applicable mitigation measures identified in the West Landing Specific Plan EIR.
WHEREAS, the City Council affirms all other findings of the Planning Commission and moves to deny the appeal and approve the project. I n approving the appeal the Council find as follows:
1. The proposed Site Plan Approval and Tentative Parcel Map are consistent with the purpose and intent of the “BP, Business Park” Land use designation of the Ceres General Plan.
2. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by this title to adjust the use with land and uses in the neighborhood.
3. The Proposed Site Plan Approval and Tentative Parcel Map are consistent with the purpose and intent of the West Landing Specific Plan document and PC -68 zoning designation.
4. That the site for the proposed use related to streets and highways is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
5. With the conditions of approval impose on this Site Plan Approval and Tentative Parcel Map application, the proposed project will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat.;
6. That the conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres as follows:
ITEM 11
ATTACHMENT A
Section 1. The recitals set forth above are true and correct and are hereby incorporated by reference.
Section 2. Based on the information presented in the staff report with attachments, and all related information presented to the City Council, the City Council hereby denies the appeal and upholds the Planning Commission approval of the project and the approved Conditions of Approval. A true and correct copy of the Conditions of Approval are attached and incorporated herein as Exhibit A . The approved Site Plan s et is incorporated herein as Exhibit B . The approved Tentative Parcel Map is incorporated herein as Exhibit C.
Section 3. The Director of Community Development or designee is hereby directed to record this Resolution and the Planning Commission Resolution No. 25-16 at the office of the County Recorder of the County of Stanislaus.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
EXHIBIT A – Conditions of Approval
EXHIBIT B – Approved Plan Set
EXHIBIT C – Approved Tentative Map
ITEM 11
ITEM 11
EXHIBIT A
City of Ceres Community Development Department
Conditions Of Approval- City Council
Approved by the City Council on: October 27, 2025
Project File Nos: 25-13 Site Plan Approval and 25-14 Tentative Parcel Map Project Name: Warehouse 18 and 19
Project Address: 3807 Crows Landing Road
APN: 056-055-014
Property Owners: 3807 Crows Landing, LLC
502 E. Whitmore Avenue
Modesto, CA 95358
Project Applicant: Same as Applicant
This list of conditions is not intended to be all -inclusive or a comprehensive list of City regulations. All conditions are referenced to the Warehouse 18 &19 project on file with the City of Ceres, Community Development Department, Planning Division.
City of Ceres Community Development Department: Planning Division
1. Approval. This Tentative Parcel Map and Site Plan A pproval are approved subject to these specific conditions. Any variation from the approved plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.
2. Conformance to Plans. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, and presentations made to staff as affirmed to by the applicant and presented on the plans. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.
3. Expiration. This approval shall expire two years from this date on October 27, 2027, unless altered and/or extended per State law. The Tentative Map and Site Plan approval must be extended together. Prior to expiration, the owner/developer may apply for an extension, to be approved by the Community Development Director, not to exceed a total of two (2) years from the original date of expiration. It shall be the responsibility of the ITEM 11
EXHIBIT A
applicant/property owner to be aware of the expiration of this entitlement and take the necessary steps to ensure the approval of this entitlement remains valid. It shall not be the City of Ceres’ responsibility to notify the applicant/property owner of the project’s expiration date. If an approved entitlement expires, the applicant/property owner shall be required to submit a new application request for this project.
4. Owner Obligation. All conditions of approval shall be satisfied by the owner/developer. If at any time, any of the Conditions of Approval are found to be in non-compliance, City enforcement action may be implemented. Costs associated with compliance with the conditions shall be at the owner/developer’s expense.
5. Fees. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of a building permit.
6. Utility Companies. The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.
7. Signs. No business identification signs or any advertising signs shall be installed or displayed without the review and approval of the Community Development Department, and all proposed advertising signs shall comply with the Sign Standards found in Chapter 26 of Title 18 of the Zoning Ordinance.
8. Vested Rights. This approval does not vest applicant’s rights regarding future development. All ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the project and public improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.
9. Responsible Agencies. The Developer is responsible for contacting all responsible and commenting agencies and ensuring compliance with any applicable fees and/or rules.
10. Subsequent Development. All activities undertaken in accordance with this approval shall comply with the City’s General Plan and Municipal Code. In cases of conflict between the City’s Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations, 2) project -specific conditions, and 3) standard conditions. The applicant shall comply with all regulations and code requirements of the Community Development Director , City Engineer, and Building Official, the Fire Chief, the Police Chief, and any other agencies requiring review of the project. If required, these agencies shall be supplied copies of the final maps, site plans, public improvement plans, grading plans, and building plans.
11. Amendments. The Planning Division may approve minor amendments to the project, provided that the amendment is still in substantial conformance with the original approval of this entitlement. A request for a minor amendment ITEM 11
EXHIBIT A
shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission through the amendment process and the applicant shall pay the necessary processing fees.
12. Building Plans. The project developer shall write all conditions of approval for this project on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the building developer to ensure that the project contractor is aware of, and abides by, all conditions of approval. Prior approval from the Director must be received before any changes are constituted in site desi gn, grading, building design, building colors or materials, etc.
13. Additional Information. Upon Building Permit submittal, the applicant is required to show grading, access, paving, striping, storm drain system, frontage landscaping, fencing, sewer and water connections, and backflow devices to the satisfaction of the City Engineer. Civil drawings illustrating the required improvements for the project are required to be submitted with the building plan submittal. Any changes resulting from the review of these plans that cause substantial change to the site plan will require the project return to Planning Commission for a Site Plan Amendment.
14. Easements. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed property. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.
15. Failure to Comply. Should the project be found, at any time, not to comply with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than as specified in the Application or Supporting documents or presentations to staff, the Planning Commission, or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.
16. Indemnification. The applicant shall indemnify and hold harmless the City, its council members and commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs and fees, including without limitation attorneys’ fees, incurred by the City and/or awarded to any plaintiff in any action related to or arising out of the City’s approval of this project or subdivision Map or any environmental or other documentation related to this project. The applicant further agrees to provide a defense for the City in any such action.
17. Limits of Approval. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.
18. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. No part of this approval shall be construed to permit a violation of any part of the Ceres Municipal Code.
ITEM 11
EXHIBIT A
This Site Plan Approval- Staff Level shall be subject to revocation if the subject use is conducted in such a manner as to cause a nuisance.
19. Changes in Law. This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or policies, the term of which are specifically mandated and required by changes in State or Federal laws or regulations.
20. Other entitlements. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.
21. Performance Standards. Developer shall ensure ongoing compliance with City of Ceres Performance Standards, pursuant to Ceres Municipal Code Chapter 23, Title 18.
22. Parking, Loading Areas, On- Site Circulation. All on -site parking, loading areas, and on- site circulation shall conform to the approved plans dated January 31, 2025.
23. Landscaping. On-site landscaping shall conform to the approved plans and conform to the Ceres Municipal Code. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans.
The Director of Community Development or his designee will review and approve all landscape and irrigation plans. The Director of Community Development or his designee will review and approve all landscape and irrigation plans per Section 18.13.050.J.2. Planting areas shall be permanently maintained by water, clearing debris and litter, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All landscaping shall be maintained in such a manner as not to restrict designated pedestrian access. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth shall be replaced, in kind, pursuant to the approved landscape plans within 30 days from the identified damage date.
24. MWELO. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards.
25. Storage, Screening, and Fencing. All storage, screening, and fencing shall conform to the approved plans and conform to the Ceres Municipal Code.
26. Roof-mounted Equipment. Applicant/developer shall ensure all roof - mounted equipment shall remain screened from public street view.
27. Lighting. All on-site lighting for parking areas, pedestrian areas, and vehicular or pedestrian paths of travel shall be LED lighting. A photometric plan showing the project complies with Chapter 25, Title 18 of the Ceres Municipal Code is required at building permit. Any proposed exterior lighting will need to be shielded and/or directed downward and away, so as not to create any glare onto the neighboring properties.
28. Site Maintenance. The site shall be permanently maintained in a neat and clean manner free of weeds, trash, and debris.
ITEM 11
EXHIBIT A
29. CPTED. Landscaping and lighting shall be maintained to compliance with Crime Prevention through Environmental Design (CPTED) guidelines. Shrubs shall be limited to two feet in height, and mature trees shall be limbed up to six feet above the ground. Dead or dyin g plants shall be replaced with materials of equal size and similar variety.
30. Paving. The City will require the applicant to construct the paving improvements (for parking area/access driveway) for the project as proposed on the Site Plan, which shall be completed to the satisfaction of the City Engineer and Building Official.
31. Temporary Outdoor Storage. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including security measures, unless required for environmental mitigation or approval of the Planning Commission or City Council.
32. SJVAPCD. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.
City of Ceres Community Development Department: Building Division
33. Building Requirement. The following proposal to construct this facility shall be required to be in compliance with the most current adopted California Code of Regulations Title 24 at the time of the building permit application submittal date.
34. Circulation. Any and all tenant space(s) with an occupancy category allowing public access shall have an exterior circulation path in accordance with Chapter 11B of Part 1 , Volume 2 of the most current adopted California Code of Regulations Title 24.
35. Building Plans. The building plans shall be drawn by a licensed engineer or architect.
36. Demolition Permits. The applicant shall secure the necessary demolition permit(s) from the City of Ceres to demolish all/any existing structures on site.
37. Fi re Code. All construction and design shall meet or exceed the California Fire Code for fire and life safety requirements, including exiting and other life safety concerns.
38. Addresses. Building addresses for both buildings shall be posted and visible from the roadway in accordance with the California Fire Code and Ceres Municipal Code.
39. Restrooms. The applicant shall provide on -site restroom facilities during construction.
ITEM 11
EXHIBIT A
40. Accessible Parking. Accessible parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. ADA accessibility to the proposed building shall be required per State and Federal Law and to the approval of the Building official.
41. During Construction. The following conditions shall apply:
a. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus County Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately.
Work shall not proceed until clearance has been issued by all of these agencies.
b. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
c. If grading is to take place between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan. Permanent erosion control measures shall include hydro- seeding of all graded slopes within 60- days of completion of grading.
d. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.
e. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.
f. If there are substantial changes in the size, alignment, grades, etc. during construction, then original "as -built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineering Services Department office.
City of Ceres Engineering Department
Tentative Parcel Map
42. General Compliance. The applicant shall comply with all applicable requirements of the City of Ceres, including the Municipal Code, City Engineering Design Standards, the Subdivision Map Act, and all other applicable federal, state, and local regulations pertaining to parcel division and industrial development.
43. Parcel Map Preparation and Recordation
a. The Parcel Map shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying in the State of California. b. The final Parcel Map shall be submitted to and approved by the City Engineer prior to recordation.
ITEM 11
EXHIBIT A
c. All existing and proposed easements, including public utility easements (PUE), drainage easements, and access easements, shall be shown on the Parcel Map and dedicated as necessary.
44. Public Improvements
a. No public frontage improvements (e.g., curb, gutter, sidewalk, pavement widening, utilities, or street lights) are required at the time of Parcel Map recordation. All required public improvements shall be constructed at the time of site development or building permit issuance.
b. A note shall be added to the Parcel Map stating: “All required public improvements along project frontages shall be completed in conjunction with future site development. No public improvements are required for Parcel Map approval.”
45. Access and Circulation
a. Legal and physical access shall be provided to each parcel. All access points will be reviewed and conditioned as part of future site development review.
b. Cross-access easements and internal circulation routes shall be established as needed to support multi -tenant or phased industrial development and shall be recorded prior to issuance of building permits. c. Emergency vehicle access shall be reviewed and approved by the City Engineer and Fire Department during site plan review.
46. Utility Services
a. All water, sewer, storm drainage, and other utility connections shall be evaluated and installed at the time of site development. The Parcel Map shall reflect utility easements as needed to accommodate future service lines.
b. Shared utility easements may be required if a single service laterals or joint utility corridors serve multiple parcels.
47. Drainage and Stormwater Compliance
a. No on-site grading or drainage improvements are required at the Parcel Map stage. All stormwater management and low -impact development (LID) features shall be incorporated during the site development process, in compliance with the City’s stormwater regulations and State Water Resources Control Board requirements.
b. Drainage easements shall be recorded if off -site or shared drainage paths are proposed in the future development.
48. Right-of-Way and Dedications
a. Any right -of-way dedications consistent with the City’s General Plan, Circulation Element, or Zoning requirements shall be shown on the Parcel Map.
b. Physical frontage improvements, including pavement widening, curb and gutter, sidewalk, and landscaping, will be required at the time of development and shall not be deferred beyond the project -level entitlement.
49. Fees and Improvement Securities
ITEM 11
EXHIBIT A
a. No improvement bonds or construction securities are required at the Parcel Map stage.
b. All applicable development impact fees, utility connection fees, and securities for public improvements shall be collected and processed during the site development phase or at building permit issuance.
50. Phasing and Project Coordination
a. a. If development is phased, all conditions applicable to each phase, including frontage and utility improvements, shall be clearly addressed through site plan review and associated improvement plans. b. b. Parcel configuration shall not preclude orderly development of the site or adjacent parcels.
51. Civil Drawings. Civil drawings illustrating required improvements (i.e. water and sewer services, a storm drain system, paved parking area, and commercial curb cuts) are required to be submitted with the building plan submittal for each building.
52. City Standards. The applicant shall install all required improvements (including parking area, driveway approaches, and curb, gutter, sidewalk) to the Standards of the Engineering Services Department. The applicant shall obtain approval of an Encroachment Permit through the Engineering Services Department prior to constructing these improvements.
a. The applicant shall install all required (including curb, gutter, and sidewalk, as well as meter and backflow devices) improvements to the Standards of the Engineering Services Department.
53. Trash Enclosure. The applicant shall provide trash enclosure(s) for the project that lock and integrate design elements of the main building. The City will expect trash enclosure(s) to be identified on the site plan with details of structure illustrated on project plans upon the submittal of a building permit application for the project to the Building Division. Additionally, recycling service shall also be provided.
54. Grease Traps. The applicant shall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources. The applicant/future tenant(s) shall secure the necessary permits for the food service operations.
55. Grading Plans. The applicant will be required to submit a grading and drainage plan to the Engineering Services Department. The paving improvements proposed for the project shall be completed to City Standards.
The applicant shall demonstrate that surface water runoff f rom the proposed building(s), including new paving and access/driveway areas, is conveyed to on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes.
56. SWPPP. The City needs a copy of a Stormwater Pollution Prevention Plan (SWPPP), prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, ITEM 11
EXHIBIT A
chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department. Additional information on BMP's may be found at: www.cabmphandbooks.com.
57. Storm Water. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction.
The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.
58. Utility Easements. Additional utility easements might be needed for sewer, water, and storm drainage.
59. Soils Report. A soils report may be required for the project. If such report is required, the report shall comply with the requirements of the current edition of the International Building Code with the current California amendments.
The report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections including loading areas and fire lanes.
60. Soils Certification. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.
61. Pavement Design. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement.
62. Water Meter. The applicant shall contact the Water Department to discuss whether or not the applicant would need to provide more than one (1) water meter for the project.
63. Water Service. The applicant shall contact the Water Department to discuss whether or not three (3) separate district water related service lines including fire service, domestic service, and irrigation service would be required.
64. Sewer Capacity. The project may be subject to providing the Engineering Services Department (209-538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.
65. Encroachment Permit. Prior to any work being conducted within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.
66. Traffic Control Plans. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of-way.
67. Water Wells. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not ITEM 11
EXHIBIT A
been properly sealed, they must be destroyed per County of Stanislaus requirements.
