Ceres City Council
December 8, 2025

AGENDA
Amendment #1
Dated: December 5, 2025

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA

City Council Chambers, 2701 Fourth Street
Monday, December 8, 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

Click this link to join the webinar:
https://us02web.zoom.us/j/81562889558?pwd=BjERzqJsLxqcAGS5mNlk87cVanGtFn.1

Webinar ID: 815 6288 9558; Passcode: 718195; or Dial: (669) 900-6833

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

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

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

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

AGENDA
Regular City Council Meeting
December 8, 2025

Invocation by Patrick Davis, Ceres Christian Church.

PLEDGE OF ALLEGIANCE

Pledge of Allegiance led by Cesar Morales, La Rosa Elementary School.

PRESENTATIONS

A. Crosstown Showdown Certificates

B. Unmet Transit Needs (StanCOG)

C. HdL Presentation

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

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

CONFLICT OF INTEREST DECLARATION

APPOINTMENTS TO BOARDS/COMMISSIONS

None

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

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

1. Clerks Report of Posting. The agenda of the December 8, 2025, City Coun cil Meeting was Posted on Wednesday, December 3, 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 November 10, 2025, Regular City Council Meeting. (City Clerk)

4. Register of Audited Demand (s) Dated October 27, 2025, through November 18, 2025. (Ledezma)
AGENDA
Regular City Council Meeting
December 8, 2025

5. Resolution No. 2025 -XXX, Accepting the Richland Sidewalk Improvement as Complete, and Approving the Balancing Contract Change Order , and Authorizing the Filing of the Notice of Completion, and Authorizing the Release of the Remaining Retention to the Contractor. (Beltran)

6. 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% Co nstruction 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)

7. Resolution No. 2025-XXX, Approving the Hourly Pay Rate Schedule for Part-Time (Non-Regular) Employees, Effective as of the Pay Period Beginning December 21, 2025. (Vasquez)

8. General Correspondence – Information Only
a. Public Works Monthly Report for October 2025 (Royal) 9a. Resolution No. 2025-XXX, Approving an Agreement with West Coast Arborists, Inc. in the Amount of $89,275.00 for the Purchase of Trees and Authorizing the City Manager to Execute the Agreement. (Chavez)

9b. Resolution No. 2025 -XXX, Approving an Agreement with California Landscape Supply in the Amount of $96,995.64 for the Purchase of Trees and Authorizing the City Manager to Execute the Agreement. (Chavez)

10. Resolution No. 2025-XXX, Approving an Agreement with Westside Landscape & Concrete, Inc. in the Amount of $174,598.00 for Tree Planting and Authorizing the City Manager to Execute the Agreement. (Chavez)

11. Resolution No. 2025 -XXX, Approving an Agreement with West Coast Arborists, Inc. in the Amount of $217,000.00 for the Urban Forestry Management Plan and Authorizing the City Manager to Execute the Agreement. (Chavez)

12. Resolution No. 2025 -XXX, Approving a Fiscal Year 2025 -2026 Budget Amendment to Appropriate Funds for the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the Amount of $1,084,600. (City Manager)

13. Resolution No. 2025-XXX, Authorizing Staff to Submit an Application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to Reimburse up to Fifty Percent (50%) of the Purchase Cost of Ballistic Vests for the Police Department. (Johnson)

AGENDA
Regular City Council Meeting
December 8, 2025

14. Resolution No. 2025-XXX, Accepting the State of California Office of Traffic Safety Special Traffic Enforcement Program (STEP) Grant and Approving a Budget Amendment to Appropriate the Funds for Fiscal Year 2025-26. (Johnson)

15. Waiver of Second Reading and Adoption of Ordinance No. 2025 -XXXX, An Ordinance of the City Council of the City of Ceres Adding Section 10.05.000 - Definitions, Amending Section 10.05.020 - Regulations for Bicycle Operation, Adding Section 10.05.120 - Organized, Planned or Street Take Over, and Adding Section 10.05.130 - Penalties, of the Ceres Municipal Code. (Johnson)

16. Resolution No. 2025-XXX, Authorizing Consolidation of the City’s 457(b) Deferred Compensation Plans, Approving an Administrative Service Agreement for Governmental 457(b) Deferred Compensation Plan Between the City of Ceres and Nationwide, and Authorizing the City Manager to Execute the Agreement. (Vasquez)

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

UNFINISHED BUSINESS

None

PUBLIC HEARING

None

NEW BUSINESS

17. Resolution No. 2025 -XXX, Ratifying the Appointment of Vanessa Portillo to the Position of Finance Director, Approving an Employment Agreement, and Authorizing the City Manager to Execute the Agreement. (City Manager)

18. Accepting the Appointment of Councilmember Cerina Otero to the League of California Cities’ Governance, Transparency, and Labor Relations Policy Committee and Providing Direction on a Related Policy. (City Attorney)

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).

AGENDA
Regular City Council Meeting
December 8, 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

19. Conference with Real Property Negotiations, Cal Gov’t Code §54956.8 Property: APN 127-016-014
Agency Negotiator: City Manager, Douglas D. Dunford and City Attorney, Nubia I.

Goldstein
Negotiating Parties: Judicial Council of California
Under Negotiations: Price and terms of payment

REPORT FROM CLOSED SESSION

ADJOURNMENT
The next regularly scheduled City Council Meeting will be held on January 12, 2026, 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.

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, December 3, 2025, at the following locations in Ceres:

• Community Center Display Case – 2701 Fourth Street

__________________________________________________________________________________________________________________________________________________________ Fallon Martin, City Clerk

AGENDA
Regular City Council Meeting
December 8, 2025

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).

The Unmet
Transit Needs
Process
ITEM B
StanCOG and the Transportation Development Act
TDA
¼ Cents Sales Tax
Local
Transportation
Funds (LTF)
State Transit
Assistance
(STA)
Gas/Diesel Tax
ITEM B
Unmet Transit Needs Process
Public

Hearings
Public

Outreach

Workshops
Public

Hearings
Analysis
Report
Policy

Board

Approval
Funds

Distributed
ITEM B
Outreach Efforts
Social Media
StanRTA, Turlock Transit, MOVE helping with spreading the word MOVE will distribute flyers while providing travel training services and onboard their services
ITEM B
ITEM B
Public Presentations
• Public Hearings
• November 12, 2025 - Social Services Transportation Advisory Council • November 20, 2025 – Bicycle and Pedestrian Advisory Committee • December 4, 2024 – StanRTA Board of Directors Meeting • December 8, 2025 – Ceres City Council Meeting
• December 15, 2025 – Oakdale City Council Meeting
• December 16, 2025 – Stanislaus County Board of Supervisors • January 21, 2026 – StanCOG Policy Board Meeting
ITEM B
Review and Define UTN Responses
• Annually identify transit needs in the jurisdiction that may be reasonable to meet by establishing or contracting for new public transportation or specialized transportation service, or by expanding the existing services.
• Define Responses:
• There are no unmet transit needs
• There are no unmet transit needs that are
reasonable to meet
• There are unmet transit needs, including needs that
are reasonable to meet
ITEM B
Contact Us
[email protected]
209.525.4600
Stanislaus Council of Governments
Attn: Clarissa Hernlund
1111 I Street, Ste 308
Modesto, CA 95354
https://www.stancog.org/172/Unmet-Transit-Need
ITEM B
CITY OF CERES | BUSINESS ADMINISTRATION & COMPLIANCE
ITEM C
Scope of Services – Business License Administration
• Operations Management Services – ONGOING
• Maintain a comprehensive business database
Establish and keep an updated database of all client
businesses.
• Process applications and payments promptly
Receive and handle applications, renewals, and payments in a timely manner.
• Send renewal notices on schedule
Notify active businesses at least 30 days prior to the due date.

Notices are sent via email and postal mail.
• Offer multiple submission and support options
Provide businesses with various channels for applications, renewals, payments, and support requests, including: email, postal mail, phone, and fax.
• Enable client access to portal tools
Provide client staff with access to a website portal for business registry inquiries, reporting, and approval capabilities.

Our Business Support Center is open Monday-
Friday 8am-5pm PST by phone and email to assist
businesses with their application and renewals.

Taxpayers can file, renew, make payments and
update account information through the web
portal.

Taxpayers can also renew or make payments via
postal mail.

ITEM C
End User Online Process
Website
• Ceres.hdlgov.com
Main Options
• Submit a Business
License Application
• Renew a Business
License
• Pay a Balance Due
• Close a Business License
• Search for Licensed
Business
ITEM C
Scope of Services - Compliance
• Collection Services - ONGOING
• Identify and notify non-compliant businesses
Locate businesses with outstanding debts and inform them of compliance or dispute options.
• Provide payment solutions and invoicing
Offer detailed invoices and multiple payment methods
(website, mail, phone).
• Discovery Services - NOT STARTED
• Develop and maintain a business list
Create a list of businesses subject to client licensure or taxation.
• Notify and support non-compliant businesses
Inform businesses of compliance or dispute options and
provide support through multiple channels (website,
mail, email, phone, fax).
• Review and manage submissions
Check business forms for accuracy and completeness.
• Provide payment solutions and invoicing
Offer detailed invoices and multiple payment methods
(website, mail, phone).

ITEM C

BUSINESS TAX OPERATIONS
AUDIT Identify Verify Collect Monitor
COLLECTIONS Prepare Research Email Escalate
DISCOVERY Prepare Identify Mail Register
ITEM C
Revenue
• Total Revenue to Estimated to Be
Collected from Collections:
o $104,676.32.
• Total Estimated Revenue Obtainable
Through Discovery, Collections, and
Audit Services:
o $98,000.00.

ITEM C
Questions?
ITEM C

DRAFT MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF CERES, CALIFORNIA
(via ZOOM and in-person)

City Council Chambers, 2701 Fourth Street
Monday, November 10, 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

Ma
yor Lopez called the November 10, 2025, meeting to order at 6:00 p.m.

ROLL CALL – Present:

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

District 1
Councilmember
Casey
District 2
Councilmember
Vierra
District 3
Councilmember
Otero
District 4
Vice Mayor
Martinez
Mayor Lopez
Present Present Present Present Present

INVOCATION

I
nvocation by Chris Henry, Hope Tree Church.

PLEDGE OF ALLEGIANCE

P
ledge of Allegiance led by the American Legion and Veterans of Foreign War.

PRESENTATIONS

A. V
eterans Day Proclamation

The American Legion and Veterans of Foreign War accepted the proclamation.

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

Li
sa Mantarro Moore provided an update on Congressman Adam Gray’s office.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

Nasson Sanchez spoke regarding motivation, the Dia de Los Muertos event, pumpkin carving festival, and turkey drive.

Shane Parson spoke regarding transit occupancy tax, council donation funds, and downtown parking.

Milt Trieweiler spoke regarding farmland, soil quality, and water availability.

Gene Yeakley spoke regarding Freddy Morales and veteran recognition.

V. Chavez spoke regarding veteran banners placed on the Whitmore Avenue overpass.

CONFLICT OF INTEREST DECLARATION

N
one

APPOINTMENTS TO BOARDS/COMMISSIONS

B. P
lanning Commission Interviews and Appointment

City Clerk, Fallon Martin, introduced the item.

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

Council conducted Planning Commission interviews.

Council and staff discussion included resignation of Planning Commissioner Gill, conducting interviews, appointing both applicants, interviewing both applicants, appointing one applicant, conducting a new recruitment for the vacancy created by Planning Commissioner Gill’s resignation, and thanking the applicants.

Action: Motion by Vice Mayor Martinez , seconded by Councilmember Vierra, to conduct interviews to fill the January 1, 2026, Planning Commission vacancy and conduct a new
recruitment for the vacancy created by a resignation. Motion carried 4/1/0/0 by the following roll call vote:

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

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving the appointment of Francisco Mireles to the Planning Commission. Motion carried 3/2/0 /0 by the following roll call vote:

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

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

CONSENT CALENDAR

1. C
lerks Report of Posting. The agenda of the November 10, 2025, City Council Meeting was Posted on Wednesday, November 5, 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 27, 2025, Regular City Council Meeting. (City Clerk)

4. Removed for separate consideration.

5a. Removed for separate consideration.

5b. Removed for separate consideration.

5c. Removed for separate consideration.

5d. Removed for separate consideration.

6. Resolution No. 2025-135, Approving the California Office of Emergency Services (Cal-OES) 911 Award Money Project List to Upgrade the Current Ceres Police Department 911 Dispatch Center and a Fiscal Year 2025- 26 Budget Amendment to Appropriate Funds for Reimbursable Purchases. (Johnson)

7. Resolution No. 2025-136, Accepting the Morgan Road Storm Drain Improvements Project as Complete; and Approv ing the Balancing Contract Change Order; and Authorizing the Filing of the Notice of Completion; and Authoriz ing the Release of the Remaining Retention to the Contractor. (Beltran)

8. General Correspondence – Information Only
a. Public Works Monthly Report for September 2025 (Royal)

9. Resolution No. 202 5-137, Approving an Amendment to the Advanced Metering Infrastructure Agreement with Sensus USA to Include VertexOne Software EULA, Approving a Purchase with Aqua-Metric Sales Company for a VertexOne Customer Water Portal, and Authorizing the City Manager to Execute the Amendment. (Royal)

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

10. Removed for separate consideration.

11. Consideration to Cancel the Regularly Scheduled City Council Meeting of November 24, 2025. (City Manager)

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving items 1 – 3, 6 – 9, and 11. Motion carried 5/0/0/0 by the following roll call vote:

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

CONSIDERATION OF ITEM(S) REMOVED FROM THE CONSENT CALENDAR

I
tem 4: Removed for separate consideration by Councilmember Otero

Register of Audited Demand(s) Dated October 15, 2025, through October 22, 2025. (Ledezma)

Councilmember Otero spoke regarding Gouveia Engineering invoices and candidate statement refunds.

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

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

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

Item 5a - 5d: Removed for separate consideration by Councilmember Casey

Resolution No. 2025-131, Approving a Three-Year Agreement with the Stanislaus County District Attorney’s Office for their Use of the Police Department Range and Authorizing the City Manager to Execute the Agreement. (Johnson)

Resolution No. 2025-132, Approving a Three-Year Agreement with the Stanislaus County Probation Department for their Use of the Police Department Range and Authorizing the City Manager to Execute the Agreement. (Johnson)

Resolution No. 2025-133, Approving a Three-Year Agreement with the Stanislaus County District Sheriff’s Department for their Use of the Police Department Range ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

and Authorizing the City Manager to Execute the Agreement. (Johnson)

Resolution No. 2025 -134, Approving a Three- Year Agreement with Valley Defense Consulting for their Use of the Police Department Range and Authorizing the City Manager to Execute the Agreement. (Johnson)

Councilmember Casey spoke regarding modifications to the contract and council approval.

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

Council and staff discussion included modular rooms, restrooms, and contract language.

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

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

Item 10: Removed for separate consideration by Councilmember Vierra

Resolution No. 2025-138, Approving the Designation of the City Manager as the Authorized Signer on Behalf of the City Until a Finance Director is Appointed and Bonded. (City Manager)

Councilmember Vierra spoke regarding various government codes and who is required to be bonded.

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

John Warren inquired about the amount that people are bonded for and confirmed who is bonded.

Mayor Lopez closed public comment.

Council and staff discussion included what elected officials are and were bonded, departure of the City’s Finance Director, bonding of City Manager, Council approval of City Manager’s bond, bonding of City Treasurer, approving an authorized signer who is not bonded, bonding of the Mayor, proof the City Manager is bonded, effects of not passing the agenda item, temporar ily allow City Manager to sign the payroll checks only, historical practices, tabling the item to later in the meeting, compliance ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

with the Ceres Municipal Code, alternate motion, reopening the item, and bank requirements to be an authorized signer.

Action: Motion by Councilmember Vierra, seconded by Mayor Lopez , approving item 10. Motion failed 1/3/0/0 by the following roll call vote:

Councilmember
Casey
Councilmember
Vierra
Councilmember
Otero
Vice Mayor
Martinez Mayor Lopez
No Yes No No
*Conversation ensued regarding the implications of not approving the agenda item and another motion was made before Mayor Lopez could cast his vote.

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

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

Action: Motion by Vice Mayor Martinez , seconded by Mayor Lopez , approving to table the item until the later part of the meeting while staff obtains a list of who is bonded. Motion carried 4/1/0/0 by the following roll call vote:

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

Action: Motion by Vice Mayor Martinez, seconded by Councilmember Vierra, approving item 10. Motion carried 5/0/0/0 by the following roll call vote:

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

UNFINISHED BUSINESS

N
one

PUBLIC HEARING

12. O
rdinance No. 2025-XXXX, An Ordinance of the City Council of the City of Ceres Adding Section 10.05.000 - Definitions, Amending Section 10.05.020 - Regulations ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

for Bicycle Operation, Adding Section 10.05.120 - Organized, Planned or Street Take Over, and Adding Section 10.05.130 - Penalties, of the Ceres Municipal Code. (Johnson)

Police Chief, Trenton Johnson, presented the item.

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

Dave Pratt spoke regarding bicyclists use of sidewalks, pedestrians and use of helmets.

John Warren spoke regarding applying the ordinance and using City -owned cameras and private cameras.

Gene Yeakley spoke regarding the City being overdue for the ordinance, enforcement, priority level of offense and collection of fines from minors.

Mayor Lopez closed the public hearing.

Council and staff discussion included impounding bicycles, offense levels/penalties, how to collect fines when citations are issued to a minor, number of tickets issued for helmet violations, age range, and action against adults.

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

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

13. Resolution No. 2025 -139, Accepting the Annual Report on Development Impact Fees for Fiscal Year 2024/2025 as Required by Government Code Section 66006(b). (Beltran)

Engineering Director, Mike Beltran, presented the item.

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

Council and staff discussion included relocating the corporation yard facility out of Smyrna Park.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

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

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

NEW BUSINESS

None

DISCUSSION ITEMS

N
one

COUNCILMEMBER REFERRALS

14. F
ood Vendor Audits by Code Enforcement and Quarterly Reports on Sales Tax Collected
(Requested by Councilmember Casey at the October 13, 2025, Regular City Council Meeting)

Councilmember Casey presented the item.

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

John Warren spoke regarding resale licenses.

Mayor Lopez closed public comment.

Council and staff discussion included a sales tax report and enforcement.

Council did not provide consensus for this referral.

15. Placing the City Treasurer on the 2028 General Municipal Election Ballot (Requested by Councilmember Casey at the October 27 , 2025, Regular City Council Meeting)

Councilmember Casey presented the item.

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

Council did not provide consensus for this referral.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

16. Conducting a Forensic Financial Audit of the City
(Requested by Councilmember Otero at the October 27, 2025, Regular City Council Meeting)

Councilmember Otero presented the item.

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

John Warren spoke regarding audits being conducted each time a finance director is hired.

Mayor Lopez closed public comment.

Council and staff discussion included when and why forensic financial audits are conducted, how many years back the forensic audit would go, the status of outstanding audits, findings of most recent audit, and the difference between regular audits and forensic audits.

Council did not provide consensus for this referral.

REFERRAL REQUESTS

Difference in Services Provided by NorthStar Engineering Group and Gouveia Engineering
(Requested at the dais by Councilmember Otero on November 10, 2025)

Bond Review and Approval
(Requested at the dais by Councilmember Otero on November 10, 2025)

Hourly Parking in Downtown
(Requested at the dais by Vice Mayor Martinez on November 10, 2025)

REPORTS

• Mayor

Nothing to report.

• City Council

Vice Mayor Martinez congratulated Central Valley High School Crosstown Showdown win and thanked Councilmember Casey for his service.

Councilmember Otero thanked veterans, thanked the Planning Commission applicants, spoke regarding the Dia de Los Muertos event, music festival, and ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

Crosstown Showdown.

Councilmember Vierra thanked veterans, spoke regarding Valley Builders Exchange, local developers, interest rates, Crosstown Showdown, pumpkin carving event, senior luncheon, Dia de Los Muertos event, Howard Prep, and the music festival.

• City Manager

Nothing to report.

• City Attorney

Nothing to report.

• Departments

Recreation Manager, Joey Chavez, spoke regarding Trunk or Treat, Day of the Dead, music festival, and the holiday market event.

CLOSED SESSION

17. Public Employee Performance Evaluation, Cal. Gov’t Code §54957(b)(1) Title: City Manager

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: Rafid Khoshaba and Tow One Inc. vs. City of Ceres, Stanislaus County Superior Court Case Number: CV-24-005948

Mayor Lopez introduced Closed Session.

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

REPORT FROM CLOSED SESSION

M
ayor Lopez stated direction was provided to staff.

ADJOURNMENT

The next scheduled City Council Meeting will be held on December 8, 2025, at 6:00 p.m. in the City Council Chambers located in the Community Center at 2701 Fourth Street, Ceres, CA.

T
here being no further business, Mayor Lopez adjourned the meeting at 10:28 p.m.

ITEM 3

DRAFT MINUTES
Regular City Council Meeting
November 10, 2025

______________________________
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: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Sonia Ledezma, Deputy Finance Director
[email protected], (209) 538-5770
SUBJECT: Register of Audited Demand(s) Dated October 27, 2025, through November 18, 2025
RECOMMENDED COUNCIL ACTION:

City Council approve the register of audited demand(s) dated October 27, 2025, through November 18 , 2025 , covering obligations to be paid by general warrants in the amount of $5,043,312.22
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 27, 2025 through November 18, 2025.

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

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

II. REASONS FOR RECOMMENDATION:

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

ITEM 4
III. FISCAL IMPACTS:

The attached listing represents the cash disbursements required of normal and usual operations during the period. The disbursements are accounted for in the FY 2025-26 budget. There is a $5,043,312.22 fiscal impact for the period of October 27, 2025, through November 18, 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 27, 2025 through November 18, 2025 ITEM 4

ATTACHMENT A
11/25/2025
1 Date Vendor Name PO# Invoice Description Amount
75,000.00
75,000.00

21.66 21.66
155.40
288.39

91.12 294.31
829.22
5,122.84
5,122.84
1,384.40
1,384.40
786.05
786.05
200.49
200.49
200.49
154.76

77.38 833.61

46.07 46.07

25.00 25.00

50.00 1,578.99
1,578.99
65,353.26
65,353.26
Voucher List
City of Ceres
10/29/25 AT&T 09/07/2025 - 10/06/2025 CALNET SVCS 09/07 - 10/06/2025 CALNET SVC
09/12 - 10/11/2025 CALNET SVC
10/29/25 AMAZON CAPITAL SERVICES, INC. IRRIGATION SPRINKLERS Total:
10/27/25 U.S. BANK 2000 SCRC TAX ALLOCATION BOND PAYMENT Total:

Total:
10/29/25 CA STATE DEPT OF CONSERVATION JUL 1 - SEP 30 2025 SMI FEES Total:
10/29/25 BONANDER TRUCK & TRAILER INC. FUEL TANK FOR UNIT# 25-291-16 CLETS LINE - 9/13/25-10/12/25
Total:
10/29/25 AT&T OCT 5 - NOV 4 2025 SHORETEL
10/29/25 CALIFORNIA SURVEYING & DRAFTING SUPPLY INC HP DRAFTING PLOTTER SEPT 25 METER READ Total:

CONCRETE FOR PADS @ RIVERBLUFF
CONCRETE FOR PADS @ RIVERBLUFF
FILL DIRT @ROSEWOOD VALVE REPAIR
FILL DIRT@ ROSEWOOD FOR VALVE REPLACEMENT
Total:

Total:
10/29/25 CALIFORNIA LANDSCAPE SUPPLY, INC. CONCRETE FOR PADS @ RIVERBLUFF 10/29/25 CITY OF TURLOCK SEPT25 TURLOCK SEWER USE CHARGES 9/1-9/30/25 Total:
10/29/25 CHARTER COMMUNICATIONS 10/1 TO 10/31/2025 INTERNET SVCS FIBER AND CABLE Total:
10/29/25 CERES BODY SHOP, INC FLAT TOW PARKS F150 TOW ON DOLLY FOR PW SUPERINTENDANT VEH.

Total:

ITEM 4

ATTACHMENT A
11/25/2025
2 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
389.83
389.83
824.31
824.31
10,557.87
10,557.87

32.00 32.00
1,072.91
1,072.91
22500024 56,805.00
56,805.00
490.00
490.00
22600021 15,107.45
15,107.45
135.00
135.00
270.00
22600028 309,428.22
309,428.22
146.50
146.50
22600056 8,527.75
8,527.75
359.72
327.58
687.30
10/29/25 DELTA DENTAL OF CALIFORNIA NOVEMBER 2025 DENTAL INSURANCE PREMIUMS Total:
10/29/25 CRESCENT SUPPLY ACADEMY RECRUIT UNIFORM - PIRES Total:
10/29/25 CORELOGIC SOLUTIONS, LLC SEP 1 - SEP 30 2025 METRO SCAN OLINE ACCESS Total:
10/29/25 DOKKEN ENGINEERING CROWS LANDING RD REHAB 9/1-30/25 Total:
10/29/25 DITTOS COPY CENTER, INC. MEASURE L SIGNS Total:
10/29/25 DEPT OF JUSTICE ACCOUNTING OFFICE LIVE SCANS - SEPTEMBER 2025 Total:
10/29/25 ELEVATOR TECHNOLOGY, INC. MONTHLY PM CCC THRU 10/1-10/31 MONTHLY PM PD THUR 10/1-10/31
Total:
10/29/25 EIDE BAILLY LLP OCT 2025 ACCOUNTING CONSULTING SERVICES AUDIT Total:
10/29/25 DON'S MOBILE GLASS, INC. WINDOWS FOR PARTS TRUCK Total:
10/29/25 GOUVEIA ENGINEERING, INC. SEPT2025 PRINCIPAL PLANNER SERVICES Total:
10/29/25 GEORGE REED, INC. 1.48 TONS OF ASPHALT FOR CITY PATCHING Total:
10/29/25 GEORGE REED, INC. RICHLAND SIDEWALK IMPRVMNT PROJ (2522) RESO25-067 Total:
10/29/25 GRAINGER HVAC FILTERS

HVAC FILTERS
Total:

ITEM 4

ATTACHMENT A
11/25/2025
3 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

59.96 489.66
549.62
4,494.00
4,494.00
151.58
151.58

69.83 69.83
6,527.23
8,191.77
14,719.00
271.27
156.52

34.89 -69.13
393.55
1,432.99
22600009 250.00
22600009 250.00
1,932.99
387.49
387.49
22600043 482.83
482.83
22500112 5,845.70
5,845.70
126.16
126.16
10/29/25 HACH COMPANY INC ANNUAL SERVICE PARTNERSHIP @ WELL 38 Total:
10/29/25 GREEN RUBBER-KENNEDY AG BUSHINGS/ MISC SUPPLYS @ WELL # 22

FIRE HOSE SIZED FOR VAC TRAILER
Total:
10/29/25 HUNT & SONS LLC 10/1-10/15/25 FUEL FOR PD 10/1-10/15/25 FUEL FOR PW
Total:
10/29/25 VALLEY FARM SUPPLY STORES, INC METALBLADE FOR STIHL WEED EATER Total:
10/29/25 HD SUPPLY, INC 1" RUBBER GASKETS
Total:

GENERATOR PREVENTATIVE MAINTENANCE SEMI ANNUAL
FS 16 GENERATOR MAINTENANCE SEMI ANNUAL
Total:

RUBBERMAID CADDY RETURN
Total:
10/29/25 INDUSTRIAL ELECTRICAL CO. MOTOR FOR EXHUST FAN FS 15 10/29/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES

CUSTODIAL SUPPLIES

SPINDLE PARTS
10/29/25 KROEKER, INC. LUCCHESI LN SWR REHAB PROJ (2516) RESO24-142 FY25 Total:
10/29/25 KLEINFELDER, INC SEPT 25 RICHLAND AVE RECON GEO ENG SVCS-AGRMNT#5 Total:
10/29/25 JJMS ENTERPRISES INC SHOP TIRE MACHINE
Total:
10/29/25 MARTIN MARIETTA MATERIALS, INC. 1.55 TONS OF ASPHALT FOR PATCHING Total:

ITEM 4

ATTACHMENT A
11/25/2025
4 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

50.00 50.00
1,576.27
1,576.27
5,075.08
201.40
5,276.48

10.00 121.32
151.32

73.63 38.54

80.78 475.59
519.55
519.55
2,232.00
2,232.00
1,245.55
1,245.55
184.05
219.29
260.84
198.69

97.29 217.33
1,177.49

52.48 52.48
10/29/25 DYLAN PALECEK REISSUE PAYROLL CHECK #45439 Total:
10/29/25 CHRISTINA GARCIA IRRIGATION CONTROLLER REBATE #178 Total:
10/20/25 UNIFORM SERVICE FACILITIES
10/13/25 UNIFORM SERVICE FACILITIES
10/20/25 UNIFORM SERVICE WTR/ WTR CONSERVATION
Total:
10/29/25 MISSION LINEN SUPPLY 10/27/25 MATS FOR PW ADMIN BUILDING 10/20/25 UNIFORM SERVICE PARKS
10/27/25 UNIFORM SERVICE PARKS
10/29/25 TW ASSOCIATES, LLC CLS ANALIZER/ INJECTION CL2- INJECTORS
Total:
10/29/25 NORTHSTAR CHEMICAL CL2-WELL #41
Total:
10/29/25 NORFIELD DEVELOPMENT PARTNERS, LLC 25/26 LOCATOR LOGIX USA TICKET MGMT SOFTWARE Total:
10/29/25 MODESTO STEEL COMPANY, INC TUBING,FLAT BAR,ANGLE,ROUND BAR FOR UNIT# 35-500-25 Total:
10/29/25 ODP BUSINESS SOLUTIONS, LLC PUSH PINS, TAPE, MOUSE PAD Total:

FUEL PUMP FOR UNIT# 10-221-12
LIGHT BULBS UNIT# 35-233-18
BATTERY UNIT# 35-219-19
Total:
10/29/25 O'REILLY AUTO PARTS BATTERY FOR UNIT# 40-221-12 FUEL PUMP FOR UNIT# 25-291-16

OIL/ DEF FOR FLEET
ITEM 4

ATTACHMENT A
11/25/2025
5 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

18.62 18.62

33.75 -928.16

31.11 31.40
707.24
673.49
548.83
1,026.07
1,026.07
938.50
938.50

87.15 87.15

12.31 12.31
3,011.15
3,011.15
285.00
1,150.00
259.00
259.00
317.00
259.00
259.00
259.00
259.00
259.00
285.00
BODY MOUNT FOR UNIT# 30-206-11

A/C COMPRESSOR, SEALS, VALVE, ACCUMULATOR
A/C COMPRESSOR, VALVE, ACCUMULATOR UNIT# 10-102-21
Total:
10/29/25 PRICE FORD OF TURLOCK, INC. A/C LINE SEALS UNIT# 10-110-20

RETURNED BELT FOR ALTERNATOR
CAB MOUNT FOR UNIT# 30-206-11
10/29/25 ODP BUSINESS SOLUTIONS, LLC ENVELOPE MOISTENERS Total:
10/29/25 SAFE T LITE OF MODESTO INC TRENCHING SHOVEL Total:
10/29/25 RAYCO INDUSTRIAL SUPPLY INC 20 PC RATCHET WRENCH SET Total:
10/29/25 PUMPTECH HOLDINGS, LLC REPLACEMENT FILTERS FOR CABINET @ WELL #41-#22 Total:
10/29/25 STANISLAUS COUNTY BUSINESS PLAN FEE/CUPA WASTEWATER FA0001815 BUSNISS PLAN FEE/CUPA EQUIPMENT SERVICE FA0002188
BUSINESS PLAN FEE/CUPA PD FA0000293
10/29/25 STANDARD INSURANCE NOV. 2025 BASIC/VOLUNTARY LIFE INSURANCE PREMIUMS Total:
10/29/25 SHARPENING SHOP/SHARP AUTO KNOB FOR UNIT# 40-649-22 Total:

BUSINESS PLAN FEE/CUPA WELL#42 FAC00421
BUSINESS PLAN FEE/CUPA WELL#27 FA0000042
BUSINESS PLAN FEE/CUPA WELL#28 FA0000043
BUSINESS PLAN FEE/CUPA FA#3 FA 0000297
BUSINESS PLAN FEE/CUPA FA#1 FA0001480
BUSINESS PLAN FEE/CUPA FS #1 FA0001844
BUSINESS PLAN FEE/CUPA FS #2 FA0000298
BUSINESS PLAN FEE/CUPA WELL#41 FA0002590
ITEM 4

ATTACHMENT A
11/25/2025
6 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
259.00
259.00
259.00
259.00
259.00
259.00
259.00
259.00
259.00
259.00
6,440.00
21,970.36
21,970.36
361.36
2,498.48
124.16
2,984.00
22400079 12,748.94
12,748.94
202.29
563.57
765.86
670.60
670.60
2,881.36
2,881.36
BUSINESS PLAN FEE/CUPA WELL# 35 FA0000039
BUSINESS PLAN FEE/CUPA WELL#16 FA0000040
BUSINESS PLAN FEE/CUPA WELL#34 FA000041
Total:

BUSINESS PLAN FEE/CUPA EASTGATE WELL FA0000287
BUSINESS PLAN FEE/CUPA WELL#23 FA0001688
BUSINESS PLAN FEE/CUPA BLAKER WELL FA0000027
BUSINESS PLAN FEE/CUPA WELL #21 FA0000033
BUSINESS PLAN FEE/CUPA WELL #14 FA0000038
BUSINESS PLAN FEE/CUPA GARRISON WELL FA0000243
BUSINESS PLAN FEE/CUPA WELL#22 FA0000286
Total:
10/29/25 STOCKBRIDGE GENERAL CONTRACTING, INC OCHOA PARK IMPROV PH II CONSTRUCTION SVCS FY23/24 10/29/25 STANISLAUS COUNTY TAX COLLECTOR PROPERTY TAX- 2624 E DON PEDRO RD #053-013-001-0 PROPERTY TAX - 3912 EL CAMINO ST #053-013-009-000
PROPERTY TAX RIVER RD #039-018-009-000
10/29/25 STANISLAUS COUNTY AUDITOR-CONT 415B PAYMENT RESO 2025-126 Total:

Total:
10/29/25 VERIZON WIRELESS SEP 5 - OCT 4 2025 VERIZON SV

BADGE REPAIRS AND RENUMBERING
Total:
10/29/25 VALLEY TIRE SALES, INC. 4 TIRES UNIT# 10-243-09 Total:
10/29/25 SUN BADGE COMPANY INC T. JOHNSON - FLAT BADGE Total:

ITEM 4

ATTACHMENT A
11/25/2025
7 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
12,338.69
2,806.24
1,870.83
173.22
1,177.93
6,513.26
3,258.03
28,138.20
365.81

80.10 445.91
22600002 105.00
105.00
115.00
115.00
100.00
100.00
22600001 4,774.00
4,774.00
243.79
482.74
167.23
893.76
22600058 6,505.00
6,505.00
SEP2025 MAVERIK LEGAL SERVICES
Total:
10/29/25 WILLE ELECTRIC SUPPLY, INC. CONTACTOR FS 15 SEP2025 CANNABIS LEGAL SERVICES
SEP2025 TOW ONE LEGAL SERVICES
SEP2025 LITIGATION LEGAL SERVICES
SEP2025 CONTRACTS LEGAL SERVICES
SEP2025 REAL ESTATE LAND USE LEGAL SERVICES
10/29/25 WHITE BRENNER LLP SEP2025 GEN MUNI LEGAL SERVICES Total:
11/05/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC NOV 25 SCADA SYSTEM MONTHLY MONITORING Total:
11/05/25 209 MULTIMEDIA CORPORATION TJ#10-1 AB 1600 PUB HRNG (27474) REEL CORD FS 18
Total:
11/05/25 1ST SECURITY & SOUND, INC FIRE AND SECURITY ALARM SERVICES@ COMM CENTER FIRE

REPLACEMENT FIRST AID KITS & CPR MASKS

SPRINKLER VALVE KEYS,WASHER FLUID, FRESHENER
Total:

Total:
11/05/25 AMAZON CAPITAL SERVICES, INC. ANNUAL WORKBOOTS SAFETY TOE INSOLES MATTHEW W Total:
11/05/25 ALPINE PROTECTIVE SOLUTIONS LLC CITY SECURITY SERVICES FOR EIGHT PARKS-OCTOBER 11/05/25 ANIMAL DAMAGE MANAGEMENT INC PEST CONTROL SERVICES FOR CITY BUILDINGS AND PARKS Total:

ITEM 4

ATTACHMENT A
11/25/2025
8 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

61.27 41.26
162.66
120.97

32.45 64.04
214.66
155.40

63.23 31.41
159.03
1,106.38
101.97
101.97
291.15
291.15

70.61 70.61
794.32
794.32
1,356.37
1,356.37
1,578.99
1,578.99
666.00
666.00

80.00 80.00
09/20/2025-10/19/2025 CALNET
09/20/2025-10/19/2025 CALNET
09/20/2025-10/19/2025 CALNET
Total:
09/20/2025-10/19/2025 CALNET
09/20/2025-10/19/2025 CALNET
09/20/2025-10/19/2025 CALNET
09/20/2025-10/19/2025 CALNET
09/20/2025-10/19/2025 CALNET
11/05/25 AT&T 09/20/2025-10/19/2025 CALNET
09/20/2025-10/19/2025 CALNET
ATT T-1 LINE 09/20 - 10/19/2025
11/05/25 BONANDER TRUCK & TRAILER INC. TIRE SENSOR UNIT# 10-228-20 Total:
11/05/25 BELKORP AG, LLC REPLACEMENT LINK END FOR JOHN DEERE TRACTOR Total:
11/05/25 BADGE FRAME, INC NAME PLAQUES FOR PERPETUAL AWARD Total:
11/05/25 CHARTER COMMUNICATIONS 9/1 TO 9/30/2025 INTERNET SVCS FIBER AND CABLE Total:
11/05/25 PARDY BOUNTHAVONG INSTALL 4 T STATS@ CCC UNITS # 5, 7, 14.1, 14.2 Total:
11/05/25 CA DEPT OF TRANSPORTATION TRAFFIC SIGNAL MAINTENANCE SHARE OF COST 99 RAMP Total:
11/05/25 CONDIT, GARY MATTHEW PLANNING COMMISSION STIPEND - NOVEMBER 2025 Total:
11/05/25 CLARK PEST CONTROL, INC, MIDGE ABATEMENT OCT 10/1-10-31 Total:

ITEM 4

ATTACHMENT A
11/25/2025
9 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

59.87 197.05

65.31 310.26
103.43
735.92

34.17 69.58
103.75

80.00 80.00
234.09
234.09
157.50
101.57
222.60
150.16
631.83
186.16
186.16
952.83
952.83
1,721.17
1,721.17
22600009 250.00
2,524.09
2,774.09

80.00 80.00
11/05/25 CRESCENT SUPPLY CODE ENFORCEMENT SECRETARY DE LA CRUZ - SS POLO

PANTS - CE OFFICER MARTINEZ

CODE ENFORCEMENT SECRETARY DE LA CRUZ - SS POLO
11/05/25 DORIS DAKIN PEREZ PLANNING COMMISSION STIPEND - NOVEMBER 2025 Total:
11/05/25 DAIOHS USA INC. OFFICE WATER -PW OCTOBER

OFFICE WATER-WATER DEPT
Total:

CODE ENFORCEMENT OFFICER TAYLOR - PANTS

CODE ENFORCEMENT OFFICER VARNI - PANTS
Total:

1.52 TONS OF ASPHALT FOR PATCHING POTHOLES
Total:
11/05/25 GREEN RUBBER-KENNEDY AG HOSE FOR FLEET
11/05/25 GEORGE REED, INC. 1.60 TONS OF ASPHALT FOR PATCHING POTHOLES

0.99 TONS OF ASPHALT FOR PATCHING POTHOLES

2.31 TONS OF ASPHALT FOR PATCHING POTHOLES
11/05/25 ELITE SUPPLY SOURCE, INC CUSTODIAL SUPPLIES Total:

Total:
11/05/25 INDUSTRIAL ELECTRICAL CO. GENERATOR PREVENTATIVE MAINTENANCE SEMI ANNUAL Total:
11/05/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES Total:
11/05/25 HUNT OIL OF CALIFORNIA 80 BAGS OF FLOOR SWEEP Total:

GENERATOR REPAIR @FS 16
Total:
11/05/25 ISHWAR GILL PLANNING COMMISSION STIPEND - NOVEMBER 2025 ITEM 4

ATTACHMENT A
11/25/2025
10 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

80.00 80.00
312.00
312.00
1,550.89
1,550.89
22400095 4,800.00
4,800.00

80.00 80.00
2,740.91
2,740.91
22500029 6,758.50
6,758.50
119.99
119.99

86.65 86.65

94.90 94.90

41.92 41.92

41.30 41.30
315.00
315.00
315.00
315.00
Total:
11/05/25 JANA KIRCHERT 10/20-30/25 GET FIT/ZUMBA GOLD CLASSES 11/05/25 JAMMU, RULDIP PLANNING COMMISSION STIPEND - NOVEMBER 2025 Total:
11/05/25 JOHNSON, DAVID J. PLANNING COMMISSION STIPEND - NOVEMBER 2025 Total:
11/05/25 JJACPA, INC. FINANCIAL AUDITS FY22/23
Total:
11/05/25 JASON LOUIS LAW ENFORCEMENT TRAINING SOFTWARE OCT25-OCT26 Total:
11/05/25 LES SCHWAB TIRE CENTER FRONT END ALIGNMENT FOR PD UNIT# 10-243-09 Total:
11/05/25 KJELDSEN, SINNOCK & NEUDECK, INC. HATCH ROAD 18-INCH WATER TRANSMISSION LINE FY24/25 Total:
11/05/25 KEVIN HOFFMAN DRIVE LINE REPAIRS FOR VAC TRUCK UNIT# 25-266-19 Total:
11/05/25 DANIEL MARTINEZ LOCC CONF OCT 10 2025 TRANSPORTATION Total:
11/05/25 MARTIN MARIETTA MATERIALS, INC. 1.13 TONS OF ASPHALT FOR POTHOLE PATCHING Total:
11/05/25 M&G-4 13 INC. 10/31/25 ADDITIONAL SENIOR HALLOWEEN EVENT FOOD Total:
11/05/25 JONATHAN BLOUNT BLOUNT PER DIEM CNOA 11/21- 11/25/2025 Total:
11/05/25 JEFF GODFREY GODFREY PER DIEM CNOA 11/21-25/2025 Total:
11/05/25 DANIEL MARTINEZ LOCC ANNUAL CONF OCT 7 2025 TRANSPORTATION Total:

ITEM 4

ATTACHMENT A
11/25/2025
11 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
315.00
315.00

10.00 140.37

70.78 54.67
166.73

28.04 79.46
550.05

70.96 39.83
110.79

63.90 63.90
1,110.48
1,110.48

56.60 56.60

60.95 60.95
420.00
420.00
22600025 86,249.90
86,249.90
136.15
1,264.37
1,400.52
644.00
644.00
10/27/25 UNIFORM SERVICE WASTEWATER
11/3/25 UNIFORM SERVICE WASTEWATER
10/27/25 UNIFORM SERVICE STREETS
10/27/25 UNIFORM SERVICE FLEET
10/27/25 UNIFORM SERVICE FACILITIES
Total:
11/05/25 MISSION LINEN SUPPLY 11/3/25 MATS FOR PW ADMIN BUILDING 11/05/25 SAMUEL GARCIA GARCIA PER DIEM CNOA 11/21- 11/25/2025 Total:
11/05/25 MUNICIPAL MAINTENANCE EQUIPMENT INC DRIVE SHAFT COUPLER UNIT# 25-266-19 VAC TRUCK WW

GRAFFITI ABATEMENT
Total:
11/05/25 MODESTO WINDUSTRIAL CO WWRF IRRIGATION SPRIMKLER LINE FITTINGS 10/27/25 UNIFORM SERVICE WTR/WTR CONSERVATION
Total:
11/05/25 MODESTO COLOR CENTER 2 GALLONS OF PAINT TO COVER GRAFFITI Total:
11/05/25 PACIFIC STORAGE COMPANY 10/29/2025 FINANCE SHREDDING SERVICE Total:
11/05/25 ODP BUSINESS SOLUTIONS, LLC GREEN PAPER & SHEET PROTECTORS Total:
11/05/25 O'REILLY AUTO PARTS WIPER FLUID,SOAP, ANTISEIZE FOR EQUIPMENT

EGR COOLER REPLACEMENT, GASKETS
Total:
11/05/25 PTC INC. ALLEN BRADLEY SUBSCRIPTION 10/6/25- 10/5/26 Total:
11/05/25 PRICE FORD OF TURLOCK, INC. BOLTS, HOSE FOR UNIT# 35-243-11 Total:
11/05/25 PRECISION EMPRISE LLC CONCRETE CUTTING SVCS ADA REPAIRS 11 SUBDIVISONS Total:

ITEM 4

ATTACHMENT A
11/25/2025
12 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
8,554.77
15,378.85
23,933.62
186.83
186.83
107,006.11
107,006.11
22600050 62,976.00
62,976.00
22600015 3,960.00
3,960.00
720.00
720.00
15,000.00
15,000.00
182.75
182.75

71.53 71.53
22600002 49.95
22600002 49.95
22600002 89.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
22600002 49.95
Total:
11/05/25 STOCKBRIDGE GENERAL CONTRACTING, INC 5% RET RELEASE OCHOA PRK PH II IMPRVMNTS REPAIR AT BLAKER RESERVOIR PUMP #1
Total:
11/05/25 SAFE T LITE OF MODESTO INC 1 STREET SIGN, 24 CANS MARKING PAINT 11/05/25 PUMPTECH HOLDINGS, LLC VFD REPLACEMENT REPAIR AT BLAKER RESERVOIR PUMP #2 Total:
11/05/25 TOP DOG POLICE K9 TRAINING AND CONSULTING K9 TRAINING - OCTOBER 2025 Total:
11/05/25 TIMECLOCK PLUS SCHEDULING SOFTWARE
Total:
11/05/25 TAYLOR BACKHOE SERVICE, INC CROWS LANDING RD REHAB-15 POTHOLE WHITMORE-SERVICE Total:
11/05/25 WILLEY PRINTING CO., INC. BUSINESS CARDS: JORDAN JONES Total:
11/05/25 VALLEY TIRE SALES, INC. 2 TRAILER TIRES
Total:
11/05/25 USPS POSTAGE REFILL FY26 METER ACCT 08066280 FIRE AND SECURITY ALARM SERVICES@WHITMORE MANSION
FIRE AND SECURITY ALARM SERVICES @ RIVERBLUFF PARK
FIRE AND SECURITY ALARM SERVICES@ CCC 4TH ST
FIRE AND SECURITY ALARM SERVICES @ ROCKEFELLER DR.