City of Ceres Fire Department
68. Uniform Fire Code. All construction shall conform to the requirements of the City of Ceres Building Division and City of Ceres Ordinance 84- 625, as amended pertaining to the Uniform Fire Code and Ordinance 80- 546, as amended, pertaining to Automatic sprinklers.
69. Sprinkler System. An approved automatic fire sprinkler system and all alarm systems are required for each building that is 5,000 square feet or more in size. Each system will need to be 24-hour monitored by an approved and UL listed monitoring station.
70. Fire Alarm System. An approved fire alarm system is required for each building and each system shall be 24-hour monitored by an approved and UL listed monitoring station.
71. Access Road. Access roads shall be no less than 20 feet of unobstructed width.
72. Fire Extinguishers. Fire Extinguishers shall be provided in accordance with the California Fire Code. If cooking with grease, a CLASS K Fire Extinguisher is required.
73. Knox Box. The applicant shall provide a Knox type locking key box at entrance to each building for Fire Department access. Said Knox type locking key box shall be placed at a location as approved by the Ceres Fire Department. A Knox override switch shall be provid ed if the entrances into the site include gated access points.
74. Fire Hydrants. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department Connection on the same side roadway for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system. Each hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection (FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.
75. Fire Main Layout. Fire main layout shall be reviewed and approved by the Ceres Fire Department. All water systems shall be looped when supplying more than one hydrant.
76. EVA. All Emergency Vehicle Access points and proposed utilities shall ensure cross-easements and shall be located per the proposed development plans unless modified by these conditions. All Emergency Vehicle Access shall be constructed of an all -weather material approved by the Ceres Fire Department.
77. Security Lighting. The applicant shall provide on-site security lighting to the satisfaction of the Ceres Fire Department.
78. Fire Inspections. A minimum of 48-hour notice is required for inspections.
ITEM 11
EXHIBIT A
79. Vertical Obstructions. All vertical obstructions shall be higher than 13 feet 6 inches.
80. Address Numbers. Address numbers on the building shall clearly be visible from the street in contrasting color. Front and rear doors to have address numbers (or Suite numbers) 6” in size.
81. Fire Lanes. The applicant shall mark fire lanes within the project in the locations as approved by the Fire Marshall
82. All Weather Signage. Permanent all weather signage (minimum 3 inch letters/numbers – red background with white letters – shall be installed at:
a. Main Electrical Disconnect
b. Main Gas Shutoff
c. Electrical Room
City of Ceres Police Department
83. Public Peace, Safety, Morals. The project will be required to conform to the provisions of the Public Peace, Safety, and Morals section of the Ceres Municipal Code.
84. Alcohol. The sale or consumption of alcoholic beverages shall be in accordance with the California Department of Alcoholic Beverage Control.
ITEM 11
ITEM 11
54' 15'
FH
1 B STREET
SERVICE ROAD
CROWS LANDING ROAD
TRUCK DOCK
79.2'
FH
GATE
GATE
33 FUTURE OFFICE
2,500 S.F.
50'
50'
FH
VAN
FH
FH
FH
TRUCK DOCK
TRUCK DOCK
FUTURE OFFICE
2,500 S.F.
50'
50'
FH
VAN
FH
FH
FH
FH
FH
FH
FHFH
EXIST. T.I.D.
IRRIGATION LINE
PARCEL 1
13.68 Acres Net
12958
59 73
74 90
91 104 105 118 119 132
40 12257
59 73
89 90 103 104 117 118 131
58 700'
146.1'±
15'
54'
76.9'95'
180.2'
149.5'
180.2'
95'7'
20'
33'
2.2'
7'
20'
33'
62.1'±
356'240'±356'180.6'±
103.7'± 30' 20'7' 80' 80' 80'
5' 32 20' 20
60'
517.7'±
156.4'±
159.9'±
383'±
1986.9'±
294.9'±
121.2'±
ONSITE RETENTION
BASIN 198,990 C.F.
WAREHOUSE 18
PRETREATMENT
BASIN 30,000 C.F.
PROSED
PROPERTY LINE
PROPSED C/L
FENCE
ORNAMENTAL
FENCE
GATE
TRUCK DOCK
74 908.2'±
97.9'±
715'±
97.9'±
1985.3'±
3000A
SERVICE
3000A
SERVICE
PARCEL 4
12.05 Acres
PARCEL 3
11.55 Acres
PARCEL 5
1.61 Acres
SHIPPINGOFFICE732 S.F.
SHIPPING OFFICE732 S.F.
FUTURE
15x15
RUD
FUTURE15x15RUD
10x 10
INTERIOR
COLUMN TYP.
15x15
RUD
FUTURE
WAREHOUSE #19
249,200 SF
15x15RUD
15x15RUD
15x15RUD
PERIMETERCOLUMN TYP.
PERIMETERCOLUMN TYP.
15x15RUD
FUTURE15x15RUD
10x 10
INTERIOR
COLUMN TYP.
15x15
RUD
PROPOSED
WAREHOUSE #18
249,200 SF
FUTURE15x15RUD
15x15RUD
15x15RUD
PERIMETERCOLUMN TYP.
PERIMETERCOLUMN TYP.
ORNAMENTAL
FENCE
WAREHOUSE 19
PRETREATMENT
BASIN 30,000 C.F.
20'
132166201
1011.8'±
128.3'±28.1'±
PARCEL 2
13.69 Acres Net
PROPOSED STREET
IMPROVEMENTS PER
CITY STANDARDS
PROPOSED STRTEET TREES
PER CITY STANDARDS
FUTURE STREET
IMPROVEMENTS PER
CITY STANDARDS PROPOSED STREET TREES
PER CITY STANDARDS
PROPOSED ONSITE
LANDSCAPING
PROPOSED ONSITE
LANDSCAPING
54'
74.4'
15'
553.1'±
1321.7'±
911.9'±
604.9'±605'±
53'±
71'
41'
80'
85'
85'
60'40'
DRIVEWAY FOR
AUTOS ONLY
PROPOSED SITE PLAN
SP1.0
PROPOSED SITE PLAN
25103-LANDSCAPE.DWG
JOB NUMBER:DRAWN:SHEET NUMBER:
DRAWING TITLE:
CAD FILE NAME:
DRAWING SCALE:
PROJECT NAME:
CHK'D:
DATE:
ENGINEER:
JUSTIN W. CAPP
JUSTIN W. CAPP, Inc.
ENGINEERING + DESIGN
CE #61393, SE #4813
1003 12th STREET, MODESTO, CA 95354
PO BOX 861, MODESTO, CA 95353
(209) 524-4774.
www.justinwcapp.com
25013
JWD
JWC
1/31/25
AS NOTED
PROJECT ADDRESS:
CLIENT:
05/23/2025
STRUCTURAL
N
STATE
OFCALIFORNIA
REGISTEREDPROFESSIONALENGINEER NO. 4813
EXP. 6/30/25
W
I
P
C
TUSJ
AP
.
REVISION HISTORY:
ENGINEER'S SEAL:
KEY PLAN:
USE DISCLAIMER:
THE DESIGN DATA CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF JUSTIN W. CAPP AND MAY NOT BE
REPRODUCED OR USED WITHOUT WRITTEN PERMISSION.
THIS DRAWING IS NOT TO BE USED FOR CONSTRUCTION
UNTIL SEALED AND DATED. THE END USER IS
RESPONSIBLE FOR COORDINATION OF FIELD CONDITIONS,
DIMENSIONS, AND WORK NOT OTHERWISE SHOWN BY THIS
DRAWING.
No.DATEISSUANCE
WAREHOUSE 18
and
WAREHOUSE 19
502 E. WHITMORE AVE
MODESTO, CA 95358
G3 ENTERPRISES
APN 056-055-014
PROPSED C/L
FENC
IRRIGATION LINE
EASEMENT
CBC CONDITION: 2022 CBC, CMC, CPC, CFC, TITLE 24 CEC, CEC,
CALIFORNIA ENERGY CODE, CALGREEN
GOVERNING AGENCY: CITY OF CERES
APN:056-055-014
SITE ADDRESS:3807 CROWS LANDING ROAD
ZONING:BUSINESS PARK
LOT AREA:Proposed Lot 1 - 13.68 Acres Net
Prposed Lot 2 - 13.69 Acres Net
Proposed Lot 3 - 11.55 Acres Net
Proposed Lot 4 - 12.05 Acres Net
Proposed Lot 5 - 1.61 Acres Net
BUILDING TO LOT RATIO:Proposed Warehouse 18 = 47%
Future Warehouse 19 = 49%
LANDSCAPE TO LOT RATIO:Proposed Warehouse 18 = 4.6%
Future Warehouse 19 = 3.8%
OCCUPANCY GROUP: S1 - SPEC. HIGH PILE STORAGE W/ ACCESSORY OFFICE,
NONSEPARATED
CONSTRUCTION TYPE: IIIB BLDG.
HeiGHT 40'
FIRE SPRINKLERS: YES - ESFR
BUILDING AREA: PROPOSED - 249,200 SF
FUTURE - 249,200 SF
ALLOWABLE AREA: S1 / IIIB UNLIMITED SF (SPRINKLED, 1 STORY, SIDE YARD 60FT ALL SIDES, PER CBC 507.4)
SMOKE REMOVAL: YES - ROOF VENTS PER CFC 910
REQUIRED PARKING STALLS PER :
WAREHOUSE 1/2000=125
OFFICE 1/100 =8
TOTAL =132
TOTAL PROPOSED PARKING SPACES:
WAREHOUSE 18:
STANDARD STALL =201
ACCESSIBLE STALL =7 (1 VAN ACCESSIBLE)
TOTAL =208
TRAILER PARKING =33
WAREHOUSE 19:
STANDARD STALL =132
ACCESSIBLE STALL =7 (1 VAN ACCESSIBLE)
TOTAL =139
TRAILER PARKING =40
PROJECT DATA:
VICINITY MAP
SITE
HEIGHT:
L
E
PROPOSED IONSITE
LANDSCAPING
PROPOSED
PROPOSED C/L
PROPOSED C/L
EXHIBIT B
ITEM 11
B STREET
SERVICE ROAD
TRUCK DOCK
VAN
TRUCK DOCK
TRUCK DOCK
VAN
EXIST. T.I.D.
IRRIGATION LINE
ONSITE RETENTION
BASIN 198,990 C.F.
WAREHOUSE 18
PRETREATMENT
BASIN 30,000 C.F.
PROSED
PROPERTY LINE
PROPSED C/L
FENCE
ORNAMENTAL
FENCE
GATE
TRUCK DOCK
908.2'±
97.9'±
715'±
97.9'±
1985.3'±
3000A
SERVICE
3000A
SERVICE
PARCEL 4
12.05 Acres
PARCEL 3
11.55 Acres
PARCEL 5
1.61 Acres
FUTURE
WAREHOUSE #19
249,200 SF
PROPOSED
WAREHOUSE #18
249,200 SF
ORNAMENTAL
FENCE
WAREHOUSE 19
PRETREATMENT
BASIN 30,000 C.F.
PROPOSED STREET
IMPROVEMENTS PER
CITY STANDARDS
PROPOSED STRTEET TREES
PER CITY STANDARDS
FUTURE STREET
IMPROVEMENTS PER
CITY STANDARDS PROPOSED STREET TREES
PER CITY STANDARDS
PROPOSED ONSITE
LANDSCAPING
PROPOSED ONSITE
LANDSCAPING
553.1'±
1321.7'±
911.9'±
604.9'±605'±
53'±
PISTACIA CHINENSIS "KIETH DAVEY"15gal
LAGERSTROEMIA INDICA "NATCHNEZ"15gal
ICEBURG ROSE, WHITE5gal
OLEA EUROPAEA "LITTLE OLLIE"5gal
TRACHELOSPERMUM ASIATICUM1gal
CAREX DIVULSA1gal
DECOMPOSED GRANITE
SYMBOLNAMESIZE
25103-LANDSCAPE.DWG
JOB NUMBER:DRAWN:SHEET NUMBER:
DRAWING TITLE:
CAD FILE NAME:
DRAWING SCALE:
PROJECT NAME:
CHK'D:
DATE:
ENGINEER:
JUSTIN W. CAPP
JUSTIN W. CAPP, Inc.
ENGINEERING + DESIGN
CE #61393, SE #4813
1003 12th STREET, MODESTO, CA 95354
PO BOX 861, MODESTO, CA 95353
(209) 524-4774.
www.justinwcapp.com
25013
JWD
JWC
1/31/25
AS NOTED
PROJECT ADDRESS:
CLIENT:
05/23/2025
REVISION HISTORY:
ENGINEER'S SEAL:
KEY PLAN:
USE DISCLAIMER:
THE DESIGN DATA CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF JUSTIN W. CAPP AND MAY NOT BE
REPRODUCED OR USED WITHOUT WRITTEN PERMISSION.
THIS DRAWING IS NOT TO BE USED FOR CONSTRUCTION
UNTIL SEALED AND DATED. THE END USER IS
RESPONSIBLE FOR COORDINATION OF FIELD CONDITIONS,
DIMENSIONS, AND WORK NOT OTHERWISE SHOWN BY THIS
DRAWING.
No.DATEISSUANCE
WAREHOUSE 18
and
WAREHOUSE 19
502 E. WHITMORE AVE
MODESTO, CA 95358
G3 ENTERPRISES
APN 056-055-014
PROPSED C/L
FENCE
PLANTING PLAN
L1.0
LANDSCAPE PLANTING PLAN
PROPOSED IONSITE
LANDSCAPING
PLANTING LEGEND:
"B" STREET PLANTING DETAIL
CURB & GUTTER
SIDEWALK
OLEA EUROPAEA "LITTLE OLLIE"ICEBURG ROSE, WHITE
TRACHELOSPERMUM ASIATICUMCAREX DIVULSA
L1.0
2 L1.0
6 L1.0
3 L1.0
6 L1.0
5 DECOMPOSED
GRANITE
ORNAMENTAL
FENCE
LAGERSTROEMIA
INDICA "NATCHNEZ"
PISTACIA CHINENSIS
"KIETH DAVEY"
SERVICE ROAD PLANTING DETAIL
CURB & GUTTER
SIDEWALK
L1.0
6 ORNAMENTAL
FENCE
PISTACIA CHINENSIS
"KIETH DAVEY"
L1.0
3 L1.0
5 SERVICE ROAD
"B" STREET
L1.0
7 1) Install all irrigation equipment per manufacturers specifications and plan details.
Install 14 gauge direct burial cable along all mainline as needed to control valves. Install communication cable as needed from controller to flow sensor. 2) Run irrigation lines in planter Provide sleeves where irrigation lines pass under paving; all irrigation lines under paving must be sleeved and installed prior to paving. 3) Provide irrigation audit by independent Certified Water Auditor after installation, per MWELO.
4) Provide irrigation schedule and maintenance schedule. Coordinate with the Owner to provide Certificate of Completion and Certificate of Installation per MWELO.
IRRIGATION NOTES:
.
ITEM 11
8'-0"
EQEQ
2500psi DRILLED
PER FOOTING
3"x 3"x 11ga FENCE
POST AT 7'-0" O.C.
MAX
1"x 1"x 14ga FACE
MOUNTED PICKETS
1 1/2"x 1 1/2"x 11ga
RAILS, TYP.
8'-0"
1'-6"
3"x 3"x 11ga FENCE
POST AT 7'-0" O.C.