FIRE AND SECURITY ALARM SERVICES@ COSTA FIELDS
FIRE AND SECURITY ALARM SERVICES @ PARKS YARD
FIRE AND SECURITY ALARM SERVICES @ LEGION HALL
Total:
11/07/25 1ST SECURITY & SOUND, INC FIRE AND SECURITY ALARM SERVICES @ PW YARD ITEM 4

ATTACHMENT A
11/25/2025
13 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
22600002 49.95
22600002 105.00
22600002 105.00
699.55
484.64
484.64

9.47 870.91
880.38
177.00
177.00
498.03
150.83

31.41 680.27

87.36 87.36
154.76
154.76
413.00
385.00
798.00
4,368.00
4,368.00
100.55
100.55
22400089 64,459.49
64,459.49
408.41
408.41
Total:
11/07/25 ACCORD SYSTEMS, LLC OCT 25 ACA REPORTING FEE FIRE AND SECURITY ALARM SERVICES @ CITY HALL/ANNEX
FIRE AND SECURITY ALARM SERVICES @ PW FIRE
FIRE AND SECURITY ALARM SERVICES@MUSEUM & WHITMORE
Total:
11/07/25 AT&T 09/20/2025-10/19/2025 CALNET

ACETYLENE TOOLS FOR TORCHING
Total:
11/07/25 AL'S CERTIFIED SAFE & LOCK REKEY PADLOCK FOR WELL # 22 Total:
11/07/25 AIRGAS USA, LLC TOURCHING SAFETY GLASSES 11/07/25 CALIFORNIA LANDSCAPE SUPPLY, INC. FILL DIRT @ ROCKEFELLER SERVICE LINE REPAIR Total:
11/07/25 AT&T MOBILITY MODEMS FOR PD/FIRE VEHICLES Total:
09/20/2025-10/19/2025 CALNET
09/24/2025 - 10/23/2025 CALNET
Total:
11/07/25 CITY OF MODESTO 09/25-10/27/25 WTR SVCS F/S 2 Total:
11/07/25 CHARLOTTE ROSE EWING 2025 FALL DANCE CLASSES INSTRUCTOR SVCS Total:
11/07/25 CAR WASH PARTNERS, INC. OCT 25 CAR WASHES FOR PD OCTOBER 25 CAR WASHES FOR PW
Total:
11/07/25 CSJVRMA REFUND OVERPAYMENT CLAIM #FR250271 DOI: 11/11/2024 Total:
11/07/25 CONCO WEST INC. OCT 25 WELL 22 (GAC)TRTMNT PROJ P23-008 RESO24-001 Total:

ITEM 4

ATTACHMENT A
11/25/2025
14 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
1,050.00
1,050.00
32,405.00
32,405.00
9,032.00
9,032.00
645.68
645.68
5,272.97
5,272.97
183.72
183.72
130.00
130.00
260.00
4,750.00
4,750.00
1,769.38
1,769.38

54.34 54.34
170.00
170.00
151.44
151.44
1,340.41
1,340.41
11/07/25 DU-ALL SAFETY, LLC OCT 25 SAFETY CONTRACT Total:
11/07/25 FERGUSON US HOLDINGS, INC MISC TOOLS- BROKEN VALVE REPLACEMENT @ROSEWOOD Total:
11/07/25 EMPLOYMENT DEVELOPMENT DEPT QE 9/30/25 UNEMPLOYMENT INSURANCE BENEFIT CHARGE Total:
11/07/25 E&M ELECTRIC AND MACHINERY, INC SCADA SOFTWARE SYSTEMS OVERSIGHT & INFRASTRUCTURE Total:
11/07/25 GEOANALYTICAL LABORATORIES, INC WRRF INFLUENT SAMPLE ANALYSIS

WRRF EFFLUENT SAMPLE ANALYSIS
Total:
11/07/25 FISHER SCIENTIFIC COMPANY, LLC LABORATORY CONDUCTIVITY &TDS STANDARDS Total:
11/07/25 FERGUSON US HOLDINGS, INC 8' COUPLERKIT,BOLTS FOR BROKEN VALVE @ROSEWOOD Total:
11/07/25 HUNT OIL OF CALIFORNIA PROPANE FLEET
Total:
11/07/25 HUNT & SONS LLC DELIVERY OF RENEWABLE DIESEL @ WWTP 11/3/25 Total:
11/07/25 HAO VAN LE 4TH QUARTER GROUNGWATER SAMPLING & ANALYSIS Total:
11/07/25 INDUSTRIAL ELECTRICAL CO. BLOWN FUSE SERVICE CALL Total:
11/07/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES Total:
11/07/25 IEH-JL ANALYTICAL SERV INC. WELL 22GAC HPC WATER SAMPLE ANALYSIS Total:

ITEM 4

ATTACHMENT A
11/25/2025
15 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
6,640.55
475.00
6,635.27
475.00
6,638.67
475.00
21,339.49
368.35
368.35
675.00
675.00
255.00
255.00

44.00 44.00

90.00 90.00

38.00 38.00
255.00
255.00
103.17
102.82
205.99
164.80
164.80
125.00
125.00
2,178.39
2,178.39
11/07/25 JACK HENRY & ASSOCIATES, INC. REMIT PLUS SUPPORT JULY 2025 Total:

JULY 2025 UB ONLINE MAINT & SUPPORT FEE
SEPT 2025 UB STMT PROCESSING, MAIL PREP & POSTAGE
SEPT 2025 UB ONLINE MAINT & SUPPORT FEE
Total:
11/07/25 INFOSEND, INC. OCT 2025 UB STMT PROCESSING, POSTAGE, & MAIL PREP OCT 2025 UB ONLINE MAINT & SUPPORT FEE
AUG 2025 UB STMT PROCESSING, MAIL PREP & POSTAGE
11/07/25 DANIEL MARTINEZ LOCC ANNUAL CONF OCT 7 2025 AIRPORT PARKING Total:
11/07/25 ARMANDO HERNANDEZ WATERWISEPRO EXPO 11/3-11/06/2025 Total:
11/07/25 MARK ANTHONY SOTELO BOARDING - K9 ONYX
Total:
11/07/25 MICHAEL ESTACIO PER DIEM WATERWISEPRO EXPO 11/3-11/06/2025 Total:
11/07/25 KYLE HATCHER PER DIEM GANG TRNG 11/17 - 11/18/2025 Total:
11/07/25 JOSEPH FLORES J. FLORES T3 CERTIFICATION REIMBURSEMENT Total:
11/07/25 MODESTO POLICE DEPARTMENT TRAINING UNIT HENN: TUITION BASIC TRAFFIC COLL 11/17-11/21/2025 Total:
11/07/25 MODESTO COLOR CENTER 5 GALLONS OF GRAFFITI PAINT Total:
11/07/25 MISSION LINEN SUPPLY 11/3/25 UNIFORM SERVICE STREETS 11/3/25 UNIFORM SERVICE PARKS
Total:
11/07/25 MODESTO WINDUSTRIAL CO PVC-STOCK
Total:

ITEM 4

ATTACHMENT A
11/25/2025
16 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
22600006 1,407.63
516.00
1,923.63
2,176.05
2,176.05
929.15
929.15
503.95
503.95

20.81 104.04

60.61 431.46
558.92
1,175.84

72.64 72.64
194.22
194.22
102.48
812.84
299.36
347.36
1,079.83
2,641.87
1,219.00
1,219.00
22500106 7,647.50
7,647.50
11/07/25 NBS GOVT FINANCE GRP INC OCT 1 - DEC 31 2025 CFD DIST ADMIN SERVICES Total:
11/07/25 MOTOROLA SOLUTIONS, INC MOTOROLA RADIO MAINTENANCE M500 BASIC ALPR JAN 1 2026 - DEC 31, 2026
Total:

GENERAL SUPPLIES FOR THE DEPARTMENT

TONER FOR DETECTIVES
Total:
11/07/25 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES FINANCE

BATTERIES

ENVELOPES
11/07/25 ODP BUSINESS SOLUTIONS, LLC RECEIPT PAPER, TONER, OFFICE SUPPLIES FINANCE Total:
11/07/25 TOUCHDOWN FIRE, INC ANNUAL FIRE EXTINGUISHER INSPECTION & REPLACEMENTS Total:

SAFETY VESTS AND HATS FOR FACILITIES

SAFETY VESTS AND HATS FOR WATER
Total:
11/07/25 SHANE PARSON SAFETY VESTS AND HATS FOR WASTEWATER

SAFETY VESTS & HATS STREETS

SAFETY VESTS AND HATS FOR PARKS
11/07/25 R&H WHOLESALE SUPPLY, INC PADLOCKS FOR PARKS Total:
11/07/25 THE PITTSBURGH PAINTS CO. PAINT-GRAFFITI ABATEMENT Total:
11/07/25 SNS AUTOMATION OCT25 PUBLIC WORKS DEPT SCADA SYSTEMS INTEGRATION Total:
11/07/25 SHARP ELECTRONICS CORPORATION STANDARD PYMNT 8 COPIERS 1 PR Total:

ITEM 4

ATTACHMENT A
11/25/2025
17 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
407.81
407.81
4,650.02
4,650.02
109.00
109.00

83.15 83.15

83.15 249.45
107.93
107.93
279.69
279.69
5,184.73
5,184.73
323.64
323.64
22500043 2,841.49
22500034 3,557.08
6,398.57
243.84
1,321.23
1,565.07
1,013.81
1,013.81
1,104.00
1,104.00
365.17
365.17
11/07/25 SPLITFIRE GRAPHICS 12/6/25 CHRISTMAS FESTIVAL & PARADE BANNERS Total:
11/07/25 M AND D FAMILY ENDEAVORS, INC DOG FOOD - LORD HUFF/ONYX

DOG FOOD - RUSHING/ODIN

DOG FOOD - GALLENKAMP/FIONA
11/07/25 THORSEN'S INC. SERVICE LABOR @ HWH COSTA FEILDS Total:
11/07/25 THIRKETTLE CORPORATION ¾" REGISTERS WATER Total:

Total:
11/07/25 US ARMOR CORPORATION BALLISTIC VESTS: PINON, DIAZ, CARTER, CHANDLER Total:
11/07/25 UNITED SITE SERVICES 10/01 - 10/31/2025 RANGE TOILET RENTAL Total:
11/07/25 UNION PACIFIC RAILROAD COMPANY OCT 25 PLAN RVW SR99 SERV/MITCHELL MOFFETT RD REHAB PROJ AGRMNT/SWR RPLMNT RESO#24-57
Total:
11/07/25 WILLE ELECTRIC SUPPLY, INC. REPLACEMENT T8 LIGHT TUBES FOR WRRF ADMIN Total:
11/07/25 WESTWOOD PROFESSIONAL SERVICES CENTRAL & HACKETT CORRIDOR PED SFTY ARGMNT (081) Total:
11/07/25 VICTOR GIL BEANIES FOR PATROL
Total:
11/12/25 AT&T 09/20/2025-10/19/2025 CALNET
Total:
11/12/25 ALAMEDA COUNTY SHERIFF'S OFFIC REGNL TRNG VIERRA/RUSHING: TUITION RIFLE INSTR 12/08-12/25 REPLACEMENT SO CORD FOR AERATOR 2-1 & FITTINGS
Total:
11/12/25 AL'S CERTIFIED SAFE & LOCK KEY BLANKS AND CYLINDERS Total:

ITEM 4

ATTACHMENT A
11/25/2025
18 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
581,810.74
581,810.74
129.34

69.57 198.91
22500024 26,795.00
26,795.00

17.29 17.29
1,032.00
1,032.00
5,962.47
10,273.87
16,236.34
202.50
202.50
115.00
130.00
140.00
140.00

50.00 45.95

45.95 696.15
1,273.95
696.15
3,333.15
22500103 88,510.79
88,510.79

ELECTRICAL FITTINGS
Total:
11/12/25 DOKKEN ENGINEERING CROWS LANDING RD REHAB PROJ 10/01 - 10/31/2025 Total:
11/12/25 CHOICE ELECTRIC, INC ELECTRICAL FITTINGS 11/12/25 BERTOLOTTI CERES DISPOSAL, INC OCT 2025 GARBAGE BILLING FRANCHISE FEE Total:
11/12/25 HUNT & SONS LLC 10/15-10/31/25 FUEL FOR PD Total:
11/12/25 GATE-OR-DOOR INC. REPLACE OUTDATED RECEIVERS,REMOTES,OVER HEAD DOORS Total:
11/12/25 FERGUSON US HOLDINGS, INC PLUMBING PARTS

WRRF INFLUENT SAMPLES
TURLOCK EXPORT SAMPLES ANALYSIS #2
TURLOCK EXPORT SAMPLES ANALYSIS #1

DRINKING WATER QUALITY SAMPLES

DRINKING WATER QUALITY SAMPLES
Total:
11/12/25 MICROBAC LABORATORIES, INC WRRF MONTHLY SAMPLE ANALYSIS NOVEMBER 10/15-10/31/25 FUEL FOR PW
Total:
11/12/25 I.C. REFRIGERATION SERVICE, INC. SERVICE CALL FOR MINI SPLIT IN SERVER ROOM @ PD 11/12/25 MID-CAL PIPELINE & UTILITIES MORGAN RD STORM DRAIN (PROJ #2408) RESO2024-143 Total:

DRINKING WATER QUALITY SAMPLES

DRINKING WATER QUALITY SAMPLES

DRINKING WATER QUALITY SAMPLES

DRINKING WATER QUALITY SAMPLES
Total:

ITEM 4

ATTACHMENT A
11/25/2025
19 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

46.34 46.34
506.00
506.00
450.00
450.00
1,157.02
1,157.02

28.04 28.04

46.16 46.16
1,099.11
1,099.11
110.58
110.58
137.19
137.19
22600036 11,011.00
22600036 201,519.75
212,530.75
115.00
115.00
1,498.00
1,498.00
23,720.55
23,720.55
11/12/25 ANGELICA HERNANDEZ MILEAGE FOR SEPT 24 - NOV 6 2025 EVENTS Total:
11/12/25 MATTHEW VIERRA M.VIERRA:LODGING/PER DIEM RIFLE INST 12/7-12/12/25 Total:
11/12/25 ESPERANZA AGUILAR TURF REBATE #179 Total:
11/12/25 CHARLES RUSHING RUSHING: PER DIEM RIFLE INSTR 12/7 - 12/12/25 Total:
11/12/25 PACIFIC GAS & ELECTRIC OCT 2025 PG&E SVCS VARIOUS LOCATIONS Total:
11/12/25 MODESTO BATTERY COMPANY & SUPPLIES, INC. BATTERIES Total:
11/12/25 MISSION LINEN SUPPLY 11/03/25 UNIFORM SERVICE FACILITIES Total:
11/12/25 STANISLAUS ANIMAL SERVICES AGENCY ANIMAL CONTROL DEBT SERVICE OCT - DEC 2025 ANIMAL CONTROL OPERATIONAL COST OCT-DEC 2025
Total:
11/12/25 SLAKEY BROTHERS, INC. THERMOSTAT @ CCC
Total:
11/12/25 REXEL USA, INC. ELECTRICAL TAPE
Total:
11/12/25 U.S. BANK VISA OCT 25 VISAS
Total:
11/12/25 TRANE U.S. INC. HVAC REPAIRS TO CONTROLS Total:
11/12/25 STANISLAUS COUNTY SHERIFF'S HENN: TUITION FTO UPDATE 12/8-12/10/25 Total:

ITEM 4

ATTACHMENT A
11/25/2025
20 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

92.00 230.00
115.00
138.00
575.00
278.68
592.14
870.82
283.49
283.49
269.16
269.16

65.01 276.32

79.08 135.59
556.00
195.00
195.00

31.54 31.54

91.12 31.41
286.27
844.35

31.41 31.41
155.40
1,471.37
PULLY,FILTER, BELT FOR UNIT# 30-516-23
Total:
11/18/25 ADVANCED TECHNOLOGY DISTRIBUTORS, INC NOV 25 SCADA SYSTEMS MANAGED BACKUPS PUBLIC HEARING NOTICE - G3 APPEAL
Total:
11/18/25 A & B TRUCK PARTS, INC SEALS, HOSE, FITTINGS UNIT# 30-266 & 25-266 11/18/25 209 MULTIMEDIA CORPORATION CC#4-12 PUB HRNG - PUB FAC NEXUS STDY (18121)

PUBLIC HEARING NOTICE PLAN COMM
PUBLIC HEARING - LEVY OCT 13 CDRAB

ETHER CABLE, CRIMPER,WALL PASSTHROUGH PLATE-SCADA

OFFICE FURNACE FILTERS

SOUND DAMPENING FOR NEW SERVER
Total:

Total:
11/18/25 AMAZON CAPITAL SERVICES, INC. WIRELESS ROUTER FOR WEATHER STATION Total:
11/18/25 AL'S CERTIFIED SAFE & LOCK REKEY OFFICE LOCKS, KEYS 11/18/25 AT&T 10/06 - 11/05/2025 CALNET SVC
10/06 - 11/05/2025 CALNET SVC
10/07 - 11/06/2025 CALNET SVC
11/18/25 AT&T 11/07-12/06/25 FIRE ALARM SVC
Total:
11/18/25 AMERICAN VALLEY WASTE OIL INC USED OIL PICKUP FEE Total:
10/07 - 11/06/25 SUPERTRUNK
10/06 - 11/05/2025 CALNET SVC
09/20/2025-10/19/2025 CALNET
10/07 - 11/06/25 CALNET SVCS
Total:

ITEM 4

ATTACHMENT A
11/25/2025
21 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
5,122.41
5,122.41
515.42
515.42
22600054 3,275.00
3,275.00
1,300.00
22600004 2,521.00
3,821.00

54.87 54.87
555.00

78.56 633.56
22600008 23,744.00
23,744.00
116.07
116.07

77.38 309.52
1,578.99
1,578.99
340.40
340.40
22600030 669,331.58
669,331.58

32.02 32.02
1,559,504.76
1,559,504.76
11/18/25 ATCO MANUFACTURING CO. SAFETY APPAREL
Total:
11/18/25 AT&T NOV 5 - DEC 4 2025 SHORETEL
Total:
11/18/25 BLUETRITON BRANDS INC DI WATER FOR LAB SAMPLE ANALYSIS Total:
11/18/25 BEAR ELECTRICAL SOLUTIONS, INC TRAFFIC SIGNAL RESPONSE

THE TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES
Total:
11/18/25 AVENU GRS, LLC SALES, USE & TRANSACTION TAX RECOVERY AUDIT SRVS Total:
11/18/25 CALIFORNIA LANDSCAPE SUPPLY, INC. FILL DIRT @ EVANS RD MAIN LEAK REPAIR FILL DIRT @ EVANS MAIN LEAK REPAIR
FILL DIRT @ PERISBURG
11/18/25 BRIGHTVIEW LANDSCAPE SERVICES, INC LANDSCAPE SERVICES FOR CITY PARKS Total:
11/18/25 BONANDER TRUCK & TRAILER INC. SERVICE AND LABOR FOR UNIT# 10-133

SEALS AND EVAPORATORS
Total:

Total:
11/18/25 CITY OF MODESTO NOV 25 CERES FIRE SRVS CONTRACT Total:
11/18/25 CHARTER COMMUNICATIONS 11/4-12/3/25 INTERNET FOR SCADA WW Total:
11/18/25 CHARTER COMMUNICATIONS 11/1 TO 11/30/2025 INTERNET SVCS FIBER AND CABLE Total:

Total:
11/18/25 CITY OF TURLOCK JULY- SEPT25 1ST QTR SRWA SHARE OF COST Total:
11/18/25 CITY OF MODESTO 9/22/-10/27/25 WATER SVCS ROW @ RICHLAND AVE ITEM 4

ATTACHMENT A
11/25/2025
22 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
68,635.12
68,635.12
150.00
150.00

39.76 73.93
113.69
22600059 5,780.33
5,780.33
10,433.32
10,433.32
146.31
146.31
22600026 12,901.30
12,901.30
1,976.25
1,208.38
3,184.63
135.00
135.00
270.00
3,450.00
3,450.00
4,549.40
4,549.40
126.00
126.00
244,997.10
244,997.10
11/18/25 CITY OF TURLOCK OCT25 TURLOCK SEWER USE CHARGES 10/1-10/31/25

OFFICE WATER PW
Total:
11/18/25 DAVID LANGLEY INC. NOVEMBER 25 JANITORIAL SVCS COMM CNTR Total:
11/18/25 DAIOHS USA INC. OFFICE WATER WATER DEPT.

Total:
11/18/25 CMRTA 1 YR MEMBERSHIP RENEWAL THROUGH DEC 31 2026 Total:
11/18/25 DOKKEN ENGINEERING DESIGN SVCS FOR SERVICE/MITCHELL INTER (2530)25-68 Total:
11/18/25 DITTOS COPY CENTER, INC. COURTESY NOTICE DOOR HANGERS Total:
11/18/25 DELTA DENTAL OF CALIFORNIA DECEMBER 2025 DENTAL PREMIUMS NOV 2025 MONTHLY SERVICE PD
Total:
11/18/25 ENVIRONMENTAL INCENTIVES, INC UWUO ANNUAL REPORT DELIVERABLES #1 0F 2

CELLULAR ROUTER FOR SCADA
Total:
11/18/25 ELEVATOR TECHNOLOGY, INC. NOV 2025 MONTHLY SERVICE CCC Total:
11/18/25 E&M ELECTRIC AND MACHINERY, INC CONFIGURE ROUTER TO SCADA & NETWORK Total:
11/18/25 FIRE RISK MANAGEMENT SERVICES DECEMBER 2025 MEDICAL/VISION PREMIUMS Total:
11/18/25 FORD MOTOR COMPANY P.D TELEMATICS
Total:
11/18/25 FERGUSON US HOLDINGS, INC G-5 VALVE BOXES & LIDS Total:

ITEM 4

ATTACHMENT A
11/25/2025
23 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
3,712.00
3,712.00
22600057 1,680.00
1,680.00
22600056 472.50
22600056 10,693.55
11,166.05
1,590.00
496.92
113.76
331.82
2,532.50
292.95
292.95
26,334.00
26,334.00
524.72
621.76
1,146.48
123.20

48.99 172.19
22600009 250.00
22600009 250.00
500.00
475.00
475.00
260.00
260.00
Total:
11/18/25 GOUVEIA ENGINEERING, INC. PLANNER SERVICES 10 27 25 CC MEETING Total:
11/18/25 GDR ENGINEERING, INC. NWC SERVICE & CROWS LANDING ROADS FINAL PARCEL MAP 11/18/25 GARYS FENCING & WIRE SUPPLY, INC INSTALLATION CHAINLINK FENCE WATER DEPT. 11/18/25 GREEN RUBBER-KENNEDY AG MISC TOOLS
Total:

HVAC FILTERS

HVAC FILTERS

PVC CUTTER
Total:
10/01 - 10/31/2025 PRINCIPAL PLANNER SERVICES
Total:
11/18/25 GRAINGER 8 FLOATS FOR STORM DRAIN LIFT STATION REPAIRS 11/18/25 IMPERIAL BAG & PAPER CO. LLC CUSTODIAL SUPPLIES FS 15

CUSTODIAL SUPPLIES
Total:
11/18/25 VALLEY FARM SUPPLY STORES, INC TREE SUPPLIES FOR ALL PARKS

TREE SUPPLIES
Total:
11/18/25 HADRONEX, INC ANNUAL LICENSE 2026 & PARTS Total:
11/18/25 JANA KIRCHERT 11/3-13/25 GET FIT/ZUMBA GOLD CLASSES Total:
11/18/25 INFOSEND, INC. AUG 2025 UB ONLINE MAINT & SUPPORT FEE Total:
11/18/25 INDUSTRIAL ELECTRICAL CO. GENERATOR PREVENTATIVE MAINTENANCE @ PD GENERATOR PREVENTATIVE MAINTENANCE @ FS 17
Total:

ITEM 4

ATTACHMENT A
11/25/2025
24 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
120.00
120.00
119.99
119.99
710.50
710.50

91.18 91.92
199.85
382.95
4,243.50
4,243.50
250.00
250.00

34.09 34.09

10.00 10.00
167.78

54.67 70.30

31.73 31.73

38.58 79.46
180.55
128.90
803.70
11/18/25 M&G-4 13 INC. 11/21/25 SENIOR CHAIR YOGA & BRUNCH EVENT FOOD Total:
11/18/25 LES SCHWAB TIRE CENTER ALIGNMENT FOR PD DEPT.