MAX
1 1/2"x 1 1/2"x 111ga
RAILS, TYP
1 1/2"x 1 1/2"x 11ga
RAILS, TYP
1"x 1"x 14ga FACE
MOUNTED PICKETS
8'-0"
1'-6"11"
4 1/2"
SEE PLAN
34" MIN TO 44" MAX
4"x 4"x 11ga GATE
POST, TYP.
2"x 2"x 11ga
RAILS, TYP
1"x 1"x 14ga FACE
MOUNTED PICKETS
DOMED STEEL
CAPS
6" WELDABLE BUTT
HINGE SELF CLOSING
(2) PER GATE.
10"x 12ga KICK
PLATE WELDED
TO GATE
10"x 12ga PANIC PLATE
WELDED TO GATE W/
VON DUPRIN 99 PANIC
HARDWARE
1"x 1"x 14ga FACE
MOUNTED PICKETS
EXPANDED METAL
MESH ABOVE & BELOW
PANIC BAR .
EXPANDED METAL
MESH WITHIN 18" OF
ACCESSIBLE GATE
ON BOTH SIDES
DETAILS
L2.0
8' FENCE FOOTING DETAILS
TYPICAL 8' FENCE PANEL MANGATE DETAIL
FOR ALL CONNECTIONS USE 1/8" FILLET WELD MINIMUM. WELD ALL SIDES NOTE:
25103-G3-L2.0.DWG
JOB NUMBER:DRAWN:SHEET NUMBER:
DRAWING TITLE:
CAD FILE NAME:
DRAWING SCALE:
PROJECT NAME:
CHK'D:
DATE:
ENGINEER:
JUSTIN W. CAPP
JUSTIN W. CAPP, Inc.
ENGINEERING + DESIGN
CE #61393, SE #4813
1003 12th STREET, MODESTO, CA 95354
PO BOX 861, MODESTO, CA 95353
(209) 524-4774.
www.justinwcapp.com
25013
JWD
JWC
1/31/25
AS NOTED
PROJECT ADDRESS:
CLIENT:
05/23/2025
STRUCTURAL
N
STATE
OFCALIFORNIA
REGISTEREDPROFESSIONALENGINEER NO. 4813
EXP. 6/30/25
W
I
P
C
TUSJ
AP
.
REVISION HISTORY:
ENGINEER'S SEAL:
KEY PLAN:
USE DISCLAIMER:
THE DESIGN DATA CONTAINED IN THIS DRAWING IS THE
SOLE PROPERTY OF JUSTIN W. CAPP AND MAY NOT BE
REPRODUCED OR USED WITHOUT WRITTEN PERMISSION.
THIS DRAWING IS NOT TO BE USED FOR CONSTRUCTION
UNTIL SEALED AND DATED. THE END USER IS
RESPONSIBLE FOR COORDINATION OF FIELD CONDITIONS,
DIMENSIONS, AND WORK NOT OTHERWISE SHOWN BY THIS
DRAWING.
No.DATEISSUANCE
WAREHOUSE 18
and
WAREHOUSE 19
502 E. WHITMORE AVE
MODESTO, CA 95358
G3 ENTERPRISES
APN 056-055-014
ORNAMENTAL FENCE ELEVATIONORNAMENTAL FENCE ELEVATION
ITEM 11
ITEM 11
EXHIBIT C
ITEM 11
ITEM 11
ATTACHMENT B
ITEM 11
ITEM 11
ITEM 11
ITEM 11
MEETING DATE: August 18, 2025
PROJECT NAME: Warehouse 18 and 19 Site Plan Review and Tentative Parcel Map Project
APPLICATION NUMBER: 25-13 SP Site Plan Review and 25-14 TPM Tentative Parcel Map
RECOMMENDATION:
Staff recommend the Planning Commission:
1. Find the proposed project consistent with the West Landing Specific Plan Environmental Impact Report SCH # 2008122087 and make the determination that there is no additional environmental review needed per CEQA Section 15162; and
2. Adopt a Resolution approving a Tentative Parcel Map and Site Plan Review for the Warehouse 18 and 19 project located at 3807 Crows Landing Road (APN: 056- 055-014).
PROJECT INFORMATION
Applicant 3807 Crows Landing, LLC
Property Owner 3807 Crows Landing, LLC
Property Address
APN
3807 Crows Landing Road, Ceres, CA 95358
APN: 056-055-014
Existing General Plan: BP Business Park
Existing Zoning District: PC-68 Planned Community
Existing Use: Single Family Residential and Vacant Land Proposed Use: Warehouse use
Parcel Size 57.34 acres
Adjacent Uses: North: Evins Funeral Home; Orchards
South: Service Road; Industrial Uses; Orchards
East: Orchards
West: Stanislaus Count
y Agricultural Center Complex
CEQA Determination Determination of Consistency with the West Landing Specific Plan EIR Pursuant to CEQA Section 15162 (West Landing Specific Plan EIR SCH # 2008122087
)
City of Ceres Planning Commission
AGENDA REPORT
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 1
ATTACHMENT C
ITEM 11
PROJECT DESCRIPTION AND LOCATION
The applicant is requesting a Site Plan Approval and Tentative Parcel Map to subdivide a 57.34-acre parcel into five parcels to construct up to two 249,200 square foot single- story warehouses. The project will be phased, with Phase 1 being Warehouse 18 on newly created Parcel 4, and Phase 2 being Warehouse 19 on newly created Parcel 3.
Phase 1 will likely go into plan check before t he end of 2025. The date for construction will be upon completion of Building Plan review. Warehouse 19 will likely begin the plan check process after Warehouse 18 is complete. Parcel 5 is for the project basin for the site, and the remaining two Parcels, Parcels 1 and 3, will have development at a later time. Any new project on these parcels will come before the Commission for review. The project site plan is below in Figure 1.
Figure 1: Project Site Plan/Parcel Map
The site is located at 3807 Crows Landing Road, just south of Evins Funeral Home. The site is mostly vacant land other than a small residence on site. Crows Landing runs along the eastern border of the site, and Service Road runs the length of the southern border of the site. The entire parcel is part of the West Landing Specific Plan area which will be discussed further below. The Stanislaus County Agricultural Center is across Crows Landing to the east, and there are various industrial users south of Service Road. Figure 2 shows the most recent google map aerial photo of the site.
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Figure 2: Aeria
l of Project Site
PROJECT ANALYSIS
The proposed Site Plan Review and Tentative Parcel Map project have been analyzed with respect to conformance with:
1. Ceres General Plan
2. West Landing Specific Plan
3. Ceres Municipal Code
4. California Environmental Quality Act (CEQA)
GENERAL PLAN CONFORMANCE
The project site has a land use designation of BP Business Park as noted in Figure 3 below. The Business Park land use designation applies to industrial uses and warehousing and distributing uses. While the project applicant does not have an exact tenant in mind, the intent of the proposed project is to build two shell buildings that will likely attract large warehousing or distribution tenants. The proposed buildings are similar in size and scope to those buildings already in the area on the Modesto and Ceres side of Whitmore Avenue.
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Figure 3: Land Use Diagram
One of th
e focusses of the City’s General Plan is industrial job growth. Market data suggests that there is new demand for industrial space and Ceres is well-positioned to capture some of this demand as the City continues to grow. Because companies in the industrial sector tend to operate in the regional and national economies, attracting industrial companies to Ceres will increase the city’s economic competitiveness and support local economic growth. It is important that the City support warehousing and distributing uses on adequately sized property in proximity to SR 99 and the Union Pacific railroad that are entitled and serviced with public utilities. The proposed project site was entitled for this use back in 2012 with the approval of the West Landing Specific Plan, and the City is currently spear-heading a public improvement project that will bring utilities to this site. The applicant’s desire to develop this parcel now is essentially perfect timing for the City to help make this use successful and an asset to the City of Ceres.
In addition to being an allowed use in the BP land use designation, the proposed project is also consistent with many General Plan goals and policies. The following goals and policies are just a few goals and policies that support the approval of this project:
1. Industrial Development Goals and Policies
Goal 2.H Promote de
velopment of industrial uses to meet the present and
future needs of Ceres resident for jobs and to maintain economic vitality.
Policy 2.H.1 Suitable Land. Ensure availability of a variety of parcel sizes to accommodate a variety of industrial uses.
Policy 2.H.2 Adequate Infrastructure and Services. Only approve new industrial development where adequate infrastructure and services are already available or where new industrial development will cover the cost of extending adequate infrastructure, consistent with the General Plan and other applicable master plans.
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Analysis: Industrial bus
inesses like warehousing and distributing uses typically provide a wide range of employment opportunities—from entry-level to highly skilled positions. These jobs can help reduce unemployment and support working-class families, often without requiring a college degree. It is important that the City support these uses in order to support the betterment of the community. This site is ideal in size and location for this type of use, and the City’s current capital improvement project will ensure that the site has the appropriate infrastructure that it needs.
2. Infill Goals and Policies
Goal 2.D. Promote infill development to protect farmland; enhance community character; optimize City investment in infrastructure; provide pedestrian and bicycle friendly neighborhoods; and enhance economic vitality.
Policy 2.D.1. Promote Infill. Promote infill development and reuse of underutilized parcels in the city to reduce pressure to develop on farmland or other “greenfield” sites on the periphery.
Analysis: Warehousing and distribution facilities are important for infill development because they support economic revitalization, optimize land use in urbanized areas, and align with modern supply chain demands. The West Landing Specific Plan area has been entitled since 2012, but no development has occurred in the area. The development of this site will encourage development in the entire area and will help preserve other areas on the outskirts of town for agricultural uses. The development of this site, combined with the City’s capital improvement project, will jumpstart the development of the West Landing area and help the City meet its housing needs without encroaching on agricultural uses outside of the City.
3. Economic Development Goals
Goal 7.A Support a wide range of economic activity in Ceres that capitalizes on the city’s location, strengthens the City’s tax base, and supports and enhances quality of life.
Goal 7.B Promote economic development that benefits the entire Ceres community through strategic investment and the expansion, attraction, and formation of jobs in ceres across diverse economic sectors.
Goal 7.C Attract and retain a mixture of businesses and employment- generating uses that are beneficial and provide a strong economic base.
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Analysis: Industrial development diversifies a city’s economic base beyond retail, services, or tourism, making the local economy more resilient during downturns.
With a diversified economy, the City will be better able to withstand shocks from a recession or a pandemic, should that occur again. Buildings like the proposed buildings can house industrial uses that generate significant property tax, business license fees, and sometimes sales tax (if they include distribution).
These revenues will help fund essential city services like police, fire protection, parks, infrastructure, and public works. Most importantly, cities that actively plan for and attract industrial investment are better positioned to compete for regional, state, or national business opportunities. Buildings like the proposed buildings are always in high demand and supporting the construction of these shell buildings will attract users to the City which in turn ensures the long-term economic success of the City.
Based on the above goals and policies, staff believes that the proposed project is supported by t
he General Plan.
WEST LANDING SPECIFC PLAN CONFORMANCE
The West Landing Specific Plan (Plan) was adopted in 2012 and covers 960 acres of land bounded by Whitmore Avenue (north), Service Road (south), Ustick Road (west), and Crows Landing (east). The Plan’s land use map accounts for a balanced mix of uses throughout the 960 acres, explicitly including up to 802,100 square feet of light industrial/business park space. The land use designation of BP Business Park for the project parcel is identified in Figure 4 below.
Figure 4: Zoning District Designation
You will notice that the im
age in Figure 4 identifies Street A bisecting the project parcel.
Please note that this street was removed from the project parcel at the request of the applicant and approved by the prior City Engineer. The proposed project does not need Street A to function and is not shown on the project site plan.
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The land use designation of BP supports warehousing and distribution uses in the Plan area. The inclusion of this land use designation in the Plan was deliberate as the sponsors of the plan anticipated these type of future uses. As discussed above, these uses provide employment opportunities for existing and future residents. The idea of a complete community rests on the idea that people can live and work in the same area, which is why the BP uses were put in close proximity to residential uses in the Specific Plan area. The placement of the BP use in this part of the Specific Plan area was also strategic for business purposes as the area has direct access to Service Road and Crows Landing Road as well as the Union Pacific rail line. The development of this site with these types of uses will leverage job creation and economic development while steering growth in the specific plan area which will help the City meet its RHNA numbers.
Overall, warehouse and distribution uses are an explicit and vital part of the West Landing Specific Plan. They were planned from the outset of the Plan as part of a balanced growth strategy that mixed employment-generating uses with new homes, commercial space, schools, and parks. Such uses are consistent with the Plan and this project will help anchor the new community that will develop around it.
ZONING CODE CONFORMANCE
Allowable Uses
The project site has a zoning district designation of
PC-68. This zoning designation was given to the
site with the West Landing pre-zoning process
during the annexation of the area. The underlying
development standards are not described in the
Specific Plan, but in a PC zone, the zoning district
designation and development standards usually
match the land use designation, which in this case
would be the M-1 Zoning District. Warehousing
and distribution uses are permitted in the M-1
Zoning District. As such, it is assumed they are
allowed in PC-68. The zoning district map is shown
in Figure 5.
Figure 5: Zoning District Designation
Development Standards
In the M-1 Light Industrial Zoning District, lots shall be a minimum of 10,000 square feet and be a minimum of 100 feet wide and 100 feet deep. The proposed parcelization of the project site meets these requirements.
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In this zoning district, there needs to be a 15-foot front setback, a 15-foot side setback, and there are no rear setback requirements. There is also no height restriction in this zoning district. The site conforms to all of these development standards.
This zoning district has a large parking requirement that does not fit the model of the applicant’s existing warehouse buildings. Per the code, warehouse uses require one space per 1,000 square feet of building area. However, that means that between the two warehouses proposed, there would need to be 499 parking spaces. This requirement is out of date and prohibits the applicant from securing a tenant that will bring the desired user to the area as more parking limits the size of the building, which in turn limits the tenant. The project has a total of 421 parking stalls which exceeds the number of parking spaces the tenants at the applicant’s other local warehouses need. As such, staff is supportive of the reduced parking requirement and asks that the Commission consider this reduction with their approval.
Design Standards
The City of Ceres has not adopted objective industrial design standards. The West Landing Specific Plan does have design standards for office uses in the BP land use designation, but the Guidelines are vague as to the design expectations for larger industrial uses like warehouse buildings and distribution facilities. The Design Guidelines are more concerned with site functionality and circulation for the larger industrial projects and having ample landscaping on site. For this project, the applicant intends to construct the warehouses in a similar style to their existing warehouses on Whitmore Avenue. The design of these buildings will be neutral, allowing future development to set the design tone in the West Landing area. An example elevation is shown in Figure 6. There is ample landscaping for the project site along Service Road and Street B, which will mask the large blank expanse of the exterior walls. Future projects on Parcels 1 and 2 will be required to have a better street presence along Crows Landing Road as they will be more visible and serve as an entrance point into the West Landing area. Sample landscaping is shown in Figure 7. The code requires that all uses provide landscaping which shall be maintained and be consistent with the City’s Water Efficient Landscape Guidelines and Standards and the State of California Model Water Efficiency Landscape Ordinance (MWELO) requirements. The project has been conditioned to have landscaping that is maintained and that is in compliance with the City’s standards and MWELO standards.