Total:
11/18/25 KATHRYN FOSTER MOULAGE SERVICES FOR ACTIVE SHOOTER TRAINING Total:

Total:
11/18/25 BRIAN PETERSEN REIMB FOR FBI LEADERSHIP TUITION 06/30 - 07/02/25 Total:
11/18/25 MICROBAC LABORATORIES, INC DRINKING WATER DISTRIBUTION SAMPLES 11/18/25 MARTIN MARIETTA MATERIALS, INC. 1.08 TONS OF ASPHALT FOR POTHOLE PATCHING

1.09 TONS OF ASPHALT FOR POTHOLE PATCHING

2.54 TONS OF ASPHALT FOR POTHOLE PATCHING
11/17/25 MATS FOR PW ADMIN BUILDING
11/10/25 UNIFORM SERVICE WASTEWATER
11/10/25 UNIFORM SERVICE STREETS
11/3/25 UNIFORM SERVICE FLEET
11/10/25 UNIFORM SERVICE FLEET
Total:
11/18/25 MISSION LINEN SUPPLY 11/10/25 MATS FOR PW ADMIN BUILDING Total:
11/18/25 LAUREN ROBBINS 11/20/25 CSMFO CHAPTER MEETING MILEAGE Total:
11/17/25 UNIFORM SERVICE FLEET
11/10/25 UNIFORM SERVICE FACILITIES
11/03/25 UNIFORM SERVICE WTR/WTR CONSERVATION
11/10/25 UNIFORM SERVICE WTR/WTR CONSERVATION
11/17/25 UNIFORM SERVICE FOR WTR/WTR CONSERVATION
ITEM 4

ATTACHMENT A
11/25/2025
25 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
111.49
148.33
259.82
2,176.37
2,176.37
22600024 7,901.25
7,901.25
-10.84
1,011.69
-26.01
-892.49
586.57
606.27
-352.02

73.73 121.34
485.37

42.26 929.62
2,575.49

60.95 -51.42

9.53 333.01
326.35
405.79
124.36

12.87 98.82
641.84
WELL 42-34 SAMPLE PORTS REPLACEMENT
Total:
11/18/25 MOTOR PARTS DISTRIBUTORS INC VALVE COR,COOLING FAN,BULBS,FILTERS,WIPERS,BRK PAD 11/18/25 MODESTO WINDUSTRIAL CO WELL 42-34 SAMPLE PORT REPLACEMENT

CONTROL ARMS, OIL FOR STOCK
6G MOTOR OIL RETURN & PURCHASE

CONTROL ARMS RETURN/CREDIT
FRONT END PARTS UNIT# 10-243-09
1 STARTER FOR UNIT# 10-243-09 & 4 BALL JOINTS
Total:
11/18/25 O'REILLY AUTO PARTS CORE RETURN
Total:
11/18/25 NORTHSTAR ENGINEERING GROUP, INC. 10/01 - 10/31/2025 PLANNING PROJECT MANAGEMENT SERVICES CREDIT: SHEET PROTECTORS
Total:
11/18/25 PACE SUPPLY CORP REGISTERS AND WIRE
STRUT, CONTROL ARM ON UNIT# 10-269-05
Total:
11/18/25 ODP BUSINESS SOLUTIONS, LLC GREEN PAPER & SHEET PROTECTORS

BALL JOINTS RETURN
LED CAPSULE UNIT# 30-291-19
BALL JOINTS FOR UNIT# 10-265-05
CONTROL ARMS FOR UNIT# 10-243-09

WASHER FLUID STOCK
PG&E SRVCS 10/01 - 10/31/25 3101 FOWLER RD
OCT 25 PG&E SRVCS 2928 5TH ST
PG&E SRVCS 10/02 - 10/31 420 SERVICE RD
Total:

Total:
11/18/25 PACIFIC GAS & ELECTRIC PG&E SRVCS 10/03 - 11/02/25 2701 4TH ST ITEM 4

ATTACHMENT A
11/25/2025
26 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
135.00
135.00
22500102 9,398.88
9,398.88

50.52 304.44
259.68
614.64
22500109 49.40

49.40 660.00
660.00
200.00
200.00
150.00
150.00
735.35
735.35
2,729.24
2,729.24
3,001.20
3,001.20
193.02
193.02
6,266.91
6,266.91
117,258.84
117,258.84
8,321.69
8,321.69
11/18/25 PACIFIC STORAGE COMPANY NOVEMBER PD SHREDDING Total:

Total:
11/18/25 PROVOST AND PRITCHARD ENGINEERING, INC WELL 22 GRANULAR ACTIVATED CARBON TREATMENT VESSEL 11/18/25 PRICE FORD OF TURLOCK, INC. VALVE FOR STOCK HEATER CORE, RADIATOR, VALVE UNIT# 10-130-21
TAIL LIGHT FOR UNIT# 40-245-23
11/18/25 PARADIGM CONSTRUCTION MGMT, INC WASTEWATER TREATMENT PLANT ADMIN BUILDING UPGRADE Total:

Total:
11/18/25 SOUTHEAST ASIA GRILL SOUTHEAST ASIA GRILL C4662 RFND EVNT CANCELED Total:
11/18/25 RAYCO INDUSTRIAL SUPPLY INC REPAIR CORD REEL FS 18 Total:
11/18/25 BARRY R. VALLERAND TOWING AND LABOR UNIT# 25-266-19 Total:
11/18/25 STANDARD INSURANCE DECEMBER 2025 BASIC/VOLUNTARY LIFE INSURANCE PREMS Total:
11/18/25 SHARP ELECTRONICS CORPORATION JUL 1- SEP 30 2025 DUPLICATING COST Total:
11/18/25 REXEL USA, INC. ELECTRONIC BALLASTS
Total:
11/18/25 TURLOCK IRRIGATION DISTRICT OCT 07 - NOV 07 2025 TID ELECTRICITY SVCS Total:
11/18/25 T-MOBILE USA, INC SEP 21 - OCT 20 2025 T-MOBILE PHONE SVCS Total:
11/18/25 SUMEET SINGH PARTS FOR UNIT# #10-103-25
Total:

Total:
11/18/25 TURLOCK IRRIGATION DISTRICT STORM DRAIN PIPELINE SHARE OF COST ITEM 4

ATTACHMENT A
11/25/2025
27 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

9.90 9.90

19.92 19.92

13.46 13.46
146.09
146.09

23.89 23.89

45.37 45.37
130.58
130.58

27.55 27.55

50.00 50.00
316.55
316.55

25.31 25.31
118.28
118.28
315.95
315.95
307.28
307.28

35.72 Total:
11/18/25 BEJAR GUIZAR, MAYRA UB OVERPAYMENT REFUND 0230 11/18/25 BARRO STRUCTURAL STEEL UB OVERPAYMENT REFUND 6800 Total:
11/18/25 DONALDSON, DON & JAN UB OVERPAYMENT REFUND 0240 Total:
11/18/25 DE LEON, BRENDA UB OVERPAYMENT REFUND 0590 Total:
11/18/25 BOISSIERE, DEBORA P. UB OVERPAYMENT REFUND 9810 Total:
11/18/25 KOSIEWICZ, DOROTHY UB OVERPAYMENT REFUND 0090 Total:
11/18/25 FRANK, KIMBERLY UB OVERPAYMENT REFUND 0260 Total:
11/18/25 DOSANJH, SUKHMINDER SINGH UB OVERPAYMENT REFUND 0080 Total:
11/18/25 PADILLA, MONICA UB OVERPAYMENT REFUND 0040 Total:
11/18/25 MORALES CHAVEZ, JUAN JOSE UB OVERPAYMENT REFUND 0320 Total:
11/18/25 LEE, CHELSEY AMBER UB OVERPAYMENT REFUND 1940 Total:
11/18/25 PRAUS HOLDINGS LLC UB OVERPAYMENT REFUND 0120 Total:
11/18/25 PEREZ, DIANA LYNNE UB OVERPAYMENT REFUND 0130 Total:
11/18/25 PARRA, CRYSTAL JOHNETTA UB OVERPAYMENT REFUND 0070 Total:
11/18/25 RANDEZ, AMANDA JO UB OERPAYMENT REFUND 0170 ITEM 4

ATTACHMENT A
11/25/2025
28 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres

35.72 300.06
300.06

91.75 91.75
341.60
341.60
172.49
172.49

96.09 96.09

30.48 30.48

69.04 69.04

10.83 10.83

79.00 79.00
124.94
124.94
930.44
930.44
1,083.29
1,083.29
205.86
205.86
2,824.07
2,824.07
Total:
11/18/25 SMITH, DEBBIE UB OVERPAYMENT REFUND 0150 Total:
11/18/25 SALCEDO JR, JAVIER R UB OVERPAYMENT REFUND 0350 Total:
11/18/25 US1 LLC, HPA UB OVERPAYMENT REFUND 0060 Total:
11/18/25 SUN, SHUDUAN UB OVERPAYMENT REFUND 0140 Total:
11/18/25 STANISLAUS FARM SUPPLY UB OVERPAYMENT REFUND 1580 Total:
11/18/25 WYATT, SANDY UB OVERPAYMENT REFUND 0020 Total:
11/18/25 VERA, MANUEL SOTO UB OVERPYAMENT REFUND 0230 Total:
11/18/25 VELLA LIVING TRUST UB OVERPAYMENT REFUND 0590 Total:
11/18/25 ULINE, INC REPLACEMENT SAFE FOR PROPERTY & EVIDENCE Total:
11/18/25 ZHU, BILLI GUILI UB OVERPAYMENT REFUND 0280 Total:
11/18/25 YORBA, CRYSTAL UB OVERPAYMENT REFUND 1000 Total:
11/18/25 VERIZON WIRELESS OCT 5 - NOV 4 2025 VERIZON SV Total:
11/18/25 VALLEY WIDE COOPERATIVE BOOT ALLOWANCE FOR K. VAUGHN Total:
11/18/25 VALLEY TIRE SALES, INC. 7 TIRES FOR FLEET DEPT.

Total:

ITEM 4

ATTACHMENT A
11/25/2025
29 Date Vendor Name PO# Invoice Description Amount
Voucher List
City of Ceres
244.97

47.82 292.79
22300044 5,147.50
5,147.50
5,043,312.22
Total:

Vouchers in this report Total vouchers:

BATHROOM VANITY LIGHT REPLACEMENT
Total:
11/18/25 WOOD RODGERS, INC. PLANNING SERVICES FOR COPPER TRAILS SPECIFIC PLAN 11/18/25 WILLE ELECTRIC SUPPLY, INC. REPLACE LIGHT TUBES ADMIN BUILDING ITEM 4
Vendor: US BANK VISA
Check Date: 11/12/2025
Invoice No.: Oct-25
Invoice Descritpion: OCT 25 VISAS

CARD HOLDER CHARGE DESCRIPTION TOTAL

HANK UNRUH
FLAT WASHERS, CONCRETE ANCHORS, FUSES, PHOTOS CONTROLS, SILICONE EPOXY, IPHONE CHARGERS, (15) FLOOR SWEEPERS, ELECTRICAL TRACER WIRE, STEEL FISH TAPE, JETLINE, SYNTHETIC WAX, 5 GAL BUCKET, TRAILER HITCH LOCK 1,471.10 MARK ANDERSON REPLACEMENT APC BATTERY FOR PD 2ND FLOOR 549.42 BRYAN N FERREIRA WIRELESS HDMI ADAPTORS FOR UAV'S 86.68 AMERICO R CASTANEDA PLUMBING/ FLEET, TOOL/ FACILITIES, BRUSH/ CUSTODIAL, SHELF 272.19

DIRK NIEUWENHUIS

CLOUD STORAGE FOR SOCIAL MEDIA/PR TEAM, SAFETY GLASSES FOR TRAINING/RANGE, DRINKS FOR ACTIVE SHOOTER TRAININGS, SOFTWARE FOR SOCIAL MEDIA/PR TEAM 377.10
TONI CORDELL CERES COURIER SUBSCRIPTION, REFRESHMENTS FOR SAFETY MEETING, C&D FORMS FOR PERMIT APPLICANTS 156.79

JOSEPH CHAVEZ
9/25/25 COUNTY SENIOR PROM FOOD AND EVENT SUPPLIES, 10/18/25 TRUNK OR TREAT SUPPLIES, 10/18/25 TRUNK OR TREAT STAFF FOOD, 10/18/25 TRUNK OR TREAT STAFF FOOD 1,798.37
AARON R OJEDA-MORENO BATTERIES FOR LOCATOR, FORMS, PLUG & WOOD SHEETING 192.18

FALLON MARTIN
LUNCH FOR CM/CEO MONTHLY MEETING, OFFICE SUPPLIES, PUBLIC NOTICE FOR FIRE CODE UPDATE, D.DUNFORD: LOCC CM CONF (REGISTRATION) 10/07 - 10/11/2025 1,267.19
ANGELICA HERNANDEZ BADGE PRINTER INK, ORAL PANEL REFRESHMENTS, BENEFIT MEETINGS REFRESHMENTS, BENEFIT MEETING SUPPLIES, OFFICE SUPPLIES 366.07 ABRAHAM OCHOA JR WASTEWATER TOILET PAPER HOLDER, COMMUNITY CENTER/ SOLID HARDWOOD UNFINISHED 141.69 JOSHUA CASAS BAG OF CANDY FOR COLLEGE NIGHT CITY OF CERES BOOTH, WORK BOOTS 219.88

JESSICA PULLIAM
10/18/25 TRUNK OR TREAT EVENT SUPPLIES, 10/18/25 TRUNK OR TREAT ENVIRON. RES. VENDOR FEE, 10/18/25 TRUNK OR TREAT ACTIVITIES, J.PULLIAM CITY BUSINESS CARDS, 11/1/25 DIA DE LOS MUERTOS ENVIR. RES. VENDOR FEE 1,083.91

MARCY PEDERSON
FTO SCHOOL REGISTRATION - GALLENKAMP & VANDAGRIFF 12-15 TO 12-19, CITATION ZIPBAGS, ADDRESS STAMP, ADDITIONAL CITY TAX

FOR CUSTOM STAMP ORDER, OPEN SOURCE PLATFORM FOR INVESTIGATIONS, ADDRESS STAMP, REPLACEMENT CHAIR FOR CHIEF'S CONFERENCE ROOM, 2026 PLANNER FOR LIVE SCANS, GLUE STICKS 1,837.39

ELLEN EDMONDSON
BUTANE/PRESICION SCREW DRIVERS, SMALL TORCH, MUCK BOOT FOR J. FLORES (NOT PART OF THE ALLOWANCE FOR EMPLOYEES) FOR WORK, DEFENSIVE DRIVING COURSE FOR E. EDMONDSON, PUMP MOTOR WELLS, TELESCOPIC MAGNETS 5LB & 3LB, PLIERS MULTI TYPES, SUN HAT FOR JEFF, 2 GATE OPENERS FOR WORK TRUCKS, SMALL PICKS 759.50

JOHNNY CARRILLO
ELECTRICAL -PD, FAN BELT- FS 15, 1 PHONE CASE/ 4 PACK WET FLOOR SIGNS, RETURN 4 PACK WET FLOOR SIGN, WET FLOOR SIGNS, PLUMBING-PD, PLUMBING -PD, ELECTRICAL-PD, 6 PACK WET FLOOR SIGNS-PD 345.62 SHAWN W HESS FURNITURE DOLLIES, BUCKETS, NUTS, & BOLTS, WRRF FILM DEVELOPING 129.69

CRYSTEL AGUILAR

COUNTY SENIOR EVENTS, RECREATION SUPPLIES - SENIORS, SERVSAFE MANAGER FOOD CERTIFICATION AND PROCTER, FACILITY SUPPLIES, TRAINING - 2025 SENIOR SYMPOSIUM CAGUILAR 1,162.08
SONIA LEDEZMA CLASSIFICATION FOLDERS/ ACCOUNTING, FILE ORGANIZERS FOR UB REGISTERS, FILE ORGANIZERS FOR UB REGISTERS 130.28 KHRISNA STITZELL OFFICE SUPPLIES, K.STITZELL ANNUAL CPRS MEMBERSHIP, J.CHAVEZ ANNUAL CPRS MEMBERSHIP 714.64 ITEM 4
MICHAEL BELTRAN OFFICE SUPPLY - INK 39.75
SCOTT KEYS ESSENTIAL ELECTRICAL TROUBLESHOOTING TRAINING 11/05/2025 M. DANEZ 249.00 BOBBY TITUS POWER SUPPLY @ WELL#22, CIRCUIT BREAKERS FOR WELL #22, PRESSURE GAUGES FOR WELL #22 848.82

SHAWN WALKER

NEW FISH TAPE TO PULL WIRE THROUGH RACE WAYS, WIRE FOR CITY FIBER OPTIC LINE TO RUN TRACER WIRE SPLIT BOLT TO SPLICE, FIBER OPTIC LINE WHITMORE AVE HARDWARE AND BUCKET FOR SPLIT BOLT SPLICE TO MOUNT 552.29 JOHN BANTA EDGEPOINT POE INJECTORS 54VDC 80W 170.15
JULIAN AGUIRRE CERTIFICATE OF STATUS 5.00
MATTHEW WILLIAMS REPLACEMENT CIRCUIT BREAKERS, TAPE & CAULKING FOR DOORS, WIRE FOR CONTROL PANELS 645.06 JEFFREY VARNI LATEST IN SIDEWALK VENDING LAWS AND ENFORCEMENT 10-15-2025 FOR J VARNI 50.00 CRISTINA AGUILAR 9/22-10/21/25 ZOOM MEMBERSHIP SUBSCRIPTION, CALENDAR FOR CM 58.10 RICHARD SUFFECOOL CONSTRUCTION MATERIALS FOR SINK HOLE REPAIR ON MILLEN DRIVE 138.92

ELYSE DAVIS-CAPOEMAN
ACWA EVENTS"MAKING WTR/CON A CA WAY OF LIFE" PT1 TRAINING, ACWA EVENTS"MAKING WTR/CON A CA WAY OF LIFE" PT2 TRAINING, PHONE/IPAD SUPPLIES FOR OPERATORS, PHONE/IPAD SUPPLIES FOR OPERATORS 350.30 KENNETH E VAUGHN GRAFFITI PAINT MATERIALS 209.51

KEITH GRIEBEL
2X4'S AND 1X4'S FOR RANGE SAFETY PROJECT, 18" BRASS COLLECTOR/REBUILD KIT FOR A BRASS COLLECTOR/COMPACT BRASS COLLECTOR, GLOCK MOD 45 HANDGUN 1,873.75

JEFFERY GODFREY

LA MORENITA - LATERAL OFFICER INTERVIEW PANEL LUNCH, MANAGEMENT SCHOOL - GAS RECEIPT, MANAGEMENT SCHOOL - MARRIOTT LODGING 09/28 - 10/03/25 1,481.97
JOSE BERBER DETECTIVE EVIDENCE DRYER FILTERS, DETECTIVE HIGH CAPACITY FLASH DRIVE 670.27 DOUGLAS DUNFORD DUNFORD & MARTINEZ: LOCC ANNUAL CONF (HOTEL) 10/07 - 10/10/2025 2,294.64 SHANNON ESENWEIN S ESENWEIN PROFESSIONAL DEVELOPMENT, REFUND ON PROFESSIONAL DEVELOPMENT 87.76 SUSANNE REYES WELLNESS GRANT- EE BENEFITS MEETINGS 327.07 ARMANDO HERNANDEZ 2 GAL SPRAYER, 1" VALVES 208.55
ANDREA MAGDALENO INK CARTRIDGES FOR UB RECEIPT PRINTERS 300.76 DELILAH VASQUEZ TABLECLOTHS FOR HOLIDAY PARTY 97.11
Grand Total 23,720.55
ITEM 4
ITEM 4

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: December 8, 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. 202 5-XXX, Accepting the Richland Sidewalk Improvement as Complete, and Approving the Balancing Contract Change Order , and Authorizing the Filing of the Notice of Completion, and Authorizing the Release of the Remaining Retention to the Contractor
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council to adopt a Resolution accepting the Richland Sidewalk Improvement as complete, approving the balancing contract change order, authorizing the filing of the Notice of Completion, and authorizing the release of retention to the contractor.

I. BACKGROUND:

The Richland Sidewalk Improvement project was awarded to George Reed, Inc. on July 14, 2025, with construction beginning on August 11, 202 5. The project included the removal of existing landscaping and removing and replacing pavement markings and striping, sidewalks, curb and gutters, and curb ramps to meet Americans with Disabilities Act (ADA) standards.

Construction was deemed substantially complete on September 19 , 2025, with storm drain markers and replacing a damaged streetlight remaining items to be completed. A final inspection has verified that all work has been completed to the City's satisfaction, and no outstanding items remain. Staff is now recommending the filing of a Notice of Completion to formally close out the project.

II. REASONS FOR RECOMMENDATION:

All work has been completed in accordance with the contract, plans, specifications, and to the satisfaction of the City.

ITEM 5
III. FISCAL IMPACTS:

The total project budget authorized by the City Council was $399,345.00, which included a base construction bid of $314,639.00, a 10% contingency of $31,463.90, and the remaining balance allocated for construction support services.

The final construction cost was $325,713.12, resulting in the use of $11,074.12, or 3.5% of the approved contingency. City staff labor costs from June 1, 2024, through November 15, 2025, totaled $37,199.12. BSK Associates provided materials testing and ins pection services at a cost of $9,259.50.

No General Funds were used on this project.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This project is in conformance with the first and second goals of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.

2) Livable Community: Create a vibrant, safe, attractive, and walkable community that maintains a small -town feel, with parks, trails, shopping, entertainment, and other desirable amenities.

V. POLICY ALTERNATIVES:

The City Council can choose to:

1. A pprove the request as recommended by staff; or

2. D eny the request; or

3. Continue to a future City Council Meeting
VI. INTERDEPARTMENTAL COORDINATION:

This project has been coordinated with the Public Works Department. Upon acceptance of the work, the Public Works Department will provide ongoing maintenance.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

The project is CEQA Categorically Exempt per Section 15301 Class 1 (C) (D).

IX. STEPS FOLLOWING APPROVAL:

Following the acceptance of the improvements, the Notice of Completion will be filed, and the 5% retention will be released after 35 days if no claims are filed.