Figure 6: Project Elevation Sample
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Figure 7: Project Landscaping
Site Plan Approval
Per Section 18.19.060.I a new building in the M-1 zoning district requires site plan approval. There are no specific findings that the Commission needs to make per the code to approve a site plan, but generally, to be able to approve a site plan, the project should be an allowable use in the zoning district; project should be consistent with the General Plan; the project should be consistent with the development standards of the zoning district; the project should provide appropriate and safe circulation in and out of the site and around the site; the project should be in compliance with the California Environmental Quality Act; and the project should generally be a compatible use in the community. As discussed in this staff report, the project conforms to the General Plan land use designation; the project is an allowable use in the zoning district; the project is in conformance with the West Landing Specific Plan; the project adheres to all development standards; the site has appropriate fire acce ss; the site has appropriate ingress and egress; and the project is consistent with the previously certified West Landing Specific Plan EIR (as discussed below).
Based on the analysis presented above and below, staff is recommending approval of the proposed site plan review application.
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Tentative Parcel Map
Per section 17.05.110 of the Ceres Municipal Code, the Planning Commission makes reverse findings for approval of a Tentative Parcel Map. This means that the Commission is looking for a way to disapprove a map, rather than approving the map. In this case, the Commission shall disapprove of a map if it can make any of the findings below. If none of the findings can be made for disapproval, the Commission may approve the map.
The necessary findings are below:
1. That the proposed map is inconsistent with the general plan or any applicable specific plan, or other applicable provisions of this Code; Analysis: As discussed above, the project is consistent with the General Plan. This finding cannot be made.
2. That the site is not physically suitable for the type of development; Analysis: As discussed above, the site is physically appropriate for the proposed development.
3. That the site is not physically suitable for the proposed density of development;
Analysis: The proposed project is a non-residential project and there is no density calculation to consider.
4. That the design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
Analysis: As discussed below the site is consistent with the West Landing Specific Plan EIR. No additional mitigation measures are needed and there are no new impacts proposed by the project.
5. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
Analysis: The proposed development will not cause serious health problems as the site has been conditioned to connect to City utilities, and will have appropriate trash disposal.
6. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the Commission may recommend approval of a map if it finds that alternate easements, for access or for use, will be provided, and that these will be Planning Commission Meeting - August 18, 2025
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substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the Commission to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision; or
Analysis: There is no public access easement on this property.
7. Subject to section 66474.4 of the Subdivision Map Act, that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with California Government Code section 51200) and that the resulting parcels following a subdivision of the land would be too small to sustain their agricultural use (California Government Code section 66474).
Analysis: There are no California Conservation contracts or easements on this site.
Since none of the findings for the proposed Tentative Map can be made, the Commission has no basis for disapproving the proposed tentative map. As such, staff makes a recommendation of approval for the Tentative Map.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed project is determined to be consistent with the West Landing Specific Plan Environmental Impact Report (EIR) (SCH# 2008122087) pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. The project is located within the boundaries of the West Landing Specific Plan and is consistent with the land use designation and development intensity analyzed in the certified EIR. As required under CEQA Section 15162, the City has evaluated whether there are any substantial changes to the project, the circumstances under which it is undertaken, or new information of substantial importance that would result in new significant environmental effects or a substantial increase in the severity of previously identified impacts. Based on the proposed project, staff concluded that none of these conditions exist. The proposed project does not introduce new or more sever environmental impacts than those previously analyzed and the project applicant will be required to implement all applicable mitigation measures identified in the West Landing Specific Plan EIR. Therefore, no subsequent or supplemental EIR is required, and the project is determined to be within the scope of the previously certified EIR.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission:
1. Find the proposed project consistent with the West Landing Specific Plan Environmental Impact Report (SCH # 2008122087), and make the determination Planning Commission Meeting - August 18, 2025
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that there is no additional environmental review needed per CEQA Section 15162; and
2. Adopt a Resolution approving a Tentative Parcel Map and Site Plan Approval for the Warehouse 18 and 19 project located at 3807 Crows Landing Road (APN: 056- 055-014).
Attachments:
1. Draft PC Resolution 25-16
2. Exhibit A- Conditions of Approval
3. Exhibit B- Approved Plan Set
4. Exhibit C- Approved Tentative Parcel Map
Reviewed by:
___/s/_______________________________________ __ 08/14/25 _______ Lea C. Simvoulakis, Planning Consultant Date
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RECORDING REQUESTED BY:
CITY OF CERES
When Recorded mail to:
City of Ceres
Community Development Department
2220 Magnolia Street
Ceres, CA 95307
DRAFT
RESOLUTION NO. PC 25-16
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CERES APPROVING A SITE PLAN FOR THE WAREHOUSE 18 AND 19 PROJECT
AND APPROVING A TENTATIVE PARCEL MAP AND FINDING THE
PROJECT TO BE CONSISTENT WITH THE WEST LANDING SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT (SCH # 2008122087)
LOCATED AT 3807 CROWS LANDING ROAD, CERES CA 95358
(APN: 056-055-014)
FILE NOS. 25-13 SP AND 25-14 TPM
WHEREAS, the Planning Commission held a duly noticed public hearing on August 18, 2025 at 6:00 p.m. and considered a Tentative Parcel Map and Site Plan Approval for the Warehouse 18 and 19 project; and
WHEREAS, the property affected by this resolution is located at 3807 Crows Landing Road, Ceres, CA 95307, identified by Assessor’s Parcel Number 056-055-014; and
WHEREAS, the Planning Commission based on the evidence within the staff report and project file find that:
1. The proposed Tentative Parcel Map and Site Plan Approval are consistent with the purpose and intent of the BP Business Park land use designation of the Ceres General Plan in that the BP land use designation supports light industrial and warehousing projects.
2. The proposed Tentative Parcel Map and Site Plan Approval are consistent with the purpose and intent of the BP Business Park land use designation as outlined in the West Landing Specific Plan in that the warehousing use is an allowable use and an anticipated use in the Specific Plan.
3. The proposed project is consistent with the PC-68 Zoning District in that the proposed project conforms to the necessary development standard of the proposed zoning district.
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4. The Commission is unable to make the findings necessary to disapprove the tentative parcel map.
5. With the conditions of approval imposed on this project, the project will have no adverse effect on surrounding properties or on any wildlife or wildlife habitat beyond those previously identified and mitigated for in the West Landing Specific Plan EIR (SCH # 2008122087).
6. The conditions stated in the decision are deemed necessary to protect the public health, safety, and general welfare of the community.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Ceres as follows:
Section 1. The Planning Commission hereby confirms that the project requires no further environmental review per Section 15162 Subsequent EIR and Negative Declarations of the California Environmental Quality Act (CEQA) in that no new substantial changes are proposed in the project that require revision of the previous EIR as the proposed project was contemplated in the environmental document; there are mitigation measures previously adopted to mitigate and reduce any impacts; and there have been no other substantial changes that merit a revision of the previously certified document.
Section 2. The operation of the proposed project requires compliance with the conditions of approval contained in this resolution and attached as Exhibit “A” on file in the Community Development Department, as well as the approved plan set attached as Exhibit “B”, and the approved Tentative Parcel Map attached as Exhibit “C”, which shall be binding on all heirs, assignees, and successors in interest of said property.
Section 3. The Director of Community Development or designee is hereby directed to record this Resolution at the office of the County Recorder of the County of Stanislaus.
Section 4. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020 (d) (1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety (90) day appeal period in which you may protest these fees, dedications, and reservations other exactions, pursuant to Government Code Section 66020 (a), has begun. If you fail to file a protest within this ninety (90) day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exaction.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Ceres at a regularly scheduled public hearing held on the 18th day of August 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
GARY CONDIT, CHAIRPERSON
CITY OF CERES
PLANNING COMMISSION
ATTEST:
________________________________
ANN MONTGOMERY
ADMINISTRATIVE SECRETARY
CITY OF CERES
ATTACHMENTS:
Exhibit A: Conditions of Approval
Exhibit B: Approved Plan Set
Exhibit C: Approved Tentative Parcel Map
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EXHIBIT A
City of Ceres Community Development Department
Conditions Of Approval- Planning Commission
Approved by the Planning Commission on: August 18, 2025
Project File Nos: 25-13 Site Plan Approval and 25-14 Tentative Parcel Map Project Name: Warehouse 18 and 19
Project Address: 3807 Crows Landing Road
APN: 056-055-014
Property Owners: 3807 Crows Landing, LLC
502 E. Whitmore Avenue
Modesto, CA 95358
Project Applicant: Same as Applicant
This list of conditions is not intended to be all-inclusive or a comprehensive list of City regulations. All conditions are referenced to the Warehouse 18 &19 project on file with the City of Ceres, Community Development Department, Planning Division.
City of Ceres Community Development Department: Planning Division
1. Approval. This Tentative Parcel Map and Site Plan Approval are approved subject to these specific conditions. Any variation from the approved plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.
2. Conformance to Plans. This approval is dependent upon and limited to the proposals and plans contained, supporting documents submitted, and presentations made to staff as affirmed to by the applicant and presented on the plans. Any variation from these plans, proposals, supporting documents or presentations is subject to review and approval prior to implementation.
3. Expiration. This approval shall expire two years from this date on August 18, 2027, unless altered and/or extended per State law. The Tentative Map and Site Plan approval must be extended together. Prior to expiration, the owner/developer may apply for an extension, to be approved by the Community Development Director, not to exceed a total of two (2) years from the original date of expiration. It shall be the responsibility of the applicant/property owner to be aware of the expiration of this entitlement Planning Commission Meeting - August 18, 2025
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EXHIBIT A
and
take the necessary steps to ensure the approval of this entitlement remains valid. It shall not be the City of Ceres’ responsib ility to notify the applicant/property owner of the project’s expiration date. If an approved entitlement expires, the applicant/property owner shall be required to submit a new application request for this project.
4. Owner Obligation. All conditions of approval shall be satisfied by the owner/developer. If at any time, any of the Conditions of Approval are found to be in non-compliance, City enforcement action may be implemented. Costs associated with compliance with the conditions shall be at the owner/developer’s expense.
5. Fees. The developer shall pay all applicable processing fees, permit fees, City development fees, fire fees, school fees, drainage fees, habitat conservation fees and other public entity fees in effect at the time of the issuance of a building permit.
6. Utility Companies. The applicant is responsible for contacting all appropriate utility companies to obtain agreements for extension and/or relocation of services necessary for the proposed development.
7. Signs. No business identification signs or any advertising signs shall be installed or displayed without the review and approval of the Community Development Department, and all proposed advertising signs shall comply with the Sign Standards found in Chapter 26 of Title 18 of the Zoning Ordinance.
8. Vested Rights. This approval does not vest applicant’s rights regarding future development. All ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the project and public improvements to be constructed by the Developer shall be those in force and effect at the time the applicable plan or permit approval is granted.
9. Responsible Agencies. The Developer is responsible for contacting all responsible and commenting agencies and ensuring compliance with any applicable fees and/or rules.
10. Subsequent Development. All activities undertaken in accordance with this approval shall comply with the City’s General Plan and Municipal Code. In cases of conflict between the City’s Municipal Code or map-specific conditions of approval, the governing priority shall be, to the extent legally permitted, as follows: 1) Municipal Code regulations, 2) project-specific conditions, and 3) standard conditions. The applicant shall comply with all regulations and code requirements of the Community Development Director, City Engineer, and Building Official, the Fire Chief, the Police Chief, and any other agencies requiring review of the project. If required, these agencies shall be supplied copies of the final maps, site plans, public improvement plans, grading plans, and building plans.
11. Amendments. The Planning Division may approve minor amendments to the project, provided that the amendment is st ill in substantial conformance with the original approval of this entitlement. A request for a minor amendment shall be submitted in writing to the Planning Division. Any request that is not deemed minor in nature must be presented to the Planning Commission Planning Commission Meeting - August 18, 2025
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EXHIBIT A
through the amendment process and the applicant shall pay the necessary processing fees.
12. Building Plans. The project developer shall write all conditions of approval for this project on all building permit plan check sets submitted for review and approval. These conditions of approval shall be on, at all times, all grading and construction plans kept on the project site. It is the responsibility of the building developer to ensure that the project contractor is aware of, and abides by, all conditions of approval. Prior approval from the Director must be received before any changes are constituted in site design, grading, building design, building colors or materials, etc.
13. Additional Information. Upon Building Permit submittal, the applicant is required to show grading, access, paving, striping, storm drain system, frontage landscaping, fencing, sewer and water connections, and backflow devices to the satisfaction of the City Engineer. Civil drawings illustrating the required improvements for the project are required to be submitted with the building plan submittal. Any changes resulting from the review of these plans that cause substantial change to the site plan will require the project return to Planning Commission for a Site Plan Amendment.
14. Easements. As determined by the City, the applicant shall secure all necessary easements for reciprocal access, parking, landscaping and/or public utilities over the proposed pr operty. Where required, location of all easements shall be agreed to with the City prior to the issuance of building permits. These easements shall be recorded prior to issuance of a Certificate of Occupancy.
15. Failure to Comply. Should the project be found, at any time, not to comply with any of the Conditions of Approval, or should the applicant construct or operate this development in any way other than as specified in the Application or Supporting documents or presentations to staff, the Planning Commission, or City Council, as modified by the Conditions of this Approval, then the terms of this Approval shall be considered to be violated.
16. Indemnification. The applicant shall indemnify and hold harmless the City, its council members and commissioners, officers, agents, employees, and representatives from liability for any award, dam ages, costs and fees, including without limitation attorneys’ fees, incurred by the City and/or awarded to any plaintiff in any action related to or arising out of the City’s approval of this project or subdivision Map or any environmental or other documentation related to this project. The applicant further agrees to provide a defense for the City in any such action.
17. Limits of Approval. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.
18. Compliance with Local and State Laws. The subject use shall be conducted in full compliance with all local and state laws. No part of this approval shall be construed to permit a violation of any part of the Ceres Municipal Code.
This Site Plan Approval- Staff Level shall be subject to revocation if the subject use is conducted in such a manner as to cause a nuisance.
19. Changes in Law. This approval shall not preclude the application to development of the property of changes in City laws, regulations, plans or Planning Commission Meeting - August 18, 2025
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EXHIBIT A
polic
ies, the term of which are specifically mandated and required by changes in State or Federal laws or regulations.
20. Other entitlements. Approval of this application does not constitute approval of any other entitlement or any other necessary permit, license, or approval.
21. Performance Standards. Developer shall ensure ongoing compliance with City of Ceres Performance Standards, pursuant to Ceres Municipal Code Chapter 23, Title 18.
22. Parking, Loading Areas, On-Site Circulation. All on-site parking, loading areas, and on-site circulation shall conform to the approved plans dated January 31, 2025.
23. Landscaping. On-site landscaping shall conform to the approved plans and conform to the Ceres Municipal Code. The applicant, prior to building permit submittal, shall provide landscape and irrigation plans indicating the type, size and location of planted material, water usage calculations and irrigation plans.
The Director of Community Development or his designee will review and approve all landscape and irrigation plans. The Director of Community Development or his designee will review and approve all landscape and irrigation plans per Section 18.13.050.J.2. Planting areas shall be permanently maintained by water, clearing debris and litter, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials. All landscaping shall be maintained in such a manner as not to restrict designated pedestrian access. All trees, shrubs, and plants which, due to accident, damage, disease, or other cause, fail to show a healthy growth shall be replaced, in kind, pursuant to the approved landscape plans within 30 days from the identified damage date.
24. MWELO. In addition to complying with the State of California’s Model Water Efficient Landscape Ordinance (MWELO) standards, the applicant shall be required to landscape and irrigate the property as stipulated by the City of Ceres Water Efficient Guidelines and Standards.
25. Storage, Screening, and Fencing. All storage, screening, and fencing shall conform to the approved plans and conform to the Ceres Municipal Code.
26. Roof-mounted Equipment. Applicant/developer shall ensure all roof- mounted equipment shall remain screened from public street view.
27. Lighting. All on-site lighting for parking areas, pedestrian areas, and vehicular or pedestrian paths of travel shall be LED lighting. A photometric plan showing the project complies with Chapter 25, Title 18 of the Ceres Municipal Code is required at building permit. Any proposed exterior lighting will n eed to be shielded and/or directed downward and away, so as not to create any glare onto the neighboring properties.
28. Site Maintenance. The site shall be permanently maintained in a neat and clean manner free of weeds, trash, and debris.
29. CPTED. Landscaping and lighting shall be maintained to compliance with Crime Prevention through Environmental Design (CPTED) guidelines. Shrubs shall be limited to two feet in height, and mature trees shall be limbed up to six feet above the ground. Dead or dying plants shall be replaced with materials of equal size and similar variety.
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 20
ITEM 11
EXHIBIT A
30. Paving. The City will require the applicant to construct the paving improvements (for parking area/access driveway) for the project as proposed on the Site Plan, which shall be completed to the satisfaction of the City Engineer and Building Official.
31. Temporary Outdoor Storage. During the construction phase, the applicant shall ensure temporary outdoor storage of items will be screened with a fence or wall, as required. Depending on use, fences or walls shall not exceed eight (8’) feet in height including security measures, unless required for environmental mitigation or approval of the Planning Commission or City Council.
32. SJVAPCD. The applicant shall comply with the requirements of the San Joaquin Valley Air Pollution Control District regarding Rule 9510 to the satisfaction of the City of Ceres. If applicable, applicant shall submit verification of compliance or payment of fee to the satisfaction of the Director of Permits Services or designee from the Air District, prior to issuance of a building permit. Additionally, the applicant shall incorporate measures per the SJVAPCD guidelines to reduce greenhouse gas emissions to the satisfaction of the SJVAPCD and to the City.
City of Ceres Community Development Department: Building Division
33. Building Requirement. The following proposal to construct this fac ility shall be required to be in compliance with the most current adopted California Code of Regulations Title 24 at the time of the building permit application submittal date.
34. Circulation. Any and all tenant space(s) with an occupancy category allowing public access shall have an exterior circulation path in accordance with Chapter 11B of Part 1 , Volume 2 of the most current adopted California Code of Regulations Title 24.
35. Building Plans. The building plans shall be drawn by a licensed engineer or architect.
36. Demolition Permits. The applicant shall secure the necessary demolition permit(s) from the City of Ceres to demolish all/any existing structures on site.
37. Fire Code. All construction and design shall meet or exceed the California Fire Code for fire and life safety requirements, including exiting and other life safety concerns.
38. Addresses. Building addresses for both buildings shall be posted and visible from the roadway in accordance with the California Fire Code and Ceres Municipal Code.
39. Restrooms. The applicant shall provide on-site restroom facilities during construction.
40. Accessible Parking. Accessible parking stalls shall have a dimension of 17’ x 19’ with the access area on the passenger side. ADA accessibility to the proposed building shall be required per State and Federal Law and to the approval of the Building official.
41. During Construction. The following conditions shall apply:
a. If any hazardous waste is encountered during the construction of this project, then all work shall be immediately stopped and the Stanislaus Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 21
ITEM 11
EXHIBIT A
Coun
ty Environmental Health Department, the Fire Department, the Police Department, and the City Inspector shall be notified immediately.
Work shall not proceed until clearance has been issued by all of these agencies.
b. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and debris during the construction period, as is found necessary by the City Engineer.
c. If grading is to take place between October 1 and May 1, both temporary and permanent erosion control plans shall be submitted for review and approval along with the grading plan. Permanent erosion control measures shall include hydro-seeding of all graded slopes within 60- days of completion of grading.
d. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and/or geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer.
e. Sufficient surety guaranteeing the public improvements for a period of one year shall be provided.
f. If there are substantial changes in the size, alignment, grades, etc. during construction, then original "as-built" plans on the standard size sheets will be certified by the Project Civil Engineer and returned to the City Engineering Services Department office.
City of Ceres Engineering Department
Tent
ative Parcel Map
42. General Compliance. The applicant shall comply with all applicable requirements of the City of Ceres, including the Municipal Code, City Engineering Design Standards, the Subdivision Map Act, and all other applicable federal, state, and local regulations pertaining to parcel division and industrial development.
43. Parcel Map Preparation and Recordation
a. The Parcel Map shall be prepared by a licensed land surveyor or civil engineer authorized to practice land surveying in the State of California. b. The final Parcel Map shall be submitted to and approved by the City Engineer prior to recordation.
c. All existing and proposed easements, including public ut ility easements (PUE), drainage easements, and access easements, shall be shown on the Parcel Map and dedicated as necessary.
44. Public Improvements
a. No public frontage improvements (e.g., curb, gutter, sidewalk, pavement widening, utilities, or street lights) are required at the time of Parcel Map recordation. All required public improvements shall be constructed at the time of site development or building permit issuance.
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 22
ITEM 11
EXHIBIT A
b. A n
ote shall be added to the Parcel Map stating: “All required public improvements along project frontages shall be completed in conjunction with future site development. No public improvements are required for Parcel Map approval.”
45. Access and Circulation
a. Legal and physical access shall be provided to each parcel. All access points will be reviewed and conditioned as part of future site development review.
b. Cross-access easements and internal circulation routes shall be established as needed to support multi-tenant or phased industrial development and shall be recorded prior to issuance of building permits. c. Emergency vehicle access shall be reviewed and approved by the City Engineer and Fire Department during site plan review.
46. Utility Services
a. All water, sewer, storm drainage, and other utility connections shall be evaluated and installed at the time of site development. The Parcel Map shall reflect utility easements as needed to accommodate future service lines.
b. Shared utility easements may be required if a single service laterals or joint utility corridors serve multiple parcels.
47. Drainage and Stormwater Compliance
a. No on-site grading or drainage improvements are required at the Parcel Map stage. All stormwater management and low-impact development (LID) features shall be incorporated during the site development process, in compliance with the City’s stormwater regulations and State Water Resources Control Board requirements.
b. Drainage easements shall be recorded if off-site or shared drainage paths are proposed in the future development.
48. Right-of-Way and Dedications
a. Any right-of-way dedications consistent with the City’s General Plan, Circulation Element, or Zoning requirements shall be shown on the Parcel Map.
b. Physical frontage improvements, including pavement widening, curb and gutter, sidewalk, and landscaping, will be required at the time of development and shall not be deferred beyond the project-level entitlement.
49. Fees and Improvement Securities
a. No improvement bonds or construction securities are required at the Parcel Map stage.
b. All applicable development impact fees, utility connection fees, and securities for public improvements shall be collected and processed during the site development phase or at building permit issuance.
50. Phasing and Project Coordination
a. a. If development is phased, all conditions applicable to each phase, including frontage and ut ility improvements, shall be clearly addressed through site plan review and associated improvement plans. b. b. Parcel configuration shall not preclude orderly development of the site or adjacent parcels.
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 23
ITEM 11
EXHIBIT A
51. Civ
il Drawings. Civil drawings illustrating required improvements (i.e. water and sewer services, a storm drain system, paved parking area, and commercial curb cuts) are required to be submitted with the building plan submittal for each building.
52. City Standards. The applicant shall install all required improvements (including parking area, driveway approaches, and curb, gutter, sidewalk) to the Standards of the Engineering Services Department. The applicant shall obtain approval of an Encroachment Permit through the Engineering Services Department prior to constructing these improvements.
a. The applicant shall install all required (including curb, gutter, and sidewalk, as well as meter and backflow devices) improvements to the Standards of the Engineering Services Department.
53. Trash Enclosure. The applicant shall provide trash enclosure(s) for the project that lock and integrate design elements of the main building. The City will expect trash enclosure(s) to be identified on the site plan with details of structure illustrated on project plans upon the submittal of a building permit application for the project to the Building Division. Additionally, recycling service shall also be provided.
54. Grease Traps. The applicant shall provide a standard food service grease trap for each building that has a kitchen/food prep area, which shall be approved by the County of Stanislaus Department of Environmental Resources. The applicant/future tenant(s) shall secure the necessary permits for the food service operations.
55. Grading Plans. The applicant will be required to submit a grading and drainage plan to the Engineering Services Department. The paving improvements proposed for the project shall be completed to City Standards.
The applicant shall demonstrate that surface water runoff from the proposed building(s), including new paving and access/driveway areas, is conveyed to on-site stormwater retention facilities and that the facilities are adequately sized for the proposed changes.
56. SWPPP. The City needs a copy of a Stormwater Pollution Prevention Plan (SWPPP), prior to start of construction (grading). The applicant will be required to implement construction BMP's to prevent sediment from entering the street and the City's stormdrain inlets, which includes gravel drives at entrance/exit points, wattles, and stormdrain inlet filters, as well as keeping concrete wash, chemicals, etc. out of the stormdrain system. This shall be done to the satisfaction of the Engineering Services Department. Additional information on BMP's may be found at: www.cabmphan dbooks.com.
57. Storm Water. The applicant shall comply with the State Water Regional Control Board Storm water Best Management Practices during construction.
The project may require the developer to submit a Notice of Intent (NOI) with the State Water Resources Control Board, and obtain a Waste Discharge Identification Number (WDID). More information may be found at www.waterboards.ca.gov.
58. Utility Easements. Additional utility easements might be ne eded for sewer, water, and storm drainage.
59. Soils Report. A soils report may be required for the project. If such report is required, the report shall comply with the requirements of the current edition Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 24
ITEM 11
EXHIBIT A
of th
e International Building Code with the current California amendments.
The report shall provide design parameters for proposed building foundation, soil preparation, and specifications and recommendations for pavement sections including loading areas and fire lanes.
60. Soils Certification. The project soils engineer shall submit a soils certification prior to placement of building foundations and pavement.
61. Pavement Design. The applicant shall submit pavement design sections to the Engineering Services Department for review and approval prior to placement of pavement.
62. Water Meter. The applicant shall contact the Water Department to discuss whether or not the applicant would need to provide more than one (1) water meter for the project.
63. Water Service. The applicant shall contact the Water Department to discuss whether or not three (3) separate district water related service lines including fire service, domestic service, and irrigation service would be required.
64. Sewer Capacity. The project may be subject to providing the Engineering Services Department (209-538-5792) with water and sewer analysis to ensure the City has sufficient capacity to serve the development.
65. Encroachment Permit. Prior to any work being conducted within the City right-of-way and prior to issuance of building permits, the applicant shall obtain an Encroachment Permit from the City. Prior to issuance of the Encroachment Permit, the applicant shall submit to the City of Ceres for review and approval, improvement plans prepared by a registered Civil Engineer; shall pay plan check and inspection fees; shall provide a cost estimate of the improvements; and shall post sufficient surety guaranteeing the construction of the improvements.
66. Traffic Control Plans. The applicant shall provide traffic control plans, prepared by a registered civil engineer, for all proposed work within the City right-of-way.
67. Water Wells. The applicant shall indicate, in writing to the City, the disposition of any water well(s) and any other water that may exist within the site. If any wells are proposed to be abandoned, or if they are abandoned and have not been properly sealed, they must be destroyed per County of Stanislaus requirements.
City of Ceres Fire Department
68. Uni
form Fire Code. All construction shall conform to the requirements of the City of Ceres Building Division and City of Ceres Ordinance 84-625, as amended pertaining to the Uniform Fire Code and Ordinance 80-546, as amended, pertaining to Automatic sprinklers.
69. Sprinkler System. An approved automatic fire sprinkler system and all alarm systems are required for each building that is 5,000 square feet or more in size. Each system will need to be 24-hour monitored by an approved and UL listed monitoring station.
70. Fire Alarm System. An approved fire alarm system is required for each building and each system shall be 24-hour monitored by an approved and UL listed monitoring station.
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 25
ITEM 11
EXHIBIT A
71. Access R
oad. Access roads shall be no less than 20 feet of unobstructed width.
72. Fire Extinguishers. Fire Extinguishers shall be provided in accordance with the California Fire Code. If cooking with grease, a CLASS K Fire Extinguisher is required.
73. Knox Box. The applicant shall provide a Knox type locking key box at entrance to each building for Fire Department access. Said Knox type locking key box shall be placed at a location as approved by the Ceres Fire Department. A Knox override switch shall be provided if the entrances into the site include gated access points.
74. Fire Hydrants. Fire hydrant(s) are required. All fire hydrant(s) shall be spaced 300 feet apart in which both on and off site location to be approved by Ceres Fire Department. Fire hydrants shall also be within 50 feet of the Fire Department Connection on the same side roadway for the Automatic Fire Sprinkler System. They shall be connected to a minimum main size of 8 inches for a dead-end hydrant and 6 inches for a looped system. Each hydrant shall be Rich 960 or equal and be within 50 feet of each Fire Department Connection (FDC). Fire Department Connections (FDC’s) shall be located per Ceres Fire Department specifications.
75. Fire Main Layout. Fire main layout shall be reviewed and approved by the Ceres Fire Department. All water systems shall be looped when supplying more than one hydrant.
76. EVA. All Emergency Vehicle Access points and proposed utilities shall ensure cross-easements and shall be located per the proposed development plans unless modified by these conditions. All Emergency Vehicle Access shall be constructed of an all-weather material approved by the Ceres Fire Department.
77. Security Lighting. The applicant shall provide on-site security lighting to the satisfaction of the Ceres Fire Department.
78. Fire Inspections. A minimum of 48-hour notice is required for inspections.
79. Vertical Obstructions. All vertical obstructions shall be higher than 13 feet 6 inches.
80. Address Numbers. Address numbers on the building shall clearly be visible from the street in contrasting color. Front and rear doors to have address numbers (or Suite numbers) 6” in size.
81. Fire Lanes. The applicant shall mark fire lanes within the project in the locations as approved by the Fire Marshall
82. All Weather Signage. Permanent all weather signage (minimum 3 inch letters/numbers – red background with white letters – shall be installed at:
a. Main Electrical Disconnect
b. Main Gas Shutoff
c. Electrical Room
City of Ceres Police Department
83. Pu
blic Peace, Safety, Morals. The project will be required to conform to the provisions of the Public Peace, Safety, and Morals section of the Ceres Municipal Code.
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 26
ITEM 11
EXHIBIT A
84. Al
cohol. The sale or consumption of alcoholic beverages shall be in accordance with the California Department of Alcoholic Beverage Control.
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 27
ITEM 11
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 28
ITEM 11
PROPOSED SITE PLAN
25013
JWD
JWC
1/31/25
AS NOTED
05/23/2025
HEIGHT:
PROPOSED
PROPOSED C/L
PROPOSED C/L
(;+,%,7%
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 29
ITEM 11
25013
JWD
JWC
1/31/25
AS NOTED
05/23/2025
LANDSCAPE PLANTING PLAN
"B" STREET PLANTING DETAIL
OLEA EUROPAEA "LITTLE OLLIE"ICEBURG ROSE, WHITE
TRACHELOSPERMUM ASIATICUMCAREX DIVULSA
L1.0
2 L1.0
6 L1.0
3 L1.0
6 L1.0
5 SERVICE ROAD PLANTING DETAIL
L1.0
6 L1.0
3 L1.0
5 L1.0
7 05/23/20
.