ITEM 5

Approved by: ____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A - Resolution

2. Attachment B - Notice of Completion

3. Attachment C - Balancing Contract Change Order

ITEM 5
ITEM 5

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ACCEPTING THE RICHLAND SIDEWALK IMPROVEMENT AS

COMPLETE, AND APPROVING THE BALANCING CONTRACT

CHANGE ORDER, AND AUTHORIZING THE FILING OF THE NOTICE

OF COMPLETION, AND AUTHORIZING THE RELEASE OF THE

REMAINING RETENTION TO THE CONTRACTOR

THE CITY COUNCIL
City of Ceres

WHEREAS, George Reed, Inc., has completed all work required pursuant to their contract with the City of Ceres for the Richland Sidewalk Improvement; and

WHEREAS, the Director of Engineering has recommended that this project be accepted as complete, and that the contractor, Stockbridge General Contracting, Inc., be paid all sums due under the contract; and

WHEREAS, the final contract amount is $3 25,713.12 and the funds to cover the final payment and retention are available in account number 27195.800500 (2522); and

WHEREAS, it appears that the sums due under the contract are reasonable.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the Richland Sidewalk Improvement as complete, and approves the balancing contract change order, and authorizes the filing of the Notice of Completion, and authorizes the release of the remaining retention to the contractor.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of December 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

ATTACHMENT B
RECORDING REQUESTED BY:

CITY OF CERES

When recorded mail to:

City of Ceres
Fallon Martin
2220 Magnolia Street
Ceres, CA 95307

NOTICE OF COMPLETION

NOTICE IS HEREBY GIVEN:

1. On July 14, 202 5, the City of Ceres, a municipal Corporation in the County of Stanislaus, State of California accepted the bid of George Reed, Inc. , for the Richland Sidewalk Improvement.

2. On November 14, 2025, the said contract was completed by George Reed, Inc., and accepted by the City Council of the City of Ceres at a regular meeting of the City Council held on December 8, 2025

VERIFICATION

I, the undersigned, affirm:

I am the person who signed the foregoing notice. I have read and understand the above notice and know its contents, and the facts stated therein are true and correct to the best of my knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed in the City of Ceres, County of Stanislaus, State of California on this 8th day of December 2025.

By: ________________________________________
Fallon Martin, City Clerk
ITEM 5
ITEM 5

ATTACHMENT C
1 Permit, Bonds, License, and Insurance LS 1 $5,000.00 $5,000.00 1 0 $ 5,000.00 2 Public Convenience and Safety LS 1 $16,000.00 $16,000.00 1 0 $ 16,000.00 3 Water Pollution Control LS 1 $1,900.00 $1,900.00 1 0 $ 1,900.00 4 Project Identification Sign EA 2 $375.00 $750.00 2 0 $ 750.00 5 Remove Trees and Ivy LS 1 $20,000.00 $20,000.00 1 0 $ 20,000.00 6 Remove Asphalt and Aggregate Base SF 2,520 $5.00 $12,600.00 2,520 0 $ 12,600.00 7 Remove Curb and Gutter LF 1,252 $12.50 $15,650.00 1,252 0 $ 15,650.00 8 Remove Sidewalk and Curb Ramp SF 10,030 $1.50 $15,045.00 10,030 0 $ 15,045.00 9 Remove and Apply Thermoplastic Striping and
Pavement Markings LS 1 $3,950.00 $3,950.00 1 0 $ 3,950.00 10 Concrete Curb and Gutter LF 1,252 $47.00 $58,844.00 1,252 0 $ 58,844.00 11 Install Concrete Sidewalk and Curb Ramps SF 11,902 $10.00 $119,020.00 11,902 0 $ 119,020.00 12 Install Asphalt Pavement (.40' AC/.90' AB) SF 2,520 $14.00 $35,280.00 2,520 0 $ 35,280.00 13 Install Roadside Sign and Post EA 1 $600.00 $600.00 1 0 $ 600.00 14 Remove and Install New Storm Drop Inlet EA 3 $1,500.00 $4,500.00 3 0 $ 4,500.00 15 Disconnect From Existing Irrigation System LS 1 $1,000.00 $1,000.00 1 0 $ 1,000.00 16 Pull Boxes EA 2 $1,500.00 $3,000.00 2 0 $ 3,000.00 17 Restoration LS 1 $1,500.00 $1,500.00 1 0 $ 1,500.00 314,639.00$ 314,639.00$

CONTRACT CHANGE ORDERS
CCO-01 Pothole Unknown AT&T Line LS 1 $7,824.00 7,824.00$ 1 0 $ 7,824.00 CCO-02 Remove Ivy on Residential Side LS 1 $1,049.00 1,049.00$ 1 0 $ 1,049.00 CCO-03 Epoxy Bricks LS 1 $951.12 951.12$ 1 0 $ 951.12 CCO-04 Additional Striping LS 1 $1,250.00 1,250.00$ 1 0 $ 1,250.00 CCO-05 Additional Paving at Curb Ramps - Rejected LS 1 $41,090.83 41,090.83$ 0 -1 $ - $ 11,074.12
TOTAL $ 325,713.12
`

10.0%

3.52%
George Reed, Inc.
______ None __________________________________________________________ ______ As indicated on the attached letter dated: _____________ BY: DATE:

Monday, December 8, 2025
ACTUAL

QUANTITIES
City Council Scheduled Date:

Friday, September 19, 2025
$0.00 Final Project Completion: Friday, November 14, 2025 Date of Substantial Completion:

SUB-TOTAL

CHANGE ORDER
ITEM

ADJUSTED

QUANTIES
TOTAL

BALANCING CONTRACT CHANGE ORDER
October 15, 2025

CONTRACT BID

ITEM TOTAL
ACTUAL

QUANTITIES

ADJUSTED

QUANTITIES

CONTRACT

UNIT PRICE
TOTALITEM DESCRIPTIONITEM NO. ESTIMATED

QUANTITY

UNIT OF

MEASURE
Richland Sidewalk Improvement
PROJECT NO. 2522
APPROVED: ______________________________________________ Kevin Silva, Associate Engineer
ACCEPTANCE BY CONTRACTOR:

I have examined the quantities of contract items and amounts indicated as payment for extra work and deductions on the proposed final estimate, and I agree to accept the total.

Exceptions (Check One)
RECOMMENDED: _________________________________________
$0.00
Total Net Increase:

Used Contingency:

Liquidated Damages/Contractor Claims:
$11,074.12
Approved Contingency:
$11,074.12
Total Net Decrease: $0.00
$31,463.90

SUB-TOTAL
$325,713.12Final Total:

Contract Change Orders: $11,074.12
ITEM NO. ITEM DESCRIPTION UNIT OF

MEASURE

ESTIMATED

QUANTITY

CONTRACT

UNIT PRICE

SUB-TOTAL CCO
Original Contract Price: $314,639.00
Contract Change at Unit Prices:

ITEM 5
ITEM 5

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: December 8, 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 6
$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.

ITEM 6
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 6
ITEM 6

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 6

ATTACHMENT A
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk

ITEM 6
ADMINISTRATIVE BUDGET AMENDMENT TRANSFER OF FUNDSFROM ONE ACCOUNT TO ANOTHERBA # DATE: ___________ TO: Finance DepartmentFROM: Transfer appropriations from: Fund Name Org.ObjectProject(if appl.)Appropriation AmountTotal Transfer appropriations to: Fund Name Org. ObjectProject (if appl.) Appropriation AmountTotal JUSTIFICATION: This administrative budget transfer ______________________________________ Department Head Date ______________________________________ Finance Director Date City Manager Date

ITEM 6
1 CITY OF CERES

CONSTRUCTION CONTRACT

HATCH ROAD 18” WATER TRANSMISSION LINE PHASE 3
PROJECT NO. 2525

1 . P ARTIES AND DATE.

T
his 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 C
ontract.

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
ITEM 6
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

ATTACHMENT C
ITEM 6
3 substantiate requests for substitutions of an “or equal” material, process or article data shall i
nclude 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

ATTACHMENT C
ITEM 6
4 Contract and as required by law. Contractor shall be responsible for all reports and obligations r
especting 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

ATTACHMENT C
ITEM 6
5 documentation as required by the Contract or by City during the prosecution of the Work; (9) e
rroneous 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.

ATTACHMENT C
ITEM 6
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

ATTACHMENT C
ITEM 6
7 requirements under this Contract and applicable law. Any stop orders issued by the Department o
f Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

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

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

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

ATTACHMENT C
ITEM 6
8 3.8.1.5 Liability for Non-Compliance. Failure to comply with the P
ermit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

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

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

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

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract

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9 Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law a
pplicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

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

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

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10 violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others f
or whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

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

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

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

3.10 Claims; Government Code Claim Compliance.

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

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

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

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

3.10.3.2 List of documents relating to claim:

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11 (A) Specifications
(
B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

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

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

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

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

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

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and

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12 the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be p
rocessed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

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

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

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

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

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

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

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

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

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13 3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1 141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

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

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

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

3.12 Indemnification.

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

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14 3 .12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officilas, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance.
(a) Required Coverage At all times commencing no later than commencement of the Work and to remain in effect for the entire term of this Agreement including any extensions of time, Contractor shall, at its expense, obtain and maintain, and shall cause its Subcontractors to obtain and maintain, with insurers of recognized responsibility authorized to do business in the California as admitted carriers having a rating not lower than “A” as rated by A.M. Best Company, Inc. or other independent rating companies, the following insurance which shall include the minimum coverages and limits set forth below:
(i) Commercial General Liability Insurance Commercial general liability insurance on an “occurrence” basis arising out of claims for bodily injury (including death) and property damage, as will protect the Contractor, which may arise out of or result from the Contractor’s operations under the Agreement and for which the Contractor legally liable, whether such operations are by the Contractor, by a Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Such insurance shall protect the Contractor and Owner against loss from liability imposed for damages (1) on account of bodily or personal injuries, including death, disease and sickness, accidentally suffered or alleged to have been suffered by any person or persons that may be caused directly or indirectly by the performance of this Agreement, and (2) on account of injury to or destruction of property, including the resultant loss of use of the Project or other Owner facilities or equipment, resulting from acts of commission or omission by the Contractor, or otherwise resulting directly or indirectly from the Contractor’s operations in the performance of this Agreement. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld and shall be in amounts not less than Five Million Dollars ($5,000,000) general aggregate, Two Million Dollars ($2,000,000) personal and advertising injury aggregate, with a per occurrence limit of One Million Dollars ($1,000,000) (total limits required may be satisfied with an excess or umbrella policy).

The comprehensive or commercial general liability policy shall also include a severability of interest clause and cross liability if the policy has multiple insureds. The aggregate limit shall apply on a “per project” basis. The policy shall stipulate that the insurance afforded the additional insureds shall apply as primary insurance and that any other insurance carried by Owner or other Persons identified in this Agreement will be excess only and will not contribute with this insurance; (ii) Automobile Liability. Automobile liability insurance, for Contractor’s liability arising out of claims for bodily injury and property damage covering all owned (if any), non-owned, leased, hired or borrowed automobiles of Contractor, including loading and unloading, with a minimum limit of not less than $1,000,000 per accident for combined bodily injury and property damage and

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15 containing appropriate no-fault insurance provisions or other endorsements in accordance with A
pplicable Law;
(iii) Worker’s Compensation Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out workers’ compensation insurance with an insurance carrier satisfactory to the Owner for all persons whom they may employ in carrying out the work contemplated under this Agreement in accordance with the Workers’ Compensation Laws of the State of California. If the Contractor employs any engineer, expert, Consultant or Subcontractor which it did not intend to employ prior to commencement of services, it must furnish such proof of workers’ compensation insurance to the Owner immediately upon employment. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self-Insurance satisfactory to the Owner. (iv) Employer’s Liability Insurance All engineers, experts, Consultants and Subcontractors the Contractor intends to employ shall have taken out employer’s liability insurance with an insurance carrier reasonably satisfactory to the Owner. During the course of Contractor’s services, if Contractor ever intends to employ additional or different Engineers, experts, Consultants or Subcontractors, before so employing them Contractor shall furnish such reasonably satisfactory proof of insurance to the Owner. If the Contractor is self-insured, the Contractor shall furnish a Certificate of Permission to Self-Insure and a Certificate of Self- Insurance reasonably satisfactory to the Owner.
(v) Errors and Omissions Insurance Errors and omissions insurance on a claims made basis with limits of at least One Million Dollars ($1,000,000) with a deductible or self-insured retention in an amount not to exceed the sum of One Hundred Thousand Dollars ($100,000), and Contractor will maintain such coverage for a period of five (5) years following the Final Completion Date.
(vi) Builder’s All-Risk Following completion of Phase 1 and approval by Owner of the Phase 2 portion of the Scope of Work and prior to commencing Phase 2, Contractor agrees to obtain and maintain Builder’s Risk/Course-of-Construction insurance, issued on a completed value basis on all insurable Work included under the Contract Documents. This insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld.

This insurance shall insure against all risks, including but not limited to the following perils:
vandalism, theft, malicious mischief, fire, sprinkler leakage, civil authority, sonic boom, explosion, collapse, flood, wind, hail, lightning, smoke, riot or civil commotion, debris removal (including demolition) and reasonable compensation for the Owner’s costs and expenses required as a result of such insured loss. This insurance shall provide coverage in an amount not less than the full cost to repair, replace, or reconstruct the Work. Such insurance shall include the Owner, the Owner’s designated representative, and any other person or entity with an insurable interest in the Work as an additional named insured.
(vii) Other Insurance Contractor shall provide all other insurance required to be maintained under Applicable Laws, ordinances, rules, and regulations. Such insurance shall be subject to the approval of Owner, and Owner’s approval shall not be unreasonably withheld. (b) Consultants If not covered by Contractor’s coverage, each of Contractor’s Consultants shall carry coverage and limits proportionate to each such Consultant’s scope of work, and Contractor shall include such provisions in its contracts with them. If any policy carried by any of the Consultants offers 50% or less of the limits required of the Contractor hereunder for an analogous policy, the Contractor shall notify the Owner of the proposed coverage to be carried by such Consultant, and the Owner shall have the right in its reasonable discretion to approve or reject the proposed coverage in each such case.

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16 (c) Occupancy Owner may partially or fully occupy and/or use the Project before a
cceptance of the entire Project by the Owner. All of Contractor’s required insurance must allow such occupancy and/or use without prior consent from insurer. (d) Additional Insured; Primary and Non-Contributory; Waiver of Subrogation The Contractor shall name the Owner and the Owner’s designated representative as additional insureds on Contractor’s commercial general liability (using ISO CG 20 10 and CG 20 37 or exact equivalents), automobile liability, and excess/umbrella policies. The additional insured endorsement(s) included on all such insurance policies shall state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the insurer’s liability shall not be reduced by the existence of such other insurance. The coverage provided the additional insureds on Contractor’s commercial general liability, automobile liability, and excess/umbrella policies shall apply on a primary and non-contributory basis. The Contractor’s commercial general liability, automobile liability, excess/umbrella, and workers’ compensation/employer’s liability policies shall be endorsed to include a waiver of subrogation in favor of Owner and the Owner’s designated representatives. Any excess/umbrella policies provided by Contractor shall include a follow form endorsement or schedule of underlying coverage showing that such policies sit in excess of and shall follow the form of the underlying policies set forth herein, which Contractor intends the excess/umbrella policy to supplement. (e) Proof of Carriage of Insurance The Contractor shall not commence Work nor shall it allow any Subcontractor or Consultant to commence Work under this Agreement until all required insurance certificates, additional insured endorsements and declarations pages have been obtained for the period covered by this Agreement and delivered in duplicate to the Owner for approval, and such approval shall not be unreasonably withheld. (f) Notice of Cancellation or Non-Renewal The Contractor shall provide or shall obligate its insurance carriers or brokers/representatives to provide for thirty (30) Days written notice to the Owner of cancellation.
(g) Project Schedule Changes At the time of making application for any extension of time pursuant to the Contract Documents, Contractor shall submit evidence that insurance policies will be in effect during the requested additional period of time. (h) Compliance If the Contractor fails to maintain such insurance or fails to cure any defects in coverage required herein within five (5) Days of receiving written notice of the defect(s), the Owner may, but shall not be required to, take out such insurance to cover any damages accrued for which the Owner might be held liable on account of the Contractor’s failure to pay such damages, and deduct and retain the amount of the premiums from any sums due the Contractor under this Agreement.
(i) No Limitation of Liability; Subcontractors and Consultant Obligations Nothing contained in this Agreement shall be construed as limiting, in any way, the extent to which the Contractor may be held responsible for the payment of damages resulting from the Contractor’s operations. Each of Contractor’s Consultants and Subcontractors shall comply with all insurance obligations under this Section, and Contractor shall include such provisions in its contracts with them.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to

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17 commence work on any subcontract until it has provided evidence satisfactory to the City that the s
ubcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

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

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

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

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

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

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

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

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

3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to

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

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

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

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

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

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

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

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

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall

ATTACHMENT C
ITEM 6
19 name the City, its officials, employees, agents and authorized volunteers as additional insureds u
sing form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

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

3.14 Bond Requirements.

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

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

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

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

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

ATTACHMENT C
ITEM 6
20 portions of the Work (or work of other contractors) damaged by its defective Work or which b
ecomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

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

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

3.16 Employee/Labor Certifications.

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

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

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

3.17 General Provisions.

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

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall

ATTACHMENT C
ITEM 6
21 be subject to the review and approval of the City (“′Contractor’s Representative”). Following a
pproval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

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

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

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

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

CONTRACTOR:

R
olfe Construction, Inc.
3573 Southern Pacific Avenue
Atwater, California 95301
209-358-5548
Attn: Dennis Rolfe

ATTACHMENT C
ITEM 6
22 CITY:

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

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

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

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

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

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

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

3.17.13 [Reserved]

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

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation

ATTACHMENT C
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23 of this warranty, City shall have the right to rescind this Agreement without liability. For the term o
f this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

[SIGNATURES ON NEXT PAGE]

ATTACHMENT C
ITEM 6
24 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
B

ETWEEN THE CITY OF CERES
AND ROLFE CONSTRUCTION, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 27th day o
f October, 2025.

CITY OF CERES ROLFE CONSTRUCTION, INC.

B
y: By:

Douglas D. Dunford
City Manager Its:

Printed Name:

ATTEST:

By:

Fallon Martin, City Clerk

ATTACHMENT C
ITEM 6

25 EXHIBIT “A”

SERVICES / SCHEDULE

ATTACHMENT C
ITEM 6

26 EXHIBIT “B”

PLANS AND SPECIFICATIONS

ATTACHMENT C
ITEM 6

27 GENERAL

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

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

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

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

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

Measurement and Payment

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

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

DUST CONTROL
It shall be the responsibility of the Contractor to minimize dust during earth moving operations. A water truck shall be made available if necessary for dust control.

Measurement and Payment

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

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

ATTACHMENT C
ITEM 6

28 Measurement and Payment

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

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

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

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

Notification Center Telephone
Underground Service Alert (USA) 811
(Northern California)

All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined that there were no utility facilities in the area of the proposed post holes.

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

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

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

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

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

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

ATTACHMENT C
ITEM 6

29 When a street section is to be closed, it shall be solidly barricaded, and signs shall be posted at the closure points indicating “Street Closed.”

Full cost of providing and removing construction area signs shall be borne exclusively by the Contractor and shall be considered as included in the contract lump sum price for Item 10-1.07, “Public Convenience & Safety.”

Maintaining Traffic -- Attention is directed to Section 7-1.03, "Public Convenience," Section 7-

1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the State Specifications.

Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in Section 7-1.04 of the State Specifications.

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

The second and third paragraphs of Section 12-3.02, “Traffic Cones,” of the State Standard Specifications are amended to read:

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

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

Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

The Contractor shall notify local authorities of its intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of parked vehicles.

The Contractor shall provide access to all businesses and residences within the construction zone at all times throughout the project. When the work requires the closing of a business driveway or other entrance, the Contractor shall post signs directing the public to the most convenient access to the business.

The Contractor shall provide access to all private driveways when construction is not actively in progress. Access to driveways fronting the construction area shall not be hindered or blocked for time periods greater than 4 hours without notifying the property owner or tenant in writing 24 hours prior to blockage.

The Contractor shall provide safe public access around the work site in accordance with the American Disabilities Act requirements during the work.

Whenever vehicles or equipment are parked on the shoulder within six feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road

ATTACHMENT C
ITEM 6

30 Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.

When the Contractor’s operations create a condition hazardous to traffic or to the public, he shall furnish, erect and maintain, at his expense and without cost to the City, such fences, barricades, lights, signs and other devices as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen, provided with the necessary equipment kept clean and in good condition by the Contractor at his expense, as may be necessary to give adequate warning to traffic or to the public that the roadway is under construction or of any dangerous conditions to be encountered. The flagmen shall perform their duties and their work of furnishing and placing such signs, lights, flags and other warning and safety devices as set forth in the current “Work Area Traffic Control Handbook” as published by the Building News, Inc., Los Angeles, California.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated its written approval. All other modifications will be made by contract change order.

Full cost of conforming to this section shall be considered as included in the contract lump sum price for “Public Convenience and Safety.”

Traffic Control System for Lane Closure -- A traffic control system shall be provided by the Contractor and shall be in accordance with the provisions of Section 12, "Temporary Traffic Control," of the State Specifications, the provisions under "Maintaining Traffic" elsewhere in these Special Provisions.

The provisions in this section shall not relieve the Contractor from its responsibility to provide such additional devices, or take such measures as may be necessary, to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications.

Prior to any lane closures, it shall be the responsibility of the Contractor to provide 72-hour notice to the City and obtain City approval of the lane closure. Failure to notify the City in a timely manner is cause for the City to prevent the lane closure.

Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper.

If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component, and shall restore the component to its original location. Full cost of providing flaggers shall be borne exclusively by the Contractor.

The Contractor shall submit a traffic control plan and approved by the City Engineer prior to commencing any work.

ATTACHMENT C
ITEM 6

31 Protection of the Work -- To minimize traffic congestion during the resurfacing operation, the work shall be done in stages. Residents with driveways within the closed section shall be notified at least 24 hours in advance of closure via door hangers and signs within the limits of the project.

Barricades and signs and their cost of replacement, the cost of flagmen necessary for the protection of the work and the public and costs of notification of affected residents will be considered as included in the contract price paid for bid items shown in the proposal, and no separate payments shall be made.

Measurement and Payment

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

WATER POLLUTION CONTROL
Summary
It shall be the responsibility of the Contractor to comply with all of the requirements of the latest NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No. 2009-0009-DWQ, NPDES No. CAS000002) hereinafter called the "Permit" and standard industry practice.

This includes, but is not limited to, preparing plans and application, maps as well as all necessary reporting on the SWQCB's Storm Water Multiple Application and Report Tracking System (SMARTS System). The Contractor, working with their certified Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD), will determine what would be the best course of action to comply with the latest State NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009- 0009- DWQ. If the Contractor's QSD determines a SWPPP is the best course of action, it shall be the responsibility of the Contractor and their QSD to submit to Construction Management a completed SWPPP for review. Upon acceptance of the SWPPP document by Construction Management, the QSD shall prepare a Notice of Intention (NOI) application in the SWQCB's SMARTS System and upload all necessary documents and maps to be approved by the Legally Responsible Person (LRP). Until a written approval of the SWPPP has been obtained from the SWQCB, no construction activity shall commence on the project site. Upon obtaining written approval of the SWPPP, it shall be the responsibility of the Contractor to implement the SWPPP.

Throughout the course of the project, the Contractor's Qualified SWPPP Practitioner (QSP) shall conduct periodic inspections, testing, any reporting on the SMARTS System as well as coordinate with the QSD to update the SWPPP as necessary. At the conclusion of construction, it shall be the responsibility of the Contractor and his or her QSD/QSP to ensure Annual Report(s) have been prepared on the SMARTS System as well as prepare the Notice of Termination (NOT) for City's approval. The Contractor shall keep a copy of the approved SWPPP, and amendments thereto, at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to Construction Management copies of all amendments to the SWPPP as prepared by the Contractor. The SWPPP shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S.

Environmental Protection Agency. Requests by the public shall be directed to the Engineer.