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 30
ITEM 11
8'-0"
EQEQ
2500psi DRILLED
PER FOOTING
3"x 3"x 11ga FENCE
POST AT 7'-0" O.C.
MAX
1"x 1"x 14ga FACE
MOUNTED PICKETS
1 1/2"x 1 1/2"x 11ga
RAILS, TYP.
8'-0"
1'-6"
3"x 3"x 11ga FENCE
POST AT 7'-0" O.C.
MAX
1 1/2"x 1 1/2"x 111ga
RAILS, TYP
1 1/2"x 1 1/2"x 11ga
RAILS, TYP
1"x 1"x 14ga FACE
MOUNTED PICKETS
8'-0"
1'-6" 11"
4 1/2"
SEE PLAN
34" MIN TO 44" MAX
4"x 4"x 11ga GATE
POST, TYP.
2"x 2"x 11ga
RAILS, TYP
1"x 1"x 14ga FACE
MOUNTED PICKETS
DOMED STEEL
CAPS
6" WELDABLE BUTT
HINGE SELF CLOSING
(2) PER GATE.
10"x 12ga KICK
PLATE WELDED
TO GATE
10"x 12ga PANIC PLATE
WELDED TO GATE W/
VON DUPRIN 99 PANIC
HARDWARE
1"x 1"x 14ga FACE
MOUNTED PICKETS
EXPANDED METAL
MESH ABOVE & BELOW
PANIC BAR .
EXPANDED METAL
MESH WITHIN 18" OF
ACCESSIBLE GATE
ON BOTH SIDES
8' FENCE FOOTING DETAILS
TYPICAL 8' FENCE PANEL MANGATE DETAIL
FOR ALL CONNECTIONS USE 1/8" FILLET WELD MINIMUM. WELD ALL SIDES NOTE:
25013
JWD
JWC
1/31/25
AS NOTED
05/23/2025
ORNAMENTAL FENCE ELEVATIONORNAMENTAL FENCE ELEVATION
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 31
ITEM 11
12"W
12"W12"W
12"W12"W
12"W
18"SD
18"SD
18"SD
18"SD
CROWS LANDING
ROAD
SERVICE ROAD
PARCEL 2
15.20 GROSS AC.±
13.58 NET AC.±
PARCEL 1
14.53 GROSS AC.±
13.58 NET AC.±
PARCEL 3
12.53 GROSS AC.±
11.66 NET AC.±
PARCEL 4
12.41 GROSS AC.±
12.18 NET AC.±
PARCEL 5
2.45 GROSS AC.±
1.61 NET AC.±
EEET
188SSSDDDDD
1888"SSSSDDDDDDDDSSS"""881
DDDDSSSSSSSS88
MODESTO, CA. 95354
HAWKINS & ASSOCIATES
ENGINEERING, INC.
436 MITCHELL ROAD
FX: (209) 578 - 4295
PH: (209) 575 - 4295
OF
SHEET
1 DATE:
DATESYM. APPD.DESCRIPTION OF REVISION
CHK:
BY:
DATE: RODRICK H. HAWKINS RCE 50188, PLS 9489
ANDREW S. FOX RCE 84375
3807 CROWS LANDING ROAD, LLC, A CA LLC
A.P.N. 056-055-014
3807 CROWS LANDING ROAD, CERES, CALIFORNIA 95358
1 3717.00
3/19/2025
CONCEPTUAL PLANNING EXHIBIT FOR:
TENTATIVE PARCEL MAP
RCS
RHH
PROJECT LOCATION
ASSESSOR'S PARCEL NO.
OWNER/SUBDIVIDERGENERAL NOTES
GENERAL STATEMENTS
VICINITY MAP
PROJECT
SITE
18"SD
12"W
LEGEND
EXHIBIT C
Planning Commission Meeting - August 18, 2025
Agenda Item 3 - Page 32
ITEM 11
ATTACHMENT D
City of Ceres
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on October 27, 2025, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to the following:
An appeal of the Planning Commission’s Approval of Site Plan Approval 24-13 SPA and Tentative Parcel Map 25-14 TPM for the Warehouse 18 and 19 Project, located at 3807 Crows Landing Road (APN: 056-055-014). The Site Plan Approval and Tentative Parcel Map will allow the subdivision of a 57.34- acre parcel into five parcels to construct up to two 249,200 square-foot single-story warehouses.
The proposal was reviewed pursuant to the California Environmental Quality Act (CEQA) and was determined to be consistent with the West Landing Specific Plan EIR (SCH# 2008122087) per CEQA Section 15162. The City has determined that 1) there is substantial evidence that none of the conditions requiring preparation of subsequent environmental document exist; and 2) the City will rely on the previously prepared EIR which adequately addresses this project.
All interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.
Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.
If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Posted: October 15, 2025
ITEM 11
ITEM 11
City of Ceres
Warehouse 18 and 19
25-13 SPA and 25-14 and TPM
Appeal Hearing
City Council Meeting
Monday, October 27, 2025
City Hall Council Chambers, 6:00 PM
ATTACHMENT E
ITEM 11
CITY OF CERES
Project Site Plan
- G3
Warehouse
18 and 19 site
- Proposed
parcels
2 ITEM 11
ATTACHMENT E
CITY OF CERES
Proposed Tentative Map
3 ITEM 11
ATTACHMENT E
CITY OF CERES
Existing Project Site
4 ITEM 11
ATTACHMENT E
CITY OF CERES
Current Land Use Designation: BP
5 Subject Property
ITEM 11
ATTACHMENT E
CITY OF CERES
Current Zoning Designation: PC-68
6 Subject Property
ITEM 11
ATTACHMENT E
CITY OF CERES
West Landing Specific Plan Designation
7 Subject Property
ITEM 11
ATTACHMENT E
CITY OF CERES
Elevations
8 ITEM 11
ATTACHMENT E
CITY OF CERES
Environmental Review
9 The proposed project is determined to be consistent with the West Landing Specific Plan Environmental Impact
Report (EIR) (SCH# 2008122087) pursuant to Section
15162 of the California Environmental Quality Act (CEQA) Guidelines.
ITEM 11
ATTACHMENT E
CITY OF CERES
Staff Recommendations:
10 Staff recommends that the City Council:
1. Find the proposed project consistent with the West Landing Specific Plan Environmental Impact Report (SCH # 2008122087), and make the determination that there is no additional environmental review needed per CEQA Section 15162; and
2. Adopt a Resolution denying the appeal of Planning Commission’s Approval of the Site Plan Approval Application (SP) 25-13 and Tentative Parcel Map Application (TPM) 25-14 for the Warehouse 18 and 19 Project located at 3807 Crows Landing Road, Ceres, CA (APN: 086-034-004).
ITEM 11
ATTACHMENT E
ATTACHMENT F
ITEM 11
ATTACHMENT F
ITEM 11
ATTACHMENT F
ITEM 11
ATTACHMENT F
ITEM 11
Karen Sibley, Property Owner
Charles R. Evins II, Evins Funeral Home — Funeral Director; New Bethany Missionary Baptist Church — Pastor; Silver Square Lodge #66 — Past Master
3637 Crows Landing Rd., Ceres, CA 95358
[email protected] | 209-595-6966
October 22, 2025
Fallon Martin
City Clerk
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Phone: 209-538-5731
Email: [email protected]
Subject:
Request for Extension of Hearing Date — Appeal Regarding G3 Project Impacts Dear Ms. Martin,
I am respectfully requesting a short extension of the scheduled hearing date for our pending appeal regarding the G3 project. We are currently in the process of having our attorney review the circumstances surrounding this matter, and additional time is needed to allow adequate legal review and preparation.
As background, we have previously submitted letters to the City of Ceres and to the City Engineer at the City’s request, outlining our concerns and proposed resolutions. The City Engineer indicated he would contact G3 on our behalf; however, we have not received any follow-up communication.
We also reached out directly to G3 regarding mediation efforts. Although they informed the City Planning Commission that they would work cooperatively with us, there has been little progress. G3 did extend an offer of $25,000, but that amount is extremely minimal compared to the actual costs and impacts their project has imposed on our property and operations.
Because no substantive action has occurred to resolve these issues, and because our counsel requires time to properly evaluate and advise us on our appeal, we respectfully request that the hearing be postponed to a later date to allow for full preparation and meaningful dialogue among the parties.
ATTACHMENT G
ITEM 11
We appreciate the City’s understanding and cooperation in this matter and remain committed to working toward a fair and constructive resolution.
Sincerely,
Karen Sibley, Property Owner
Charles R. Evins II, Evins Funeral Home — Funeral Director; New Bethany Missionary Baptist Church — Pastor;
Silver Square Lodge #66 — Past Master
3637 Crows Landing Rd., Ceres, CA 95358
[email protected] | 209-595-6966
ATTACHMENT G
ITEM 11
Date: September 19, 2025
TO: Mr. Mike Beltran, Director of Engineering, City of Ceres FROM: Karen Sibley, Property Owner
Charles R. Evins II, Funeral Director, Evins Funeral Home & Crematorium Senior Pastor, New Bethany Missionary Baptist Church
Past Master, Silver Square Lodge #66
3637 Crows Landing Rd., Ceres, CA 95358
⸻
Re: Request for Consideration of Mitigation Commitments Dear Mr. Beltran,
First, we would like to thank you for offering to speak to G3 on our behalf regarding the mitigation requests outlined in this summary. As neighbors directly adjacent to Warehouses 18 and 19, we face significant burdens to our operations at Evins Funeral Home & Crematorium, New Bethany Missionary Baptist Church, and Silver Square Lodge #66. These institutions have served the community since 2011, and it is essential that construction proceed in a way that does not impair their ability to operate.
To ensure the project remains consistent with PC-68 original standards and City obligations, we respectfully request the following:
1) Traffic & Safety
• Install a fire lane on Crows Landing Road.
• Install traffic lights and crosswalks at the Crows Landing/B Street intersection, as would have been triggered by PC-68.
• Widen B Street to improve circulation and procession flow and to allow diagonal parking to accommodate funeral processions and customer access. • Construct a total of four driveways with electric rolling gates — two on B Street and two on Crows Landing Road — to ensure safe ingress/egress for processions and customers.
2) Utilities, Landscaping & Aesthetics
• Cover all fees for connecting water and sewer to 3637 Crows Landing Road when the new road is installed.
• Plant mature trees along the B Street side to screen the warehouses and provide privacy for our business (required under the California Funeral & Cemetery Bureau and Business & Professions Code).
• Landscape the Crows Landing Road frontage in front of G3’s property consistent with original PC-68 setback and beautification requirements. 3) Community Recognition & Shared Access
ATTACHMENT H
ITEM 11
• Officially name B Street as Evins Street in recognition of our long-standing service to the community.
• Agree that we, or any business located at 3637 Crows Landing Road, may use G3’s parking lot on the corner of B Street and Crows Landing Road for customers in the future, should expansion or new City requirements occur.
We deeply appreciate your willingness to ensure these matters are communicated to G3 and incorporated into the City’s oversight of the project. Our goal is to achieve a good neighbor solution that allows development to proceed while protecting vital community services.
Respectfully,
Charles R. Evins II
Funeral Director, Senior Pastor, and Past Master
Karen Sibley
Property Owner
ATTACHMENT H
ITEM 11
Evins Funeral Home & Crematorium
3637 Crows Landing Rd.
Ceres, CA 95358
Phone: 209-595-6966
September 18, 2025
TO: Board of Directors, G3
FROM:
Karen Sibley, Property Owner
Charles R. Evins II, Funeral Director, Evins Funeral Home & Crematorium Senior Pastor, New Bethany Missionary Baptist Church
Past Master, Silver Square Lodge #66
3637 Crows Landing Rd.
Ceres, CA 95358
Re: Request for Consideration of Property Purchase or Mitigation Assistance Dear Members of the G3 Board,
We are writing to you as neighbors and community members whose property lies directly adjacent to your approved development of Warehouses 18 and 19. We acknowledge that G3 is an established company with deep community roots, and while our businesses have not been here for as many generations, since 2011 we have invested significant time, money, and commitment in building up our funeral home, crematorium, church, and lodge to serve this community.
Unfortunately, the impacts of your project will place heavy burdens on us. Dust, construction disruption, and loss of privacy will make it very difficult to continue operating our funeral home and crematory in a way that honors the dignity of the deceased and their families. We have also been told by City engineers that additional requirements will now be imposed on our property because of changes your project triggers — including removal of our existing fencing (critical to funeral home privacy), reconfiguration of parking lots and buildings, and compliance with new site standards.
Recently, we were approached by your real estate agent, Mr. Mike Ash, who offered us $35,000 to withdraw our appeal to the City Council. Respectfully, this amount is far below what is needed to address the required improvements and disruptions. By our estimates, the upgrades and adjustments necessary to maintain our operations will cost approximately $350,000. Offering only $35,000 — about one percent of the true value of our property — is not a workable solution. However, if a fair and reasonable agreement can be reached, we would be willing to withdraw our appeal with the City of Ceres.
In addition to the concerns already raised, we must also emphasize the following additional expenses and burdens we will face as a direct result of this project:
ATTACHMENT I
ITEM 11
- We will be required to install two 40-foot driveways with rolling gates, aligned with the new G3 road. - We will need to connect to City water service when the road is installed; otherwise, we will permanently lose the ability to connect.
- We must install landscaping on the north side of the new B Street. - According to the original PC-68 standards, the developer is required to install traffic lights and crosswalks. The estimated cost of these improvements is approximately $1,000,000. Without these lights, we will be unable to make a left turn across Crows Landing Road to access the local cemetery.
Without them, we will only be able to turn right, creating unsafe and impractical funeral procession routes.
We have considered several possible paths forward:
1. Property Purchase: One option is for G3 to purchase our property at 1101 5th Street, Modesto — a 2,100 square-foot building on a 6,500 square-foot C-2 zoned corner lot in the Downtown Improvement District (5th & K Streets). The property has an estimated value of around $750,000. The proceeds from this sale would allow us to relocate our chapel operations to a turn-key facility during construction while maintaining crematory operations at our Ceres property.
2. Assistance with Improvements: Another option would be for G3 to assist us with the costs of the required improvements at our Ceres location. These include new fencing for privacy (required under the California Funeral & Cemetery Bureau and Business & Professions Code), re-centering our parking lot, relocating handicap parking, and other city-mandated upgrades.
We also note that in the recent past, G3 mitigated the concerns of our adjacent neighbor — a farmer — by purchasing their property and relocating them. This demonstrates that G3 already recognizes the substantial burdens its projects can create for nearby property owners and is willing to take responsible steps to address those burdens. We are simply requesting that you extend the same consideration to us, whether through acquisition of our 5th Street property or meaningful assistance with the improvements required at our Ceres location.
We also wish to emphasize that our property houses not only Evins Funeral Home & Crematorium, but also New Bethany Missionary Baptist Church and Silver Square Lodge #66. These institutions are integral to our community and will suffer directly from the impacts of this project. We are not asking for special treatment — only for recognition of the very real burdens your development creates for us and for meaningful assistance to mitigate those burdens.
We hope you will see this as an opportunity for a mutually beneficial, “good neighbor” solution — one that allows G3 to move forward with its project while also ensuring that small community institutions are not crushed in the process.
We would welcome the chance to meet with you and Mr. Ash to discuss these options further.