ATTACHMENT C
ITEM 6

32 If the Contractor and/or his/her QSD determines that a SWPPP is not necessary, then it shall be the responsibility of the Contractor to provide a list of Best Management Practices (BMP) that are to be implemented during the Work to Construction Management. The Contractor shall implement the BMP in a timely manner and maintain throughout the duration of the project. The Contractor shall keep a copy of the BMP list and any modification to the list at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to the City copies of all modifications to the BMP list. The BMP list shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S. Environmental Protection Agency. Requests by the public shall be directed to Construction Management.

Notice of violation and/or fines for any non-compliance will be the responsibility of the Contractor.

Manage work activities to reduce the discharge of pollutants to surface waters, groundwater, or municipal separate storm sewer systems including work items shown in the Bid Item List for:

1. Prepare Storm Water Pollution Prevention Plan. SWPPP preparation includes obtaining SWPPP approval, amending the SWPPP, preparing a CSMP and a SAP, and monitoring and inspecting WPC practices at the job site.

2. Storm Water Annual Report. Storm Water Annual Report preparation includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance.

3. Storm Water Sampling and Analysis Day. Storm Water Sampling and Analysis Day includes reporting of storm water quality per qualifying rain event. If specified for the risk level, the work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents.

4. Rain Event Action Plan. If specified for the project risk level, REAP preparation includes preparing and submitting REAP forms and monitoring weather forecasts.

Do not start work until:

1. SWPPP is approved by the City.

2. SWPPP is uploaded onto the SMART System.

3. WDID is issued.

4. SWPPP review requirements have been fulfilled. If the RWQCB requires time for SWPPP review, allow 30 days for the RWQCB to review the SWPPP as specified under "Submittals" of these special provisions.

This project is anticipated to be Risk Level 1.

Definitions and Abbreviations
active and inactive areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 days, and (2) Inactive areas are areas that have not been disturbed for at least 15 days.

BMPs: Best Management Practices are water pollution control practices. construction phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Plant Establishment including maintenance on vegetation installed for final stabilization, and (3) Suspension where work activities are suspended and areas are inactive.

CSMP: Construction Site Monitoring Program.

NAL: Numeric Action Level.

ATTACHMENT C
ITEM 6

33 NEL: Numeric Effluent Limit.

NPDES: National Pollutant Discharge Elimination System.

NOI: Notice of Intent.

Normal working hours: The hours you normally work on this project.

Preparation Manual: The Department's "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual."
QSD: Qualified SWPPP Developer.

QSP: Qualified SWPPP Practitioner.

Qualified rain event: A qualified rain event is a storm that produces at least 0.5 inch of precipitation with a 48 hour or greater period between storms.

REAP: Rain Event Action Plan.

RWQCB: Regional Water Quality Control Board.

SAP: Sampling and Analysis Plan.

SSC: Suspended Sediment Concentration.

SWRCB: State Water Resources Control Board. SWPPP: Storm Water Pollution Prevention Plan. WDID: Waste Discharge Identification Number. WPC: Water Pollution Control.

WPC Manager: Water Pollution Control Manager. The WPC Manager implements water pollution control work described in the SWPPP and oversees revisions and amendments to the SWPPP.

Submittals
Within 20 days after contract approval, start the following process for SWPPP approval:

1. Submit 3 copies of the SWPPP and allow 20 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.

2. Change and resubmit the SWPPP within 15 days of receipt of the Engineer's comments.

The Engineer's review resumes when the complete SWPPP is resubmitted.

3. When the Engineer approves the SWPPP, submit an electronic and 4 printed copies of the approved SWPPP.

4. If the RWQCB reviews the approved SWPPP, the Engineer submits one copy of the approved SWPPP to the RWQCB for their review and comment. RWQCBs requiring time to review SWPPPs include:

5. If the Engineer requests changes to the SWPPP based on RWQCB comments, amend the SWPPP within 10 days.

Submit:

1. Storm water training records including training dates and subjects for employees and subcontractors. Include dates and subjects for ongoing training, including tailgate meetings.

2. Employee training records.

2.1. Within 5 days of SWPPP approval for existing employees

2.2. Within 5 days of training for new employees

2.3. At least 5 days before subcontractors start work for subcontractor's employees

Prepare a Storm Water Annual Report for the reporting period from July 1st to June 30th. For the prior reporting period, submit the report no later than July 15th if construction occurs from July 1st through June 30th or within 15 days after contract acceptance if construction ends before June 30th.

Submit the Storm Water Annual Report as follows:

ATTACHMENT C
ITEM 6

34 1. Submit 2 copies of the Storm Water Annual Report and allow 10 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.

2. Change and resubmit the Storm Water Annual Report within 5 days of receipt of the Engineer's comments. The Engineer's review resumes when the complete Storm Water Annual Report is resubmitted.

3. When the Engineer accepts the Storm Water Annual Report, insert the WPC Manager's signed certification and the Engineer's signed certification.

Submit one electronic copy and 2 printed copies of the accepted Storm Water Annual Report.

Submit as required:

1. NAL Exceedance Reports

2. NEL Exceedance Reports

3. Visual Monitoring Reports

4. Inspection Reports

5. BMP Status Report

At least 5 days before operating any construction support facility, submit:

1. A plan showing the location and quantity of WPC practices associated with the construction support facility

2. A copy of the NOI approved by the RWQCB and the SWPPP approved by the RWQCB if you will be operating a batch plant or a crushing plant under the General Industrial Permit

Quality Control and Assurance Training
Provide storm water training for:

1. Project managers

2. Supervisory personnel

3. Employees involved with WPC work

Train all employees, including subcontractor's employees, in the following subjects:

1. WPC rules and regulations

2. Implementation and maintenance for:

2.1. Temporary Soil Stabilization

2.2. Temporary Sediment Control

2.3. Tracking Control

2.4. Wind Erosion Control

2.5. Material pollution prevention and control

2.6. Waste management

2.7. Non-storm water management

2.8. Identifying and handling hazardous substances

2.9. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances

Employees must receive initial WPC training before working on the job site. Conduct weekly training meetings covering:

1. WPC BMP deficiencies and corrective actions

ATTACHMENT C
ITEM 6

35 2. BMPs that are required for work activities during the week

3. Spill prevention and control

4. Material delivery, storage, use, and disposal

5. Waste management

6. Non-storm water management procedures

Training for personnel to collect water quality samples must include:

1. SAP review

2. Health and safety review

3. Sampling simulations

A Storm Water Information Handout has been prepared for this contract and is available as described in "Supplemental Project Information" of these special provisions.

If you operate construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC practices.

Construction support facilities include:

1. Staging areas

2. Storage yards for equipment and materials

3. Mobile operations

4. Batch plants for PCC and HMA

5. Crushing plants for rock and aggregate

6. Other facilities installed for your convenience such as haul roads

If you operate a batch plant to manufacture PCC, HMA, or other material; or a crushing plant to produce rock or aggregate; obtain coverage under the General Industrial General Permit. You must be covered under the General Industrial Permit for batch plants and crushing plants located:

1. Outside of the job site

2. Within the job site that serve one or more contracts

Discharges from manufacturing facilities such as batch plants must comply with the general waste discharge requirements for Order No. 97-03-DWQ, NPDES General Permit No. CAS000001, issued by the SWRCB for "Discharge of Stormwater Associated with Industrial Activities Excluding Construction Activities." For the General Industrial Permit, go to:

http://www.waterboards.ca.gov/

You may obtain copies of the Preparation Manual from the Publication Distribution Unit. The mailing address for the Publication Distribution Unit is:

State of California
Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815
Telephone: (916) 445-3520

ATTACHMENT C
ITEM 6

36 The Preparation Manual and other WPC references are available at the Department's "Construction Storm Water and Water Pollution Control" Web site. For the Web site, go to:

http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm

Water Pollution Control Manager
Assign one WPC Manager to implement the SWPPP. The WPC Manager must comply with the Permit qualifications for a QSP and a QSD. You may assign a different QSD to prepare the SWPPP.

The QSD must have the following qualifications:

1. Department approved storm water management training described in the Department's "
Construction Storm Water and Water Pollution Control" web site

2. Registration or certification described in the Permit

T
he QSP must meet the qualifications of the QSD or have the following certifications:

1. Department approved storm water management training described in the Department's "
Construction Storm Water and Water Pollution Control" web site

2. Certification described in the Permit

A
t the job site, the WPC Manager must:

1. Be responsible for WPC work

2. Be the primary contact for WPC work

3. Oversee the maintenance of WPC practices

4. Oversee and enforce hazardous waste management practices

5. Have the authority to mobilize crews to make immediate repairs to WPC practices

6. Ensure that all employees have current water pollution control training

7. Implement the approved SWPPP and amend the SWPPP when required

W
PC Manager must oversee:

1. Inspections of WPC practices identified in the SWPPP

2. Inspections and reports for visual monitoring

3. Preparation and implementation of REAPs

4. Sampling and analysis

5. Preparation and submittal of:

5.1. NAL exceedance reports

5.2. NEL exceedance reports

5.3. SWPPP annual certification

5.4. Annual reports

5.5. BMP status reports

S

TORM WATER POLLUTION PREVENTION PLAN (SWPPP)

General
SWPPP work includes preparing a SWPPP including a CSMP, obtaining SWPPP approval, amending the SWPPP, inspecting and reporting on WPC practices at the job site. The SWPPP must comply with the Preparation Manual and the Permit. The SWPPP must be submitted in place

ATTACHMENT C
ITEM 6

37 of the water pollution control program under Section 13-2, "Water Pollution Control Program," of the Standard Specifications.

Additional WPC work will be paid for as extra work under Section 4-1.05, "Changes and Extra Work," of the Standard Specifications.

The SWPPP must include sections as specified for the project risk level as follows:

1. For risk level 1:

1.1. Schedule

1.2. CSMP

2. For risk level 2:

2.1. Schedule

2.2. CSMP

2.3. Adherence to Effluent Standards for NALs

2.4. REAP

3. For risk level 3:

3.1. Schedule

3.2. CSMP

3.3. Adherence to Effluent Standards for NALs and NELs

3.4. REAP

T
he SWPPP must include WPC practices for:

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

1.1. Staging areas

1.2. Storage yards

1.3. Access roads

2. Activities or mobile operations related to contractor obtained NPDES permits

3. Construction support facilities

T
he SWPPP must include a copy of permits obtained by the Department such as Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse.

Amend the SWPPP annually and resubmit it by July 15th. Amend the SWPPP if:

1. Changes in work activities could affect the discharge of pollutants

2. WPC practices are added by change order work

3. WPC practices are added at your discretion

4. Changes in the amount of disturbed soil are substantial

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

6. There is a Permit violation

W
henever you amend the SWPPP, follow the same process specified for SWPPP approval.

Retain a printed copy of the approved SWPPP at the job site.

SWPPP Schedule

ATTACHMENT C
ITEM 6

38 The SWPPP schedule must:

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

2. Describe WPC practices associated with each construction phase

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

C
onstruction Site Monitoring Program (CSMP)
General
The QSD must prepare a CSMP as part of the SWPPP. The CSMP must be developed before starting work and be revised to reflect current construction activities as necessary.

The CSMP must include sections for the project risk level as follows:

1. For risk level 1:

1.1. Visual Monitoring

1.2. SAP for Non-Visible Pollutants

2. For risk level 2:

2.1. Visual Monitoring

2.2. SAP for Non-Visible Pollutants

2.3. SAP for sediment and turbidity

2.4. SAP for pH

3. For risk level 3:

3.1. Visual Monitoring

3.2. SAP for Non-Visible Pollutants

3.3. SAP for sediment and turbidity

3.4. SAP for pH

3.5. SAP for receiving waters

3.6. SAP for temporary active treatment systems

V
isual Monitoring

The WPC Manager must oversee the performance of visual inspections for qualifying rain events.

For each qualifying rain event, perform visual inspections and record observations during normal working hours as follows:

1. Record the time, date, and rain gauge reading

2. Observe:

2.1. Within 2 days before the storm:
2 .1.1 Drainage areas for spills, leaks, or uncontrolled pollutants

2.1.2 Proper implementation of WPC practices

2.1.3 Storm water storage areas for leaks and adequate freeboard

2.2. Every 24 hours during the storm:
2 .2.1 WPC practices for effective operation

2.2.2 WPC practices needing maintenance and repair

2.3. Within 2 days after the storm event:
2 .3.1. Discharge locations

2.3.2. WPC practices to evaluate the design, implementation, and effectiveness

2.3.3. To identify where additional WPC practices may be needed.

ATTACHMENT C
ITEM 6

39 Perform non-stormwater discharge visual inspections as follows:

1. At least once during each of the following periods:

1.1. January through March

1.2. April through June

1.3. July through September

1.4. October through December

2. Observe flowing and contained storm water for the presence of floating and suspended m
aterials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants

3. Observe the job site for the presence of authorized and unauthorized non-stormwater d
ischarges and their sources

The WPC Manager must prepare visual inspection reports that include the following:

1. Name of personnel performing the inspection, inspection date, and date inspection report c
ompleted

2. Storm and weather conditions

3. Locations and observations

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

Sampling and Analysis Plan (SAP)
General
Include a SAP in the CSMP to monitor the effectiveness of WPC practices. The SAP must comply with the Preparation Manual.

Assign trained personnel to collect water quality samples. Document their training in the SAP.

Describe the following water quality sampling procedures in the SAP:

1. Sampling equipment

2. Sample preparation

3. Collection

4. Field measurement methods

5. Analytical methods

6. Quality assurance and quality control

7. Sample preservation and labeling

8. Collection documentation

9. Sample shipping

10. Chain of custody

11. Data management and reporting

12. Precautions from the construction site health and safety plan

13. Laboratory selection and certifications

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

ATTACHMENT C
ITEM 6

40 Samples taken for laboratory analysis must follow water quality sampling procedures and be analyzed by a State-certified laboratory under 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants."

The SAP must identify the State-certified laboratory, sample containers, preservation requirements, holding times, and analysis method. For a list of State-certified laboratories, go to:

http://www.cdph.ca.gov/certlic/labs/Pages/ELAP.aspx

Include procedure for sample collection during precipitation.

Retain water quality sampling documentation and analytical results with the SWPPP at the job site.

Show pollutant sampling locations on SWPPP drawings.

If discharges or sampling locations change because of changed work activities or knowledge of site conditions, amend the SAP.

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

Analytical Results and Evaluation
Submit an electronic copy (in file format .xls, .txt, .csv, .dbs, or .mdb) and a printed copy of water quality analytical results, and quality assurance and quality control within 48 hours of field analysis sampling, and within 30 days for laboratory analysis. Also provide an evaluation of whether the downstream samples show levels of the tested parameter that are higher than the control sample.

Electronic water quality analysis results must have the following information:

1. Sample identification number

2. Contract number

3. Constituent

4. Reported value

5. Analytical method

6. Method detection limit

7. Reported limit

S
AP for Non-Visible Pollutants
The SAP must include a description of the sampling and analysis strategy for monitoring non- visible pollutants.

The SAP must identify potential non-visible pollutants present at the job site associated with any of the following:

1. Construction materials and waste

2. Existing contamination due to historical site usage

3. Application of soil amendments, including soil stabilization materials, with the potential t
o change pH or contribute toxic pollutants to storm water

ATTACHMENT C
ITEM 6

41 SWPPP drawings must show the locations planned for storage and use of potential non-visible pollutants.

The SAP must include sampling procedures for the following conditions when observed during a storm water visual inspection. For each of the following, collect at least one sample for each qualifying storm event:

1. Materials or waste containing potential non-visible pollutants that are not stored under w
atertight conditions

2. Materials or waste containing potential non-visible pollutants that are stored under w
atertight conditions, but a breach, leakage, malfunction, or spill is observed; the leak or spill has not been cleaned up before precipitation; and material or waste could discharge non-visible pollutants to surface waters or drainage system

3. Chemical applications, including fertilizer, pesticide, herbicide, methyl methacrylate c
oncrete sealant, or non-pigmented curing compound used during precipitation or within 24 hours preceding precipitation, and could discharge pollutants to surface waters or drainage system

4. Applied soil amendments, including soil stabilization materials that could change pH l
evels or contribute toxic pollutants to storm water runoff and discharge pollutants to surface waters or drainage system, unless available independent test data indicates acceptable concentrations of non-visible pollutants in the soil amendment

5. Storm water runoff from an area contaminated by historical usage of the site that could d
ischarge pollutants to surface waters or drainage systems

The SAP must provide sampling procedures and schedule for:

1. Sample collection during the first 2 hours of each rain event that generate runoff

2. Sample collection during normal working hours

3. Each non-visible pollutant source

4. Uncontaminated control sample

The SAP must identify locations for sampling downstream and control samples, and reasons for selecting those locations. Select control sample locations where the sample will not come in contact with materials, waste, or areas associated with potential non-visible pollutants or disturbed soil areas.

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

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

Parameter Test Method Detection Limit
(Min)
Unit

ATTACHMENT C
ITEM 6

42 SSC ASTM Method D3977-97 5 Mg/L

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

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

0.2 pH units

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

1. Upstream of the discharge point

2. Downstream of the discharge point

Show receiving water sampling locations on SWPPP drawings.

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

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

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

For the REAP, use approved forms and include:

1. Site location

2. Risk level

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

3.1. WPC Manager

3.2. Erosion and sediment control providers or subcontractors

3.3. Storm water sampling providers or subcontractors

4. Storm Information

5. Construction phase information for:

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

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

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

6. Construction phase information including:

6.1. Construction activities

ATTACHMENT C
ITEM 6

43 6.2. Subcontractors and trades on the job site

6.3. Pre-storm activities including:

6.3.1. Responsibilities of the WPC Manager

6.3.2. Responsibilities of the crew and crew size

6.3.3. Stabilization for active and inactive disturbed soil areas

6.3.4. Stockpile management

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

6.4. Activities to be performed during storm events including:

6.4.1. Responsibilities of the WPC Manager

6.4.2. Responsibilities of the crew and crew size

6.4.3. BMP maintenance and repair

6.5. Description of flood contingency measures

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

IMPLEMENTATION REQUIREMENTS

SWPPP Implementation

Obtain, install, and maintain a rain gauge at the job site. Observe and record daily precipitation.

Monitor the National Weather Service Forecast Office on a daily basis. For forecasts, go to:

http://www.srh.noaa.gov/forecast

Whenever you or the Engineer identifies a deficiency in the implementation of the approved SWPPP:

1. Correct the deficiency immediately, unless the Engineer agrees to a later date for making the correction

2. Correct the deficiency before precipitation occurs

If you fail to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting the deficiency from payment.

Continue SWPPP implementation during any temporary suspension of work activities.

Install WPC practices within 15 days or before predicted precipitation, whichever occurs first.

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

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

ATTACHMENT C
ITEM 6

44 pH Field test calibrated
with portable
instrument

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

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

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

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

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

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

Storm Water Sampling and Analysis Day

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

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

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

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

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

Perform sample collection during:

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

2. Normal working hours

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

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

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

ATTACHMENT C
ITEM 6

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

1. Before a forecasted storm

2. After precipitation that causes site runoff

3. At 24-hour intervals during extended precipitation

4. On a predetermined schedule, a minimum of once a week

The WPC Manager must oversee daily inspections of:

1. Storage areas for hazardous materials and waste

2. Hazardous waste disposal and transporting activities

3. Hazardous material delivery and storage activities

4. WPC practices specified under "Construction Site Management" of these special provisions

The WPC Manager must use the Storm Water Site Inspection Report provided in the Preparation Manual.

The WPC Manager must prepare BMP status reports that include the following:

1. Location and quantity of installed WPC practices

2. Location and quantity of disturbed soil for the active or inactive areas

Within 24 hours of finishing the weekly inspection, the WPC Manager must submit:

1. Copy of the completed site inspection report

2. Copy of the BMP status report

REPORTING REQUIREMENTS

Storm Water Annual Report
Storm Water Annual Report work includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance. The WPC Manager must prepare a Storm Water Annual Report. The report must:

1. Use an approved report format

2. Include project information including description and location

3. Include storm water monitoring information including:

3.1. Summary and evaluation of sampling and analysis results including laboratory r
eports

3.2. Analytical methods, reporting units, detections limits for analytical parameters

3.3. Summary of corrective actions

3.4. Identification of corrective actions or compliance activities that were not i
mplemented

3.5. Summary of violations

3.6. Names of individuals performing storm water inspections and sampling

3.7. Logistical information for inspections and sampling including location, date, time, a
nd precipitation

3.8. Visual observations and sample collection records

4. Include documentation on training for:

ATTACHMENT C
ITEM 6

46 4.1. Individuals responsible for NPDES permit compliance

4.2. Individuals responsible for BMP installation, inspection, maintenance, and repair

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

1. Include the following field sampling results and inspections:

1.1. Analytical methods, reporting units, and detection limits

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

1.3. Quantity of precipitation of the storm event

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

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

1. Include the following field sampling results and inspections:

1.1. Analytical methods, reporting units, and detection limits

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

1.3. Quantity of precipitation of the storm event

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

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

Measurement and Payment

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

The City does not adjust payment for an increase or decrease in the quantity of storm water sampling and analysis day.

You may request or the Engineer may order laboratory analysis of storm water samples. Laboratory analysis of storm water samples will be paid for as extra work under Section 4- 1.05D, "Extra Work," of the State Standard Specifications.

The City does not pay for the preparation, collection, laboratory analysis, and reporting of storm water samples for non-visible pollutants if WPC practices are not implemented before precipitation or if a failure of a WPC practice is not corrected before precipitation.

The City does not pay for implementation of WPC practices in areas outside the highway right- of- way not specifically provided for in the plans or in the special provisions.

The City does not pay for WPC practices installed at your construction support facilities.

ATTACHMENT C
ITEM 6

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

STREET SWEEPING

This work includes street sweeping.

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

Submittals

At least 5 business days before starting clearing and grubbing, earthwork, or other activities with the potential for tracking sediment or debris, submit:

1. Number of sweepers described in the SWPPP

2. Type of sweeper technology

Quality Control and Assurance

Retain and submit records of street sweeping including:

1. Quantity of sweeping waste disposal

2. Sweeping times and locations

CONSTRUCTION

Street Sweepers

Sweepers must use one of these technologies:

1. Mechanical sweeper followed by a vacuum-assisted sweeper

2. Vacuum-assisted dry (waterless) sweeper

3. Regenerative-air sweeper

Operation

Street sweeping must be done at:

1. Paved roads at job site entrance and exit locations

2. Paved areas within the job site that flow to storm drains or water bodies

Street sweeping must be done:

1. During clearing and grubbing activities

2. During earthwork activities

3. During trenching activities

4. During roadway structural section activities

5. When vehicles are entering and leaving the job site

6. After soil disturbing activities

7. After observing offsite tracking of material

Monitor paved areas and roadway within the jobsite. Street sweeping must be done:

ATTACHMENT C
ITEM 6

48 1. Within 1 hour, if sediment or debris is observed during activities that require sweeping

2. Within 24 hours, if sediment or debris is observed during activities that do not require sweeping

At least 1 sweeper must be on the job site at all times when sweeping work is required. The sweeper must be in good working order.

Perform street sweeping to minimize dust. If dust generation is excessive or sediment pickup is ineffective, use water or a vacuum.

You may stockpile collected material on the jobsite according to the approved SWPPP. Dispose of collected material at least once per week.

Material collected during street sweeping must be removed and disposed of under Section 7-1.13, "Disposal of Material Outside the Street Right of Way," of the Standard Specifications.

Your WPCM must inspect paved roads at job site access points:

1. Daily if earthwork and other sediment or debris generating activities occur daily

2. Weekly if earthwork and other sediment or debris generating activities do not occur daily

3. When the National Weather Service predicts precipitation with a probability of at least 30 percent

Measurement and Payment

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

MONUMENTATION

As of the date of the start of Notice to Proceed (NTP), the contractor shall comply with preservation of all survey monuments as shown on record maps and on the project plan of the job site.