Respectfully,
Charles R. Evins II
Funeral Director, Senior Pastor, and Past Master
Karen Sibley
Property Owner
ATTACHMENT I
ITEM 11
12. Resolution No. 2025-XXX, Accepting the Annual Report on Development Impact Fees for Fiscal Year 2024/2025 as Required by Government Code Section 66006(b). (Beltran)
INTENTIONALLY LEFT BLANK
ITEM 12
ITEM 12
COUNCIL AGENDA REPORT
CITY COUNCIL
Javier Lopez, Mayor
James C
asey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: October 27, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Shannon Esenwein, Finance Director
[email protected], (209) 538-5764
SUBJECT: Resolution No. 202 5-XXX, Accepting the 2022-2023 City of Ceres Audited F inancial S tatements and A udit R eports for the P eriod Ended June 30, 2023
RECOMMENDED COUNCIL ACTION:
Staf
f recommends the City Council accept the 2022- 2023 City of Ceres audited Financial Statements and the Audit Reports for the period ended June 30, 2023.
I. BACKGROUND:
The in
dependently audited Annual Financial Report for the City of Ceres, as of June 30, 2023, is hereby forwarded for review and acceptance by the City Council.
The Ann
ual Comprehensive Financial Report includes basic financial statements, footnotes, supplemental information required by the Governmental Accounting Standards Board (GASB) for Generally Accepted Accounting Principles (GAAP) financial report, Management Discussion and Analysis (MD&A) of the financial statements and the City’s independent auditor’s opinion regarding the conformance of the financial statements with GAAP. Based on the audit performed by JJACPA, the City of Ceres received an unmodified opinion, also known as a clean opinion. An unmodified opinion indicates that the financial statements, taken as a whole, appear to be presented fairly. An unmodified opinion is the highest level of opinion that can be expressed on audited financial statements.
The purpos
e of the independent audit is to obtain reasonable assurance that the City’s financial statements ar e free of material misstatement and are presented in conformity with GAAP. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statement, assessing the accounting principles used and significant estimated made by management, and evaluating the overall financial statement presentation.
ITEM 13
A broader, federally mandated Single Audit, is designed to meet federal granting agencies’ needs, is also required. The standards governing Single Audit engagements require the independent auditor to report on the fair presentation of the financial statements and audited government’s internal controls and compliance with legal requirements, emphasizing internal controls and legal requirements involving the administration of federal awards. The city prepares a separate single audit report in conformity with the Federal Single Audit Act’s provisions and U.S. Office of Management and Budget Uniform Guidance.
JJACPA also performed agreed upon procedures on the Appropriations Limit Schedule and Measure H for the City of Ceres. These procedures were agreed to by the management of the City of Ceres, solely to assist with the compliance with the reporting requirements of Section 1.5 of Article XIII -B of the California Constitution and of the Stanislaus County Initiative Measure H, respectively. No exceptions were noted as a result of the agreed upon procedures.
II. REASONS FOR RECOMMENDATION:
Acceptance by the governing body of the annual audit reports is required.
III. FISCAL IMPACTS:
Accepting the 2022-2023 City of Ceres Audited Financial Statements and Audit Reports for the Period Ended June 30, 2023 does not have any fiscal impacts. The cost of the services provided by the independent accounting firm, JJACPA, was included in the City’s annual budget.
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:
File the City of Ceres Audited Financial Statements and Single Audit with the State of California Controller’s Office, Federal Audit ClearingHouse, Municipal Securities Rulemaking Board as well as all debt service providers.
ITEM 13
Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Communication Letter
3. Attachment C – Annual Comprehensive Financial Statements
4. Attachment D – GANN Report
5. Attachment E – Single Audit
6. Attachment F – Measure H Audit Report
ITEM 13
ITEM 13
ATTACHMENT A
RESOLUTION NO. 2025-XXX
ACCEPTING THE 2022-2023 CITY OF CERES AUDITED FINANCIAL
STATEMENTS AND AUDIT REPORTS FOR THE PERIOD ENDED
JUNE 30, 2023
THE CITY COUNCIL
City of Ceres
WHEREAS, the City’s financial records must be audited annually; and
WHEREAS, the City’s financial records for Fiscal Year ending June 30, 2023, were audited by the independent auditing firm of JJACPA, Inc; and
WHEREAS, an unqualified opinion has been given by the auditors of JJACPA, Inc, to these financial statements; and
WHEREAS, the report is presented in compliance with the Government Accounting Standards Board pronouncements; and
WHEREAS, acceptance by the governing body of the annual reports is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the 2022-2023 City of Ceres audited financial statements and audit reports for the period ended June 30, 2023.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 27
th day of October 2025, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 13
ITEM 13
CITY OF CERES
COMMUNICATION WITH THOSE CHARGED WITH GOVERNANCE AND
COMMUNICATION OF INTERNAL CONTROL RELATED MATTERS
JUNE 30, 2023
ATTACHMENT B
ITEM 13
7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 232-6226 1102 South Main Street, #1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com
October 21, 2025
City Council
City of Ceres
Ceres, California
We have audited the basic financial statements of the City of C eres (City) as of and for the year ended June 30, 2023 and have issued our report thereon dated October 21, 2025. Professional standards require that we advise you of the following matters relating to our audit.
Our Responsibility in Relation to the Financial Statement Audit
As communicated in our engagement letter dated June 18, 2024, our responsibility, as described by professional standards, is to form and express an opinion(s) about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in conformity with accounting principles generally accepted in the United States of America. Our audit of the financial statements does not relieve you or management of your respective responsibilities.
Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the f inancial statements are free of material misstatement. An audit of financial statements includes conside ration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opini on on the effectiveness of th e entity’s internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of City of Ceres solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control.
We are also responsible for commu nicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in ove rseeing the financial reporting process.
However, we are not required to design procedures for the purpo se of identifying other matters to communicate to you.
Planned Scope and Timing of the Audit
We conducted our audit consistent with the planned scope and timing we previously communicated to you.
ITEM 13
Compliance with All Ethics Requirements Regarding Independence
The engagement team, others in our firm, as appropriate, and ou r firm have complied with all relevant ethical requirements regarding independence.
Qualitative Aspects of the Entity’s Significant Accounting Practices
Significant Accounting Policies
Management has the responsibility to select and use appropriate accounting policies. A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements.
There have been no initial selection of accounting policies and no changes in significant accounting policies or their application dur ing fiscal year ended June 30, 2023. No matters have come to our attention that would require us, under professional standards, to inform you about (1) the methods used to account for significant unusual transactions and (2) the eff ect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus.
Significant Accounting Estimates
Accounting estimates are an integral part of the financial stat ements prepared by management and are based on management’s current judgments. Those judgments are no rmally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management’s current judgments.
The most sensitive accounting estimates affecting the financial statements are useful lives of capital assets (“useful lives”) and net pension liability.
Management’s estimate of the useful lives is based on experience with and observation of capital assets, by category (e.g. infrastructure) as well as industry standards , when applicable (i.e. buildings). We evaluated the key factors and assumptions used to develop the u seful lives and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Management's estimate of the net pension liability is based on actuarial valuations that consider various assumptions, including discount r ates, expected long-term return on plan assets, mortality rates, and projected salary increases. We evaluated the key factors and assumptions used to develop the net pension liability and determined that it is reasonable in relation to the basic financial statements taken as a whole.
Financial Statement Disclosures
Certain financial statement disc losures involve significant jud gment and are particularly sensitive because of their significance to financial statement users. The most sensitive disclosures affecting the City’s financial statements relate to commitments and contingencies.
ITEM 13
Significant Difficulties Encountered during the Audit
Although we ultimately received full cooperation of management and believe that we were given direct and unrestricted access to the Cit y's officials and senior mana gement, we experienced significant difficulties in the performance of the audit owing to the failu re of the City’s accounting personnel to prepare the requested audit sche dules as initially agreed. Thes e difficulties in receiving incomplete or inaccurately prepared audit schedules, or not receiving the requested audit schedules at all, significantly added to the time and related cost of the audit.
Uncorrected and Corrected Misstatements
For purposes of this communicatio n, professional standards requ ire us to accumulate all known and likely misstatements identified during the audit, other than th ose that we believe are trivial, and communicate them to the appropriate level of management. Furthe r, professional standards require us to also communicate the effect of uncorrected misstatements rel ated to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole and each applicable opinion unit. Management has corrected all identified misstatements.
In addition, professional standards require us to communicate to you all material, corrected adjustments that were brought to the attention of management as a result of our audit procedures. None of the misstatements identified by us a s a result of our audit procedu res and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole or applicable opinion units.
Disagreements with Management
For purposes of this letter, professional standards define a di sagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the City’s financial statements or the auditor’s report. No such disagreements arose during the course of the audit.
Representations Requested from Management
We have requested certain written representations from management, which are included in the attached letter dated October 21, 2025.
Management’s Consultations with Other Accountants
In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, the re were no consultations with other accountants regarding auditing and accounting matters.
Other Significant Matters, Findings, or Issues
In the normal course of our profe ssional association with the C ity, we generally discuss a variety of matters, including the applica tion of accounting principles and auditing standards, operating and regulatory conditions affecting the City, and operational plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted i n a condition to our retention as the entity’s auditors.
ITEM 13
Other Information in Documents Containing Audited Financial Statements
Pursuant to professional standards, our responsibility as audit ors for other information in documents containing the City’s audited fi nancial statements does not ext end beyond the financial information identified in the audit report, and we are not required to perf orm any procedures to corroborate such other information. However, in accordance with such standards, we have read the Management’s Discussion and Analysis and considered whether such information or the manner of its presentation was materially inconsistent with its presentation in the financial statements.
Our responsibility also includes communicating to you any information which we believe is a material misstatement of fact. Nothing came to our attention that caused us to believe that such information, or its manner of presentation, is m aterially inconsistent with the information, or manner of its presentation, appearing in the financial statements.
This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.
Communication of Internal Control Related Matters
In planning and performing our audit of the financial statement s, we considered the City’s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the p urpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness o f the City’s internal control.
Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allo w management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that the re is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal c ontrol was for the limited purpo se described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been ide ntified. We did identify certai n deficiencies in internal control, described in the accompanying schedule of findings and responses as item 2023-001 that we consider to be a material weakness.
This report is intended solely for the information and use of the City Council and management of the City and is not intended to be and should not be used by anyone other than these specified parties.
Very truly yours,
]ÉáxÑ{ ] TÜv{?VcT
JOSEPH J ARCH, CPA
President/CEO
JJACPA, INC.
ITEM 13
City of Ceres
Schedule of Findings and Responses
For the year ended June 30, 2023
Financial Statement Findings
Finding 2023-001
Material Weakness of Noncompliance with California Government C ode – Filing Deadline Expiration
Criteria: California Government Code, Section 26909, (a) (2), requires Cities to file an annual audit of the accounts and records with the California State Controller w ithin 12 months of the end of the fiscal year.
Condition: For the year ended June 30, 2023 the City of Ceres (City) did not file an annual audit of the accounts and records with the California State Controller within 12 months of the end of the fiscal year.
Cause: Management of the City has not implemented procedures to meet t he filing requirements outlined in the California Government Code.
Effect: The information reported to the public and other government a gencies is not timely or relevant to current City operations and potential loss of funding.
Recommendation: Management should file the audited financial statements for the year ended June 30, 2023 immediately. Additionally, the City should implement proce dures for meeting the filing requirements outlined in the California Government Code in order to provide timely reporting for future audits.
Responsible Official’s Response : Management concurs with the aud itor’s finding that a material weakness existed due to noncomplia nce with California Government Code Section 26909. The underlying causes included prolonged resource constraints withi n the Finance Department, turnover in key accounting positions, challenges associated with the ERP sy stem implementation, and delays in reconciling certain major balance sheet accounts.
To address these issues, the City engaged an external financial consultant to assist in completing outstanding bank reconciliations and restoring timely financial reporting. Management is also implementing additional corrective measures, including repriori tizing workloads, enhancing oversight of monthly close activities, and establishing standardized reconciliation checklists for all major balance sheet accounts.
Management anticipates that this finding will extend through th e Fiscal Year 2024, Fiscal Year 2025, and possibly Fiscal Year 2026 financial statement reporting cycles, with full resolution expected in Fiscal Year 2027.
ITEM 13
O*
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OFFICE OF THE CITY MANAGER
2220 Magnolia Street
Ceres, CA 95307-3600
(209) 538-5751
October 21 ,2025
This representation letter is provided in connection with your audit of Ihe govemmental activities, the business-type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison information of the City of Ceres, Califomia (City) as of June 30,2023 and for the year ended, and the related notes to the financial statements, for the purpose of expressing opinions on whether the basic financial statements present fairly, in all material respects, the financial position, results of operations, and cash flows, where applicable, of the various opinion units of the City in conformity with accounting principles generally accepted for governments in the United States of America (U.S. GAAP)
Certain representations in this letter are described as being limited to matters that are material. ltems are considered material, regardless of size, if they involve an omission or misstatement of accounting information that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement.
We confirm that, to the best of our knowledge and belief, having made such inquiries as we considered necessary for the purpose of appropriately informing ourselves as of October 21 ,2025:
Financial Statements
We have fulfilled our responsibilitles, as set out in the terms of the audit engagement dated June 18,2024 for the preparation and fair presentation of the financial statements of the various opinion units referred to above in accordance with U.S. GAAP.
We acknowledge our responsibility for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Merra. Dist.2
Cerina Otero, Dist. 3
Daniel A. lvlartinez, Dist. 4
CITY COUNCIL
a
JJAPCA, lnc.
7080 Donlon Way, Suite 204
Dublin CA, 94568
ITEM 13
. We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud. . We acknowledge our responsibility for compliance with the laws, regulations, and provisions of contracts and grant agreements.
. We have reviewed, approved, and taken responsibility for the financial statements and related notes.
. We have a process to track the status of audit findings and recommendations. . We have identified and communicated to you all previous audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented.
. Significant assumptions used by us in making accounting estimates, including those measured at fair value, are reasonable.
o Related party relationships and transactions have been appropriately accounted for and disclosed in accordance with the requirements of U.S. GAAP. o All events subsequent to the date of the financial statements and for which U.S.
GAAP requires adjustment or disclosure have been adjusted or disclosed. o The effects of all known actual or possible litigation and claims have been accounted for and disclosed in accordance with U.S. GAAP. . All component units, as well as joint ventures with an equity interest, are included and other joint ventures and related organizations are properly disclosed. r All funds and activities are properly classified.
. All funds that meet the quantitative criteria in GASB Statement No. 34, Easic Financial Statements-and Management's Drscusslon and Analysis-for State and Local Governments, and GASB Statement No. 37, Basic Financial Statements-and Managemenf's Dlscusslon and Analysis-for State and Local Govemments: Omnibus as amended, for presentation as major are identified and presented as such and all other funds that are presented as major are considered important to financial statement users.
o All components of net position, nonspendable fund balance, and restricted, committed, assigned, and unassigned fund balance are properly classified and, if applicable, approved.
. Our policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position/fund balance are available is appropriately disclosed and net position/fund balance is properly recognized under the policy. o All revenues within the statement of activities have been properly classified as program revenues, general revenues, contributions to term or permanent endowments, or contributions to permanent fund principal. . All expenses have been properly classified in or allocated to functions and programs in the statement of activities, and allocations, if any, have been made on a reasonable basis.
o All interfund and intra-entity transactions and balances have been properly classified and reported.
. Special items and extraordinary items have been properly classified and reported.
ITEM 13
. Deposit and investment risks have been properly and fully disclosed. o Capital assets, including infrastructure assets, are properly capitalized, reported, and if applicable, depreciated.
o All required supplementary information is measured and presented within the prescribed guidelines.