As required in the Business and Professional Code Section §8771, when monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control, the monuments shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer prior to the time when any streets, highways, other rights-of-way, or easements are improved, constructed, reconstructed, maintained, resurfaced, or relocated, and a corner record or record of survey of the references shall be filed with the county surveyor prior to any construction.

The decision to file either the required corner record or a record of survey pursuant to subdivision shall be at the election of the licensed land surveyor or registered civil engineer submitting the document.

If a survey monument is destroyed after the NTP, the Contractor shall be responsible for the replacement of the monument.

A survey monument will be considered destroyed that has been:

ATTACHMENT C
ITEM 6

49 • Moved more than 0.02 ft in any direction from the ties provided by and certified by a Licensed Land Surveyor
• Broken.
• Disturbed to a point that the survey monument’s position is no longer fixed or stable. • Removed from the ground for any reason.
• Vertically adjusted without the written authorization of the City Engineer.

Adjustment of survey monuments shall be completed under the direction of a Land Surveyor or a Registered Engineer licensed to practice in the State of California. The City Engineer or the City Surveyor shall be provided with the final positional data (both horizontal and/or vertical), along with certification by the Land Surveyor licensed by the State of California supervising the work that the position of adjusted monument meets the specification that the horizontal position is maintained within 0.01 ft of the original position of the monument and/or that the vertical position shall be within

0.006 ft relative to the measured difference between the original and the final adjusted vertical position of the monument. A corner record or record of survey shall be filed with the county surveyor to satisfy Business and Professional Code Section §8771.

DESTROYED SURVEY MONUMENT

Any survey monument that is destroyed after the date of the start of work, and the responsible party is unclear or not determinable, the monument shall be replaced by the City of Ceres, unless otherwise approved by the City Engineer, and there shall be a $2,000.00 deduction from the cost of the contract in favor of the City of Ceres.

REMOVE EXISTING SURVEY MONUMENT

This shall include the cost of: removing, cleaning and storing existing monument, frame and cover; making arrangement for pickup; and disposal of damaged or unusable monument, frame and cover.

INSTALL NEW MONUMENT FRAME AND COVER

This shall include the cost of purchasing and installing the new frame and cover; removing and disposing existing frame and cover.

RESET EXISTING MONUMENT FRAME AND COVER

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

VERTICAL ADJUSTMENT OF EXISTING SURVEY MONUMENT

This shall include the cost of: removing, cleaning, and reinstalling existing frame and cover; reestablishing the point of elevation and the theoretical position value. The price shall also include the filing of all necessary documents with the proper agencies.

Where all or part of a project is within the City of Ceres limits, the Contractor shall adhere to the City of Ceres Survey Monument Specification – M-5 - SURVEY MONUMENTATION for those monuments that are part of the project within the city limits.

Measurement and Payment

ATTACHMENT C
ITEM 6

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

AS-BUILT DRAWINGS

Record Drawings shall be submitted before the notice of completion is filed and must include the following:
• Shall be submitted on Mylar, at least 24”x 36”, and shall bear the name, address, telephone number of the firm preparing the drawings and in electronic (AutoCAD) format. • Surveyor’s/Engineers statement (with embossed or wet seal and with and original signature on each sheet) shall verify the as-built drawings reflect the true conditions in the field. • Contractor’s statement (with original signature on each sheet) shall verify all construction specifications and product qualities have been met or exceeded. • “AS-BUILT DRAWINGS” or “RECORD DRAWINGS” shall be clearly labeled on each sheet. • The location and elevation of the benchmark referenced will be shown on the drawing. • Corrected placement, grade, elevation and alignment of roads, water system, sewer and storm system, lighting system and appurtenances, pipe sizes, material changes, shall all be shown on as-built drawing.
• All horizontal distances shall be shown to the nearest tenth of a foot (0.1’). All elevations shall be shown to the nearest five hundredths of a foot (0.05’).

Measurement and Payment

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

ATTACHMENT C
ITEM 6

51 EXHIBIT “C”
S

PECIAL CONDITIONS
ARTICLE 1. BONDS
W
ithin ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ATTACHMENT C
ITEM 6

52 EXHIBIT “D”

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

_______________________________
[INSERT CONTRACTOR NAME]

B
y: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

ATTACHMENT C
ITEM 6

53 EXHIBIT “E”
P

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

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

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

DIR Registration Number:

DIR Registration Expiration:

Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project e
xemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

ATTACHMENT C
ITEM 6

54 EXHIBIT “F”

P

AYMENT AND PERFORMANCE BONDS

ATTACHMENT C
ITEM 6

55 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to 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:

ATTACHMENT C
ITEM 6

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

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

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

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

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

ATTACHMENT C
ITEM 6

57 (Corporate Seal)
Contractor/ Principal
By

Title

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

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

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

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

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

ATTACHMENT C
ITEM 6

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

ATTACHMENT C
ITEM 6

59 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That

WHEREAS, the City of Ceres (hereinafter designated as the “City”), by action taken or a resolution passed XXXX XX, XXXX_has awarded to 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

ATTACHMENT C
ITEM 6

60 seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

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

Title

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

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

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

ATTACHMENT C
ITEM 6

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

ATTACHMENT C
ITEM 6

62 APPENDIX

ATTACHMENT C
ITEM 6

63 CITY OF CERES STANDARD DESIGNS

THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
R

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

DETAILS

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

ATTACHMENT C
ITEM 6

64 STATE GENERAL PREVAILING WAGE RATES

G
eneral prevailing wage determination
Made by the Director of Industrial Relations
Pursuant to California Labor Code part 7,
Chapter 1, article 2, sections 1770, 1773, and 1773.1
__________________________________________________
State of California Department of Industrial Relations Website:
http://www.dir.ca.gov/OPRL/PWD/index.htm

ATTACHMENT C
ITEM 6

65 REGULATION VIII – FUGITIVE PM10 PROHIBITIONS

ATTACHMENT C
ITEM 6

66 ATTACHMENT C
ITEM 6

67 ATTACHMENT C
ITEM 6

68 ATTACHMENT C
ITEM 6

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: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Delilah Vasquez, Human Resources Director
[email protected], (209) 538-5772
SUBJECT: Resolution No. 2025-XXX, Approving the Hourly Pay Rate Schedule for Part -Time (Non -Regular) Employees, Effective as of the Pay Period Beginning December 21, 2025
RECOMMENDED COUNCIL ACTION:

Staff recommends that the City Council approv e the revised hourly pay rate schedule for part- time (non-regular) employees, effective as of the pay period beginning December 21, 2025.

I. BACKGROUND:

The City of Ceres maintains an hourly pay rate schedule for positions that are not part of our classification plan and are part -time, seasonal, or temporary in nature. These positions receive no benefits other than those required by law, such as sick leave.

Effective January 1, 2026, the minimum wage in California will increase to $16.90 per hour for all employers, regardless of size. Pursuant to Labor Code Section 1182.12 (c), the Department of Finance is required to annually adjust the minimum wage based on inflation, using the lesser of 3.5% or the rate of change in the United States Consumer Price Index for Urban Wage Earners and Clerical Workers.

A recent review of the City’s hourly pay schedule for Recreation positions found that some rates fell below the new minimum wage, necessitating immediate adjustment to ensure legal compliance.

II. REASONS FOR RECOMMENDATION:

The proposed updates aim to ensure legal compliance, maintain appropriate pay separation among part-time Recreation positions, and support operational efficiency. The Recreation Leader (Rate 1) is set at $0.25 above minimum wage, while a djustments are proposed to maintain appropriate pay differential for senior-level positions including Recreation Leader, Senior Recreation Leader, Events/Facilities Specialist, Assistant Pool ITEM 7
Manager, Pool Manager, Sports Official, and Swim Instructor/Lifeguard based on external market comparison and internal equity. These positions do not receive cost -of-living increases negotiated for our represented classifications.

The Police Officer Recruit is adjusted by $1.17 above the existing hourly rate to remain competitive with surrounding jurisdictions . By adopting these revisions, the City will be better positioned to attract and retain qualified candidates in a competitive labor market while ensuring compliance with all applicable labor laws.

III. FISCAL IMPACTS:

The proposed compensation adjustment is expected to have a minimal fiscal impact. The cost increases can be absorbed within the existing department budget, as they are dependent on the number of hours worked and will apply to only half of the fiscal year. No additional budget appropriation is required at this time.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

This item supports the City strategic plan on organizational sustainability, fiscal responsibility, and high-quality community services.

V. POLICY ALTERNATIVES:

Approve the revised hourly pay rate schedule as recommended.

Do not approve the revisions. This alternative would leave the City in non-compliance with the minimum wage law effective January 1, 2026, and limit recruitment and operational flexibility.

VI. INTERDEPARTMENTAL COORDINATION:

Staff collaborated with the Recreation Manager and the Police Department to review and revise the hourly pay rate schedule. This coordination ensured that the proposed change aligns with the operational needs of the department while remaining fiscally sustainable.

Input from Recreation leadership and Police Department helped confirm that the update pay structure supports recruitment, retention, and service delivery without placing undue strain on the department’s budget.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

This item is not a project within the meaning of the California Environmental Quality Act (CEQA) and is therefore not subject to CEQA review.

IX. STEPS FOLLOWING APPROVAL:

Upon approval, Staff will update the pay rate schedule and make pay rate adjustments for any current eligible employee to be effective on pay period beginning December 21, 2025.

ITEM 7

Approved by: ______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Recommended Hourly Pay Rate Schedule

3. Attachment C – Current Hourly Pay Rate Schedule
ITEM 7
ITEM 7

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPOVING THE HOURLY PAY RATE SCHEDULE FOR PART-TIME
(NON-REGULAR) EMPLOYEES EFFECTIVE AS OF THE PAY PERIOD
BEGINNING DECEMBER 21, 2025

THE CITY COUNCIL
City of Ceres

WHEREAS, the City of Ceres part-time (non-Regular) positions must be updated to meet federal and state minimum law requirements effective January 1, 2026; and

WHEREAS, the part-time (non-regular) employee hourly pay rate schedule has not been updated to meet current industry changes and legal requirements for this position.

WHEREAS, the adjustments are proposed to maintain appropriate pay differential for senior-level season and recreation positions based on external market comparison and internal equity as outlined in Attachment B; and

WHEREAS, the Police Officer Recruit is adjusted by $1.17 above the existing hourly rate to remain competitive with surrounding jurisdictions; and

WHEREAS, the fiscal impact is minimal and will be absorbed within the existing department budget; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the part-time (non-regular) employee hourly pay rate schedule as provided in Attachment B, effective in the pay period beginning December 21, 2025.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 7
ITEM 7

1 ATTACHMENT B

Recreation Rates apply as follows:

• Rate 1; at hire
• Rate 2; after one year/season of service
• Rate 3; after two years/seasons of service

Reserve Public Safety Dispatcher
• Step A: equivalent to Public Safety Dispatcher I (Grade J46) o At hire.
 Eligible for step increase after 1,040 hours.
• Step B: equivalent to Public Safety Dispatcher I (Grade J46) o At least one year of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Public Safety Dispatcher I (Grade J46) o At least two years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step C. • Step D: equivalent to Public Safety Dispatcher I (Grade J46) o At least three years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step D. • Step E: equivalent to Public Safety Dispatcher I (Grade J46) o At least four years of full-time experience as a public safety dispatcher.

Reserve Public Safety Dispatcher
(Previous comparable to a Dispatcher I with the City of Ceres) • Step A: equivalent to Public Safety Dispatcher II (Grade J50) o At least two years full-time experience comparable to that of a Dispatcher I with the City of Ceres.

RECREATION 2026
Rate 1 Rate 2 Rate 3
Class Instructor $26.29 $27.60 $28.98
Events/Facility Specialist $20.56 $21.59 $22.67
Recreation Leader $17.15 $18.01 $18.91
Senior Recreation Leader $19.12 $20.08 $21.08

SEASONAL
Assistant Pool Manager $19.75 $20.74 $21.77
Pool Manager $20.71 $21.75 $22.83
Sports Official $18.96 $19.91 $20.90
Swim Instructor/Lifeguard $18.00 $18.90 $19.85

POLICE DEPARTMENT
Abandoned Vehicle Abatement Officer $21.39 $22.45 $23.58 Police Officer Recruit $26.05 - -

CITY OF CERES
Part-Time (Non-Regular) Employee
Hourly Pay Rate Schedule
Effective December 21, 2025
ITEM 7
• Step B: equivalent to Public Safety Dispatcher II (Grade J50) o At least three years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step C: equivalent to Public Safety Dispatcher II (Grade J50) o At least four years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step D: equivalent to Public Safety Dispatcher II (Grade J50) o At least five years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step E: equivalent to Public Safety Dispatcher II (Grade J50) o At least six years full-time experience comparable to that of a Dispatcher I with the City of Ceres.

Reserve Police Officer
• Step A: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire.
 Eligible for step increase after 1,040 hours at Step A. • Step B: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire: AND
o At least one year of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least two years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step C. • Step D: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least three years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step D. • Step E: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least four years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step E. • Step F: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
ITEM 7

3 ATTACHMENT B
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least five years of full-time experience as a sworn peace officer under Section 830.1 PC.

ITEM 7
ITEM 7

Recreation Rates apply as follows:

• Rate 1; at hire
• Rate 2; after one year/season of service
• Rate 3; after two years/seasons of service

Reserve Public Safety Dispatcher
• Step A: equivalent to Public Safety Dispatcher I (Grade J46) o At hire.
 Eligible for step increase after 1,040 hours.
• Step B: equivalent to Public Safety Dispatcher I (Grade J46) o At least one year of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Public Safety Dispatcher I (Grade J46) o At least two years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step C. • Step D: equivalent to Public Safety Dispatcher I (Grade J46) o At least three years of full-time experience as a public safety dispatcher.  Eligible for step increase after 2,080 hours at step D. • Step E: equivalent to Public Safety Dispatcher I (Grade J46) o At least four years of full-time experience as a public safety dispatcher.

Reserve Public Safety Dispatcher
(Previous comparable to a Dispatcher I with the City of Ceres) • Step A: equivalent to Public Safety Dispatcher II (Grade J50) o At least two years full-time experience comparable to that of a Dispatcher I with the City of Ceres.

RECREATION 2025
Rate 1 Rate 2 Rate 3
Class Instructor $26.29 $27.60 $28.98
Events/Facility Specialist $20.31 $21.33 $22.39
Recreation Leader $16.75 $17.31 $18.17
Senior Recreation Leader $18.63 $19.56 $20.54

SEASONAL
Assistant Pool Manager $19.25 $20.21 $21.22
Pool Manager $20.21 $21.22 $22.28
Sports Official $18.46 $19.38 $20.35
Swim Instructor/Lifeguard $17.50 $18.38 $19.29

POLICE DEPARTMENT
Abandoned Vehicle Abatement Officer $21.39 $22.45 $23.58 Police Officer Recruit $24.88 - -

CITY OF CERES
Part-Time (Non-Regular) Employee
Hourly Pay Rate Schedule
Effective December 22, 2024

ATTACHMENT C
ITEM 7
• Step B: equivalent to Public Safety Dispatcher II (Grade J50) o At least three years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step C: equivalent to Public Safety Dispatcher II (Grade J50) o At least four years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step D: equivalent to Public Safety Dispatcher II (Grade J50) o At least five years full-time experience comparable to that of a Dispatcher I with the City of Ceres.
• Step E: equivalent to Public Safety Dispatcher II (Grade J50) o At least six years full-time experience comparable to that of a Dispatcher I with the City of Ceres.

Reserve Police Officer
• Step A: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire.
 Eligible for step increase after 1,040 hours at Step A. • Step B: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire: AND
o At least one year of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at step B. • Step C: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least two years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step C. • Step D: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Intermediate from California Peace Officer Standards and Training under SB 2; AND o At least three years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step D. • Step E: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least four years of full-time experience as a sworn peace officer under Section 830.1 PC.
 Eligible for step increase after 2,080 hours at Step E. • Step F: equivalent to Police Officer (Grade 36U)
o Must possess a POST Basic certificate at hire; AND
ITEM 7

o Eligible to possess a Proof of Eligibility (POE) for Advanced from California Peace Officer Standards and Training under SB 2; AND o At least five years of full-time experience as a sworn peace officer under Section 830.1 PC.

ITEM 7
ITEM 7

COUNCIL AGENDA REPORT

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

MEETING DATE: December 8th, 2025

TO: Mayor and City Council

FROM:

Douglas D. Dunford, City Manager

CONTACT: Sam Royal, Public Works Director
[email protected], (209) 538-5717

SUBJECT: Public Works Monthly Report for October 2025

RECOMMENDED COUNCIL ACTION:

Information only, no action required.

I. BACKGROUND:

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

FACILITY SERVICES:

• Completed 159 Facilities Maintenance work orders including: 94 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, general repairs, and 65 preventive maintenance services.
• Replaced an old fused disconnect with a new three phase 180amp breaker for the pole lights and security cameras at the parking lot for Smyrna Park/Costa Fields. • Assisted Don Pedro Elementary and Whitmore Charter School with their Fall Festival and anniversary with loaning the schools a light tower for their events on 10/17 and 10/24/25.
• A ssisted Parks& Rec with event set -up and support for the annual Trunk or Teat event held at Whitmore Park. Event was well attended by the public. • Continued clean-up of homeless camps/debris at Independence Park and Roeding Park with the assistance of Code Enforcement.

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

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

ITEM 8

FLEET SERVICES:

Completed 78 work orders.

Fleet, Department 20
• 7 Services

Fire, Department 15
• N/A

Police, Department 10
• Performed 39 Vehicle repairs
• Replaced front suspension on CSO vehicle and lift VIP truck

Streets, Department 30
• Performed 15 Vehicle repairs
• Repaired arrow board

Water, Department 35
• Performed 18 Vehicle Repairs
• 1 clean truck checks emissions test
Parks, Department 40
• Perform 14 vehicle repairs
• 2 repairs on Portale trailer breaks and wiring
• Replaced Fuel pump on unit 40-221-12

Wastewater, Department 25
• Perform 7 vehicle repairs
• Vac con 25-266-19- replaced PTO drive shaft and Chasi drive shaft • Replaced fuel tank on unit 25-291-16
Facilities, Department 41
• 6 vehicle repairs

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

LANDSCAPE MAINTENANCE:

Completed a total of 241 service requests in the following categories:
• Bike Path Repairs: 0
ITEM 8
• City Grounds Maintenance: 11
• Park Landscape and Maintenance: 205
• Parks Landscape chemical usage: 95 gallons at parks
• Playground and Equipment Repairs; Several playground parts that were ordered with 120-day lead time for delivery, repair work will follow pending delivery. • Playground and Equipment Inspections: 13 plus 6 repairs. • Right of Way (ROW) Irrigation Repairs: 3 sprinklers
• Park Trees: 52 Trimmed, 1 removal by parks crews
• Customer Requests Tree or Limb Down: 3
Parks sprinklers repaired or replaced:
• Barry Grove – 2 maintenances.
• Costa Fields – 0 maintenance.
• Don Pedro – 0 vandalisms.
• Independence – 1 vandalism.
• Ochoa Park -- Sprinkler System upgrades continue.
• Dog Park – 2 maintenances.
• Neel Park – 2 maintenances.
• Persephone – 3 maintenances.
• Redwood – 0 maintenance.
• River Bluff – 2 vandalisms.
• Riverview – 6 vandalisms.
• Roeding Heights – 2 maintenances.
• Sam Ryno – 2 maintenances.
• Smyrna – 3 vandalisms.
• Strawberry – 0 maintenance.
• Whitmore – 1 vandalism.

Parks General Maintenance/Repairs:
• Graffiti removal at Sam Ryno (2), Strawberry (1), River Bluff (5), Roeding (1), Ochoa (4) Persephone (1), Smyrna (3), Don Pedro (1) Riverview (1) and Independence Park (4) By Parks crew
• WCA Currently handling emergency tree requests.
• Grid Prune Program is on hold due to FY 25-26 budget
Grounds

Rights of Way (ROWs):
• River Road and Central repaired irrigation (2). Valves no common wires, valves need control puck to replace standard valve. Parts ordered. • Started to turn off ROW irrigation for winter months.

Parks
City Parks:
• Reduced days of watering in parks, due to cooler weather.

ITEM 8
• Reset all SCADA in park. Comms still an issue
Sam Ryno:
• Repaired playground 5- 12 age slide; repaired 2-5 age toddler swings damaged, vandalism.
• Repaired motorcycle and car 2/5

Smyrna Park:
• I nstalling 5 security cameras.
• Repaired 5 trees stakes.
• Installed 4 new pad locks, vandalized
• Playground 2/5 damaged ABC wheel vandalism

Costa Fields:
• No update

Neel Park:
• Playground damage 5- 12 gravity spinner mat removed; walkway platforms removed handrails.
• repairs on the following swings broken and various nuts and bolts. Due to Vandalism.

Roeding Park:
• Flushed Well due to sand sediment.
• Changed 6 sprinklers due to sand.
• Added 2 rotary benches and 3 trashcans.

Persephone:
• Replaced playground 5-12 steps to platform.

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

Riverview Park:
• Damaged 5/12 slide entrance area. Replaced with temporary fence. • Waiting on Playground parts for repairs from vandalism. • Changed steps on 5/12 and climber on 2/5.

River Bluff Park:
• Repaired gate at entrance to lower area, cut due to vandalism. • Trimmed 15 trees.
• Mowed and trimmed Lower Terrace- Riverbluff Park, watered Cross Country track • 2 concrete pads and added labels and trash can at lower aera. • Irrigation well is down for possible repair 11/6/25.

ITEM 8
Guillermo Ochoa Park:
• Repaired 4 trees and re-staked.
• In the process of installing 25- 6504 more sprinklers for better coverage. • Rope carousel damaged in playground, replaced bolts.

City Parks Landscaping and Maintenance is performed by one (1) Supervisor, one (0) Sr.

Parks Maintenance Worker, and Four (4) Park Maintenance Workers.

SOLID WASTE & RECYCLING:

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

Residential…………………….… 1,226.83 tons
• Commercial………………………. 1,760.31 tons
• Illegal dump/litter abate (code enforcement) 5.90 tons • Illegal dump/litter abate (Public Works staff) .95 tons, 7 locations • Illegal dump (Bertolotti) ………. .83 tons, 4 locations • Bulky items…………………….… 35.87 tons,148 locations
• Bulky recycling………………….. 1.68 tons
• Leaf/limb ………...…………….… 140.29 tons
• Street Sweep………………….… 33.29 tons
• Residential Organics…………… 489.18 tons
• Commercial Organics…………. 165.73 tons
• Residential Recycle………….… 271.71 tons
• Commercial Recycle …………… 4.28 tons
• C&D (Construction/Demolition Debris) 43.59 tons • Used oil…………………………… 190 gallons
• Used oil filter……………...……… 25
.
• There were 60 residential and commercial cart violations issued in October.

• The seasonal Leaf & Limb collection program started on October 1 st and will end on January 9th, 2026. Collection of leaf & limb debris occurs on the day after the residence's scheduled recycling pick-up day. This service is not provided for apartment complexes or businesses. Piles will not be collected unless the following program rules are met:

• Limbs must be cut in lengths of four feet (4') or less and no larger than six inches (6") in diameter.
• Place loose leaves and limbs in piles at least one foot (1') away from the curb in front of your residence.
• Leaf and limb piles must not contain garbage, dirt, plastic bags, tree stumps, palm fronds, or grass clippings.