. With regard to investments and other instruments reported at fair value:
- The underlying assumptions are reasonable, and they appropriately reflect management's intent and ability to carry out its stated courses of action. - The measurement methods and related assumptions used in determining fair value are appropriate in the circumstances and have been consistently applied.
- The disclosures related to fair values are complete, adequate, and in conformity with U.S. GAAP.
- There are no subsequent events that require adjustments to the fair value measurements and disclosures included in the financial statements. lnformation Provided
We have provided you with:
- Access to all information, of which we are aware that is relevant to the preparation and fair presentation of the financial statements of the various opinion units referred to above, such as records, documentation, meeting minutes, and other matters;
- Additional information that you have requested from us for the purpose of the audit; and
- Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence.
All transactions have been recorded in the accounting records and are reflected in the financial statements.
We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud.
We have no knowledge of any fraud or suspected fraud that affects the entity and involves:
- Management;
- Employees who have significant roles in internal control; or - Others where the fraud could have a material effect on the financial statements.
We have no knowledge of any allegations of fraud, or suspected fraud, affecting the entity's financial statements communicated by employees, former employees, vendors, regulators, or others.
We are not aware of any pending or threatened litigation and claims whose effects should be considered when preparing the financial statements.
We have disclosed to you the identity of the entity's related parties and all the related party relationships and transactions of which we are aware. a
a
ITEM 13
There have been no communications from regulatory agencies concerning noncompliance with or deficiencies in accounting, internal control, or financial reporting practices.
The City has no plans or intentions that may materially affect the carrying value or classification of assets and liabilities.
We have disclosed to you all guarantees, whether written or oral, under which the City is contingently liable.
We have disclosed to you all significant estimates and material concentrations known to management that are required to be disclosed in accordance with GASB Statement No. 62 (GASB-62), Codification of Accounting and Financial Reporting Guidance Contained in Pre-November 30, 1989 FASB and AICPA Pronouncemenfs. Significant estimates are estimates at the balance sheet date that could change materially within the next year. Concentrations refer to volumes of business, revenues, available sources of supply, or markets or geographic areas for which events could occur that would significantly disrupt normal finances within the next year.
We have identified and disclosed to you the laws, regulations, and provisions of contracts and grant agreements that could have a direct and material effect on financial statement amounts, including legal and contractual provisions for reporting specific activities in separate funds.
There are no:
- Violations or possible violations of laws or regulations, or provisions of contracts or grant agreements whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency, including applicable budget laws and regulations. - Unasserted claims or assessments that our lawyer has advised are probable of assertion and must be disclosed in accordance with GASB-62. - Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by GASB-62
The City has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset or future revenue been pledged as collateral, except as disclosed to you.
We have complied with all aspects of grant agreements and other contractual agreements that would have a material effect on the financial statements in the event of noncompliance.
We are responsible for understanding and complying with and have complied with the requirements of the Uniform Guidance.
We are responsible for the preparation and presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance.
We believe the schedule of expenditures of federal awards, including its form and content, is fairly presented in accordance with the Uniform Guidance.
As part of your audit(s), you prepared the draft financial statements and related notes and schedule of expenditures of federal awards. We have designated an a
a
rt
a
a
With respect to federal award programs:
ITEM 13
individual with suitable skill, knowledge, or experience to oversee your services and have made all management decisions and performed all management functions. We have reviewed, approved, and accepted responsibility for those financial statements and related notes and schedule of expenditures of federal awards.
. The methods of measurement or presentation have not changed from those used in the prior period.
. We are responsible for including the auditor's report on the schedule of expenditures of federal awards in any document that contains the schedule and that indicates that the auditor has reported on such information. . We have notified you of federal awards and funding increments that were received before October 21, 2025 and differentiated those awards from awards and funding increments received on or after October 21, 2025, and the Uniform Gu idance.
. When the schedule of expenditures of federal awards is not presented with the audited financial statements, management will make the audited financial statements readily available to the intended users of the schedule of expenditures of federal awards no later than the date of issuance by the entity of the schedule of expenditures of federal awards and the auditor's report thereon. e We have, in accordance the Uniform Guidance, identified in the schedule of expenditures of federal awards, expenditures made during the audit period for all awards provided by federal agencies in the form of grants, federal cost- reimbursement contracts, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, food commodities, direct appropriations, and other assistance.
o We have no knowledge of any instances, that have occurred or are likely to have occurred, of fraud and noncompliance with provisions of laws and regulations that have a material effect on the financial statements or other financial data significant to the audit objectives, and any other instances that warrant the attention of those charged with governance, whether communicated by employees, former employees, vendors, regulators, or others. . We have no knowledge of any instances that have occurred or are likely to have occurred, of noncompliance with provisions of contracts and grant agreements that has a material effect on the determination of financial statement amounts or other financial data significant to the audit objectives. o We have no knowledge of any instances that have occurred or are likely to have occurred of abuse that could be quantitatively or qualitatively material to the financial statements or other financial data significant to the audit objectives. o We have taken timely and appropriate steps to remedy fraud, noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that you have reported to us.
. We have a process to track the status of audit findings and recommendations. r We have identified for you all previous audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented.
ITEM 13
a
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We have provided views on your reported audit findings, conclusions, and recommendations, as well as our planned corrective actions, for the report.
We are responsible for complying with the requirements of laws, regulations, and the provisions of contracts and grant agreements related to each of our federal programs and have identified and disclosed to you the requirements of laws, regulations, and the provisions of contracts and grant agreements that are considered to have a direct and material effect on each major federal program; and we have complied, in all material respects, with these requirements.
We have provided to you our interpretations of any compliance requirements that have varying interpretations.
We are responsible for establishing and maintaining effective internal control over compliance requirements applicable to federal programs that provide reasonable assurance that we are managing our federal awards in compliance with laws, regulations, and the provisions of contracts and grant agreements that could have a material effect on our federal programs. Also, no changes have been made in the internal control system to the date of this letter that might significantly affect internal control, including any corrective action taken with regard to significant deficiencies, including material weaknesses, reported in the schedule of findings and questioned costs.
We have made available to you all contracts and grant agreements (including amendments, if any) and any other correspondence with federal agencies or passthrough entities relating to federal programs.
We have received no requests from a federal agency to audit one or more specific programs as a major program.
We have identified and disclosed to you all amounts questioned and any known noncompliance with the requirements of federal awards, including the results of other audits or program reviews. We also know of no instances of noncompliance occurring subsequent to the end ofthe period audited.
We have charged costs to federal awards in accordance with applicable cost principles, including amounts claimed or used for matching determined in accordance with relevant guidelines in the Uniform Guidance.
We have made available to you all documentation related to the compliance requirements, including information related to federal program financial reports and claims for advances and reimbursements.
Federal program financial reports and claims for advances and reimbursements are supported by the books and records from which the basic financial statements have been prepared (and are prepared on a basis consistent with the schedule of expenditures of federal awards).
The copies of federal program financial reports provided to you are true copies of the reports submitted, or electronically transmitted, to the respective federal agency or passthrough entity, as applicable.
We are responsible for and have accurately prepared the summary schedule of prior audit findings to include all findings required to be included by the Uniform Guidance, and we have provided you with all information on the status of the follow-up on prior audit findings by federal awarding agencies and pass-through entities, including all management decisions.
a
a
a
ra
ITEM 13
a We have disclosed to you the findings received and related corrective actions taken for previous audits, attestation
We are responsible for and have accurately completed the appropriate sections of the Data Collection Form as required by the Uniform Guidance, and we are responsible for preparing and implementing a correction action plan for each audit finding.
We have disclosed all contracts or other agreements with service organizations and disclosed to you all communications from these service organizations relating to noncompliance at the organizations.
We have reviewed, approved, and taken responsibility for the schedule of expenditures of federal awards and related notes and an acknowledgment of the auditor's role in the preparation of this information.
We have reviewed, approved, and taken responsibility for accrual adjustments and an acknowledgment of the auditor's role in the preparation of the adjustments.
We have disclosed to you the nature of any subsequent events that provide additional evidence with respect to conditions that existed at the end of the reporting period that affect noncompliance during the reporting period. a
D unford,
nagera
SO-^^ ^^ .\_ e"-rrtL
Shannon Esenwein, CPA,
Finance Director
ITEM 13
ITEM 13
CITY OF CERES,
CALIFORNIA
ANNUAL F
INANCIAL REPORT
FOR THE FISCAL
YEAR ENDED
JUNE 30, 2023
Prepared by:
Shannon
Esenwein
Finance Director
ATTACHMENT C
ITEM 13
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ITEM 13
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2023
Table of Contents
i
Page
Table of Contents .................................................................................................................................. i
Organization Chart ............................................................................................................................. v
List of Officials .................................................................................................................................. vii
Independent Auditors’ Report ........................................................................................................... 1
Management’s Discussion and Analysis (Required Supplementary Information) ....................... 4
Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Position ........................................................................................................ 21 Statement of Activities ............................................................................................................ 22
Fund Financial Statements:
Governmental Funds:
Balance Sheet ................................................................................................................................ 26 Reconciliation of Governmental Funds Balance Sheet to the Statement of Net Position .................................... .................................................................... 28 Reconciliation of Fund Basis Balance Sheet to Government-wide Statement of Net Positio n – Governmental Activities ............................................................. 29 Statement of Revenues, Expenditures, and Changes
in Fund Balances – Governmental Funds ................................................................................ 30 Reconciliation of Fund Basis Sta tements to Government-wide Statement of Activities ............................................................................................................ 32 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ............................... 33 Statement of Revenues, Expenditures, and Changes in
Fund Balances - Budget to A ctual – General Fund and
Major Special Revenue Funds ................................................................................................. 34
INTRODUCTORY SECTION
FINANCIAL SECTION
ITEM 13
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2023
Table of Contents, Continued
ii
Page
Basic Financial Statements, Continued:
Fund Financial Statements, Continued:
Proprietary Funds:
Statement of Net Position – Proprietary Funds ............................................................................ 40 Statement of Revenues, Expenses, and Changes in Fund Net Position – Proprietary Funds ............................................................................................................... 41 Statement of Cash Flows – Proprietary Funds ............................................................................. 42
Fiduciary Funds:
Statement of Fiduciary Net Position – Fiduciary Funds ................................................................ 43 Statement of Changes in Fiduciary Net Position – Private Purpose Trust Funds ......................... 44
Notes to Basic Financial Statements .......................................................................................... 47
Required Supplementary Information:
Schedule of Employer Contributions ...................................................................................... 96 Schedule of the Changes in Net Pension Liability and Related Ratios .................................. 97
Combining and Individual Fund Financial Statements and Schedules:
Nonmajor Special Revenue Funds:
Combining Balance Sheet ............................................................................................................ 104 Combining Statement of Reve nues, Expenditures, and Changes i n F und Balances .............................................................................................................. 110 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Street Expansion ............................................................................... 116 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – CDBG Grants ................................................................................... 117 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Street Tree ........................................................................................ 118 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Storm Drain Benefit Districts ........................................................... 119 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Brown Annex ................................................................................... 120 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Eastgate Street Benefit District ........................................................ 121 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – AB 939 ............................................................................................. 122 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Neighborhood Park Fees .................................................................. 123 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – BEGIN Grant .................................................................................... 124 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Program Income BEGIN .................................................................. 125 ITEM 13
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2023
Table of Contents, Continued
iii
Page
Combining and Individual Fund Financial Statements and Schedules, Continued:
Nonmajor Special Revenue Funds, Continued:
Schedule of Revenues, Expend itures, and Changes in Fund Balances – B udget to Actual – State Gas Tax .................................................................................... 126 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – SLESF .............................................................................................. 127 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Abandoned Vehicle Abatement ........................................................ 128 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Seized Property ................................................................................. 129 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Downtown Revitalization ................................................................. 130 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Street-Light and Landscape District ................................................. 131 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Traffic Offender ............................................................................... 132 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Traffic Safety .................................................................................... 133 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Used Oil Grants ................................................................................ 134 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Department of Conservation Grant .................................................. 135 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – CMAQ .............................................................................................. 136 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Community Facilities District .......................................................... 137 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Fire Hydrant Benefit District ............................................................ 138 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Transportation Development Act ..................................................... 139 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – LLEBG ............................................................................................. 140 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Public Facilities Fees ........................................................................ 141
ITEM 13
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2023
Table of Contents, Continued
iv
Page
Combining and Individual Fund Financial Statements and Schedules, Continued:
Nonmajor Special Revenue Funds, Continued:
Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Daniel Whitmore House ................................................................... 142 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – River Bluff Regional Park ................................................................ 143 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Ceres Community Foundation .......................................................... 144 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Clinton Whitmore Mansion .............................................................. 145 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Measure L ......................................................................................... 146 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – Road Maintenance and Rehab .......................................................... 147 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – SB2 Planning Grants Program ......................................................... 148 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – SB 1383 ............................................................................................ 149 Schedule of Revenues, Expenditures, and Changes in Fund Balan ces – B udget to Actual – CARES Act ...................................................................................... 150
Internal Service Funds:
Statement of Fund Net Position – Internal Service Funds ...... ..................................................... 152 Statement of Revenues, Expens es, and Changes in Fund Net Position– Internal Service Funds ..................................................................................................... 153 Combining Statement of Cash Flo ws – Internal Service Funds .................................................. 154
Trust and Agency Funds:
Combining Statement of Net Pos ition – Private Purpose Trust Funds ........................................ 156 Combining Statement of Changes in Fiduciary Net Position– Private Purpose Trust Funds ........................................................................................... 157
ITEM 13
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2023
Organization Chart
v
ITEM 13
vi
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ITEM 13
City of Ceres, California
Basic Financial Statements
For the year ended June 30, 2023
List of Officials
vii
Javier Lopez, Mayor
Daniel A. Martinez, Vice Mayor
James Casey
Rosalinda L. Vierra
Cerina Otero
Doug Dunford, City Manager
Shannon Esenwein, Finance Director
Kayla Martinez, City Treasurer
Fallon Martin, City Clerk
Nubia Goldstein, City Attorney
CITY COUNCIL
CITY OFFICIALS
ITEM 13
viii
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ITEM 13
7080 Donlon Way, Suite 204, Dublin, CA 94568 ● phone (925) 556-6200 ● fax: (707) 232-6226 1102 South Main Street, #1, Fort Bragg, CA 95437 ● phone (707) 964-6325 www.jjacpa.com
INDEPENDENT AUDITORS’ REPORT
To the Honorable Mayor and City Council
of the City of Ceres
Ceres, California
Report on the Audit of the Financial Statements
Opinions
We have audited the financial statements of the governmental ac tivities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Ceres, as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise City’s basic financial statements as listed in the table of contents.
In our opinion, the accompanying financial statements present f airly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City, as of June 30, 2023, and the respective changes in financial position and, where applicable, cash flows thereof and the respective budgetary comparison for the General Fund, Street Expansion Special Revenue Fund, Home Program Grants Special Rev enue Fund, and CDBG Grants Special Revenue Fund for the year then ended in accordance with account ing principles generally accepted in the United States of America.
Basis for Opinions
We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilit ies under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial S tatements section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit e vidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.
Responsibilities of Management for the Financial Statements
The City’s management is responsible for the preparation and fa ir presentation of the financial statements in accordance with accounting princi ples generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required t o evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the City’s ability to continue as a going concern for twelve months beyond the financial statement date, including an y currently known information that may raise substantial doubt shortly thereafter.
ITEM 13
To the Honorable Mayor and City Council
of the City of Ceres
Ceres, California