• The annual Community Free Disposal Day will be held on Saturday, February 7th, 2026, at the River Bluff Regional Sports Complex from 8am to 11:45am. The event is for large appliances/furniture disposal only (no household trash or organics) and will also have e- ITEM 8
waste and mattress disposal services available. A maximum of 7 waste tires per load, and no loads larger than a pick -up truck will be allowed (NO TRAILERS). Participants must show their ID and City of Ceres utility bill at the gate. This year’s event is not funded through the Cal Trans Clean California grant (no longer available) but the waste tire disposal costs are covered through the Cal Recycle Waste Tire Disposal grant.

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

STREETS SERVICES:

• Staff responded to a total of 108 customer service requests. • Staff responded to 276 USA’s
• Patched 614 potholes
• Eliminated 13 sidewalk offsets
• Responded to 8 locations for graffiti removal
• Responded to 5 locations for blight removal
• Repaired 22 streetlights
• Repaired large sink hole on Mullen Dr to include curb, gutter, sidewalk and asphalt • Repaired sink hole on Lucchesi
• Pulled tracer wire on Whitmore AVE, Morgan RD to Crows Landing RD, for traffic signal fiber optic conduit detection
• Cleaned 13 DI’s
• Cleaned 6 storm drain lift stations
• 5 Confine space entries to replace damaged floats
• Flushed 650” of storm drain pipeline
• Performed 2 excavations for the Water Division

Streets Division maintenance is performed by one (1) Supervisor, two (2) Sr. Maintenance Workers, (6) Streets Maintenance Operators, one (1) Street Sweeper Operator (2) part time Streets/Code Enforcement Maintenance workers. One operator is out on workers comp, and one is out on baby bonding.

WASTEWATER (WRRF):

• Responded to 7 customer service requests and 26 sewer problems, during working hours and after hours.
• Staff responded to 2 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• Serviced or Repaired:
• Lift Stations – 11
• WWTP Equipment – 14
• Main line sewer plugs – 2
ITEM 8
• Aerators – 2
• Staff inspected the forced main to Turlock.
• Staff cleaned 19,751 feet of sewer main line.
• Staff CCTV inspected 4,381 feet of sewer main line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR), and Sewer Master Plan (SMP). Staff collected data, attended meetings & tours regarding the Ceres Water Resource Recovery Facility upgrades. • SCADA Integrator, Jeff Burrows, and Wastewater Staff continued integrating treatment plant controls to the new SCADA system.
• SCADA communications are intermittently suffering due to an unknown outside signal, which is inhibiting the ability for SCADA to communicate with remote sites. • Public Works staff and Jeff Burrows are working on a viable long-term solution to these communication issues. Loss of alarms at the lift stations could result in Sanitary Sewer Overflows and fines from the state.

• Wastewater staff spent 2 weeks cleaning and treating the sewer lines in the Morrow Village Development. The sewer lines in this development are mostly in the backyards of residents, which can be difficult to access, especially during non- working hours. The sewer lines were thoroughly cleaned and then a treatment that prevent roots from entering the sewer lines and kills the roots that have already infiltrated the sewer lines, was applied.

• Staff assisted Facilities Department with a crane and 2 operators to lift a large motor off of the roof of the fire station. On a separate occasion Wastewater staff use the crane to lift the motor back into place on the Fire Station roof. • Wastewater staff installed a replacement weather station. The comparable but outdated weather station it was replacing had failed.
• Staff checked & marked 273 USA tickets, which took 39 hours; preventing contractors from damaging City sewer lines.
• City of Turlock sewer usage charge for the month of September $65,353.26 • City of Modesto sewer usage charge for the month of September $146,965.45 • Effluent Biochemical Oxygen Demand (BOD) 89 mg/L.
• The Wastewater Treatment Plant treated and disposed of 75.86 MG (Million Gallons) of wastewater with an average of 2.45 MGD (Million Gallons per Day).

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

WATER SYSTEM MAINTENANCE:

Water, Department 35

• October 2025 well production was 50.465 million gallons. • Treated Water delivered from SRWA was 146 million gallons. • Average water use for September was 1.63 million gallons per day. • Water staff responded to 18 customer service requests. • Water staff responded to 113 Underground Service Alerts (USA) markings.

ITEM 8
• Meter statistics and repairs:
• Meters in water distribution system: 11,911
• Meters/radios serviced: 21
• Meters replaced: 18
• Meters upgraded from ¾”, 5/8” to 1”: 7
• Total valves in water distribution system: 4,402
• Blow-offs and hydrants flushed: 3
• Service line leaks: 9
• Service lines have been replaced: 3
• Hydrants replaced or reset: 1
• Water quality samples taken: 52
Water Conservation, Department 36

• October 2025 calculated residential gallons used per person per day: 68.73 gallons • Annual average is 72.37 gallons per person per day.
• Responded to 28 water conservation service requests.
• Water portal has 460 residents registered, which is 2 more than the previous month.
• Issued courtesy notifications: 36
• Performed 1 water audit
• Delivered 30 water waste warnings and issued 9 water waste fines. • Rebates Issued: Dishwasher: 0, Smart Irrigation: 1, ULF Toilets: 0, Washing Machine: 0, and Turf Replacements: 0
• Total Rebates YTD: 17

In previous reports, staff has reported water production data compared to a target -use capped total objective of 3,591 million gallons. The state has shifted away from target - based use and moved to what is called objective- based use. Under the “Making Water Conservation a California Way of Life” regulations, urban water suppliers are now mandated to calculate an Urban Water Use Objective (UWUO). The UWUO is a water efficiency target set by the state to help cities and water suppliers use water more wisely.

It tells each agency how much water they should be using based on local conditions like population, climate, and land use. The chart below compares 2025 production data to date with the most recent UWUO.

ITEM 8

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

Approved by: __________________
Douglas D. Dunford
City Manager
ITEM 8
ITEM 8

COUNCIL AGENDA REPORT

CITY COUNCIL

Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT:

Resolution No. 202 5-XXX, Approving an Agreem ent with West Coast Arborists, Inc. in the Amount of $89,275.00 for the Purchase of Trees and Authorizing the Cit y Manager to Execute the Agreement
Resolution No. 2025-XXX, Approving an Agreement with California Landscape Supply in the Amount of $96,995.64 for the P urchase of Trees and Authorizing the City Manager to Execute the Agreement

RECOMMENDED COUNCIL ACTION:

Staff recommends City Council award a service agreement to West Coast Arborists Inc, and California Landscape Supply for purchasing trees and authorizing the City Manager to execute the agreement.

I. BACKGROUND:

The proposed grant was presented to the Council on May 28, 2024, for application approval. On April 10, 2025, the City received an award from the State of California Department of Forestry and Fire Protection for $1,084,600.00 to plant 1,300 trees. These initiatives include planting of native trees and shrubs, installation of sustainable irrigation systems, and creation of green spaces for community enjoyment. The project will offer relief from the sun’s harsh rays, particularly during the hot summer months , thereby fostering a more inviting and comfortable environment for children and families to gather, play and engage in outdoor activities. Providing shade from trees not only promotes physical comfort but also encourages greater utilization of the park and public spaces, facilities social interaction and supports the overall health and wellbeing of our community members.

ITEM 9a. - 9b.

II. REASONS FOR RECOMMENDATION:

The City issued a Request for Bids (RFB) for tree purchases on September 8, 2025. Four bids were received on September 25, 2025, and evaluated for responsiveness and responsibility in accordance with the City’s procurement requirements. Based on this evaluation, two companies were determined to meet all specifications and qualifications:

West Coast Arborists, with a bid of $89,275.00, and California Landscaping, with a bid of $96,995.64. A detailed bid tabulation, including line-item pricing, is provided in Exhibit B.

III. FISCAL IMPACTS:

On July 28, 2025, the City Council accepted the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.00. Staff recommends approving an agreement with West Coast Arborist Inc for a total of $89,275 and California Landscape Supply for a total of $96,9 95.64 The Finance Department has established Account No. 2 1040.031900 to track expenses associated with this grant. Funding in this account is sufficient to cover the recommended contract cost of $186 ,270.64. No General Fund dollars will be used for the purchase of trees.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Livable Community: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLICY ALTERNATIVES:

The City Council may consider the following alternatives:

1. Approve the request as recommended by staff.

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

3. 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.

VI. INTERDEPARTMENTAL COORDINATION:

Interdepartmental coordination would be essential for the successful planning and implementation of the proposed City landscaping project. Given the multifaceted nature of the project, collaboration among Public Works Department parks division, and Finance Department to manage the allocation of grand funds and track project expenditures to ensure accounting and compliance with funding requirements.

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

ITEM 9a. - 9b.

N/A

IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager will execute the service contract with West Coast Arborists Inc. and California Landscape Supply.

Approved by: ____________________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution (West Coast Arborists, Inc.)

2. Attachment B – Resolution (California Landscape Supply)

3. Attachment C – Agreement (West Coast Arborists, Inc.)

4. Attachment D – Agreement (California Landscape Supply)

ITEM 9a. - 9b.

ITEM 9a. - 9b.

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH WEST COAST ARBORISTS INC. IN THE AMOUNT OF $89,275.00 FOR THE PURCHASE OF TREES AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, o n July 28, 2025 , City Council accepted the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.00; and

WHEREAS, the City issued a Request for Bids (RFB) for Tree Purchasing on September 8, 2025; and

WHEREAS, bids were received from four companies on September 25, 2025, and were evaluated based on the qualifications submitted by each firm given to experience, capacity and proposed approach; and

WHEREAS, West Cost Arborists Inc. received the highest evaluation score, demonstrating strong qualifications and extensive experience in municipal tree purchasing total amount of $89,275.00; and

WHEREAS, the Finance Department has established account number 21040.031900 to track expenses associated with this grant and payments to West Coast Arborists Inc will made from this account; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with West Co ast Arborists Inc. in the amount of $89,275.00 for the purchase of t rees a nd authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9a. - 9b.

ITEM 9a. - 9b.

ATTACHMENT B
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH CALIFORNIA LANDSCAPE
SUPPLY IN THE AMOUNT OF $96,995.64 FOR THE PURCHASE OF

TREES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, o n July 28, 2025 , City Council accepted the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.00; and

WHEREAS, the City issued a Request for Bids (RFB) for Tree Purchasing on September 8, 2025; and

WHEREAS, bids were received from four companies on September 25, 2025, and were evaluated based on the qualifications submitted by each firm given to experience, capacity and proposed approach; and

WHEREAS, California Landscape Supply received the highest evaluation score, demonstrating strong qualifications and extensive experience in municipal tree purchasing total amount of $96,995.64; and

WHEREAS, the Finance Department has established account number 21040.031900 to track expenses associated with this grant and payments to California Landscape Supply will be made from this account; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with California Landscape Supply in the amount of $96,995.64 for the purchase of t rees a nd authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

_________________________________
Javier Lopez, Mayor
ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 9a. - 9b.

ITEM 9a. - 9b.

ATTACHMENT C

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 8th day of December 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and “West Coast Arborists Inc.” hereinafter referred to as "CONTRACTOR".

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

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

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

ITEM 9a. - 9b.

ATTACHMENT C

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

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

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

ITEM 9a. - 9b.

ATTACHMENT C

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the City Project Manager to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the City Project Manager.

Any greater change, taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective December 8, 2025, and will continue in effect until December 31, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “B” with

Amount Not to Exceed $89,275.00

ITEM 9a. - 9b.

ATTACHMENT C

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

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

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other ITEM 9a. - 9b.

ATTACHMENT C

resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

The City Project Manager have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to ITEM 9a. - 9b.

ATTACHMENT C

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

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

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

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

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

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

ITEM 9a. - 9b.

ATTACHMENT C

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

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

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

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

FOR CONTRACTOR:

Name: West Coast Arborists Inc.

Address: 3625 E. Stevenson Ave
Stockton, CA 95205

Attention: Tim Patterson
Phone: (209) 810-8023

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

Ceres, CA 95307

Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “C”.

ITEM 9a. - 9b.

ATTACHMENT C

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

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

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

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

Termination for Failure to Make Agreed-Upon Payments
Should CITY fail to pay CONTRACTOR all or any part of the payments set forth in this Agreement on the date due, at his option CONTRACTOR may terminate this Agreement if the failure is not remedied within thirty (30) days after CONTRACTOR notifies CITY in writing of such failure to pay. The termination date shall be the effective ITEM 9a. - 9b.

ATTACHMENT C

date of the notice.

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

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

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

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

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

ITEM 9a. - 9b.

ATTACHMENT C

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

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

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

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

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

27. AUDIT
CITY'S duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel ITEM 9a. - 9b.

ATTACHMENT C

necessary to audit and verify CONTRACTOR'S charges to CITY under this Agreement.

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

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

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

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

30. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing ITEM 9a. - 9b.

ATTACHMENT C

Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

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

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

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

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

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

Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable if such action is ITEM 9a. - 9b.

ATTACHMENT C

prosecuted to judgment.

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

Dated , 2025 Dated , 2025
CITY OF CERES, a municipal corporation CONTRACTOR NAME By By
Douglas D. Dunford, City Manager Signature

Name, Title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk

ITEM 9a. - 9b.

ATTACHMENT C

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

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

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

ITEM 9a. - 9b.

ATTACHMENT C

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 9a. - 9b.

ATTACHMENT C

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 9a. - 9b.

ATTACHMENT C

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

Subcontractors

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

ITEM 9a. - 9b.

ATTACHMENT C

EXHIBIT B

West Coast Arborists Inc.

Tree Unit Cost Quantity Subtotal Total
Blue Oak
(Quercus douglasii)
$139 110 $15,290.00
Interior Live Oak
(Quercus wislizenii)
$139 110 $15,290.00
Red Maple
(Acer rubrum ‘October
Glory’)
$129 110 $14,190.00
Eastern Redbud
(Cercis canadensis)
$129 250 $32,250.00
Crape Myrtle
(Lagerstromia)
$129 95 $12,255.00

675 Trees $89,275.00

ITEM 9a. - 9b.

ATTACHMENT C

EXHIBIT A

PURCHASE AND DELIVERY OF 1,300 CITY TREES

SCOPE OF WORK

1. SCPOE OF SUPPLY

The City of Ceres is soliciting proposals from qualified vendor(s) responsible for supplying and delivering nursery-grown trees as specified below:

a) Tree Specifications
o All trees shall be nursery-grown, healthy, vigorous, and free from pests, disease, mechanical injury, or structural defects.
o Trees must conform to the current American Standard for Nursery Stock (ANSI Z60.1). o Trees shall be true to type and species.
a) Species & Sizes
o The City anticipates ordering a mix of species and sizes (see Appendix A: Tree Species and Size Schedule). Vendors may propose substitutions if certain species are unavailable; however, substitutions must be pre-approved by the City. a) Quantities
o Total of 1,300 trees, with an estimated breakdown as listed in Appendix A. o Quantities are approximate; the City reserves the right to increase or decrease quantities prior to final purchase.
a) Delivery
o Vendor shall deliver trees to, WWTP located at 4200 Morgan Road, Ceres. o Delivery must be scheduled and coordinated with the City’s Public Works Department. o Trees must be delivered in containers or balled & burlapped (B&B) suitable for transport and handling.

2. PROPOSAL REQUIREMENTS

Vendors shall submit a proposal that includes:
f) Cover Letter with company background, qualifications, and understanding of the request. f) Tree Availability & Pricing based on Appendix A schedule (unit cost per species/size, extended total, and delivery charges).
f) Nursery Location(s) and growing practices.
f) Delivery Schedule including estimated lead times.
f) References from at least three agencies or municipalities for similar projects. f) Warranty information (minimum one-year replacement warranty preferred).

3. EVALUATION CRITERIA

Proposals will be evaluated on the following basis:
• Quality and health of nursery stock offered (30%)
• Price competitiveness (30%)
• Availability of species and sizes requested (20%)
• Ability to meet delivery requirements (10%)
ITEM 9a. - 9b.

ATTACHMENT C

• Experience and references (10%)

4. GENERAL CONDITIONS

• The City reserves the right to accept or reject any or all proposals, waive informalities, or accept the proposal that serves the best interest of the City. • All costs incurred in proposal preparation are the responsibility of the vendor. • The selected vendor must comply with all applicable federal, state, and local laws and regulations.

Appendix A: Tree Species and Size Schedule (Draft)
(to be finalized with staff input – adjust quantities as needed to total 1,300 trees) Species Size (Box or Gallon) Quantity
Blue Oak (Quercus Douglas) 15 Gallon 110
Interior Live Oak (Quercus Wislizeni) 15 Gallon 110
Carob (Ceratonia Siliqua) 15 Gallon 110
Greek Strawberry Tree (Arbutus Andrachne) 15 Gallon 110 Red Mable 15 Gallon 110
Eastern Redbud 15 Gallon 250
Crape Myrtle 15 Gallon 250
Australian Willow 15 Gallon 250
TOTAL 1,300

EXHIBIT B

PURCHASE AND DELIVERY OF 1,300 CITY TREES

BID LIST

To the City Council of the City of Ceres, California:

The undersigned declares that he has carefully examined the location of the proposed work and the Scope of Services/Specifications, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all plant, labor, materials, tools, equipment, and incidentals, and to complete all the work in accordance with said Scope of Services/Specifications for the prices set forth in the following schedule:

Item Appx.

Quantity
Unit Unit Price in Words Unit
Price
Amount
1 110 Each 15-Gallon Blue Oak (Quercus
Douglas)

2 110 Each 15-Gallon Carob (Ceratonia
Siliqua)

3 110 Each 15-Gallon Interior Live Oak
(Quercus Wislizeni)

4 110 Each 15-Gallon Greek Strawberry
ITEM 9a. - 9b.

ATTACHMENT C

(Arbutus Andrachne)
5 110 Each 15-Gallon Red Mable
6 250 Each 15-Gallon Eastern Redbud
7 250 Each 15-Gallon Crepe Myrtle
8 250 Each 15-Gallon Australian Willow
TOTAL:

Signature: _____________________________________
Date:__________________________________________

Company: _____________________________________

____________________________________

____________________________________

CONTRACTOR BID INFORMATION

THE UNDERSIGNED AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS BID, THAT THIS

BID HAS NOT BEEN PREPARED IN COLLUSION WITH ANY OTHER RESPONDENT, AND THAT THE CONTENT OF THIS BID HAS NOT BEEN COMMUNICATED TO ANY OTHER RESPONDENT.

CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

Name of Company:

Company Address:

Project and Location:

Fed Tax ID#:

City of Ceres Buss. License #:

W-9 (If this is first time doing business with the City of Ceres)

E-mail information or clarification in the form of
addenda was received?

ITEM 9a. - 9b.

ATTACHMENT C

Dept. of Industrial Relations (DIR) #
($25,00.00 and over) and address if different than above location:

Name of Project Manager :

Representative's E-mail:

Representative's Phone #:
$2,000,000 Certificate of Insurance:

City Council Approval Date
($25,000.00 and over)

Name/Title of Authorized Signer:

Authorized Signature

PURCHASE AND DELIVERY OF 1,300 CITY TREES

BID FORMS AND RELATED DOCUMENTS

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
(FORM A)

List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. Attach additional pages if necessary.

Item No. Reference To: Description
Page No. Paragraph No.

ITEM 9a. - 9b.

ATTACHMENT C

PURCHASE AND DELIVERY OF 1,300 CITY TREES
BIDDER’S ACKNOWLEDGEMENT

(FORM B)

BIDDER makes the following representations and acknowledgments:

A. Bidder has had an opportunity to examine and has examined all of the bid documents, and has, from the information contained in such documents and data, fully acquainted itself with all conditions relevant to the work. The term “bid documents” includes all documents included and referenced in the document entitled “BID DOCUMENTS”.

B. Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.

C. Bidder will complete the work for the compensation stated in its bid.

D. Bidder assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

E. Bidder represents that Bidder is fully qualified to do the work in accordance with the terms of the bid document.

F. Bidder currently holds a valid contractor’s license with the State of California.

Contractor’s License Number:______________________________

Type or Class: __________________________________________

Dated: _______________________, 2025
ITEM 9a. - 9b.

ATTACHMENT C

Bidder: ____________________________________
Firm Name (Type Or Print)

By: _________________________________________
(Signature)

______________________________________________
(Typed Or Printed Name)

______________________________________________
Title or Capacity Of Person Signing This Document

PURCHASE AND DELIVERY OF 1,300 CITY TREES

REFERENCES
(FORM C)

Bidders shall provide a list of three (3) current or former clients in the area provided below. References shall be provided as required in the bid specifications, terms and conditions. References should have similar volume and requirements to those outlined in these specifications, terms and conditions.

All bidders must provide a list of references identifying prior experience in the same type of work requested by the City under Scope of Work, demonstrating a thorough understanding of purchase and delivery of 1,300 city trees. Bidders failing to provide references shall be deemed unacceptable.

The City may contact some or all of the references provided in order to determine the bidder’s performance record on work similar to that described in this bid. The City reserves the right to contact references other than those provided in the re sponse and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Telephone Number:

Type of Business:

Date of Service:

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Telephone Number:

Type of Business:

ITEM 9a. - 9b.

ATTACHMENT C

Date of Service:

Company Name:

Address:

City, State, Zip Code
Contact Person:

Telephone Number:

Type of Business:

Date of Service:

ITEM 9a. - 9b.

ITEM 9a. - 9b.

ATTACHMENT D

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 8th day of December 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and “California Landscape Supply” hereinafter referred to as "CONTRACTOR".

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

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

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

ITEM 9a. - 9b.

ATTACHMENT D

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

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

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

ITEM 9a. - 9b.

ATTACHMENT D

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the City Project Manager to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the City Project Manager.

Any greater change, taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective December 8 , 2025, and will continue in effect until December 31, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “B” with

Amount Not to Exceed $96,995.64
ITEM 9a. - 9b.

ATTACHMENT D

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

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services, Tree Planting Services immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the City Project Manger, if the extension is determined, in the sole discretion of the City Project Manager, to be justified and reasonable. The City Project Manager decision shall be final.

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

ITEM 9a. - 9b.

ATTACHMENT D

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

ITEM 9a. - 9b.

ATTACHMENT D

The City Project Manager have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

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

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

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

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

ITEM 9a. - 9b.

ATTACHMENT D

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

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

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

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

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 9a. - 9b.

ATTACHMENT D

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

FOR CONTRACTOR: Name: California Landscape Supply Address: 4107 Morgan Road
Ceres, CA 95307

Attention: Brianna Bowers
Phone: (209) 216-9823

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

Ceres, CA 95307

Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “C”.

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

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

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 9a. - 9b.

ATTACHMENT D

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

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

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

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

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

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

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 9a. - 9b.

ATTACHMENT D

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

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

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

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 9a. - 9b.

ATTACHMENT D

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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

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

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

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

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

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

Should the CITY give written notice to the CONTRACTOR of any defects in the work of ITEM 9a. - 9b.

ATTACHMENT D

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

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

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

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

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of ITEM 9a. - 9b.

ATTACHMENT D

California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

ITEM 9a. - 9b.

ATTACHMENT D

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

Dated , 2025 Dated , 2025
CITY OF CERES, a municipal corporation CONTRACTOR NAME By By
Douglas D. Dunford, City Manager Signature

Name, Title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk

ITEM 9a. - 9b.

ATTACHMENT D

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

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

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

ITEM 9a. - 9b.

ATTACHMENT D

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 9a. - 9b.

ATTACHMENT D

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 9a. - 9b.

ATTACHMENT D

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

Subcontractors

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

ITEM 9a. - 9b.

ATTACHMENT D

EXHIBIT B

California Landscape Supply
Tree Unit Cost Quantity Subtotal Tax 8.375% Total
Eastern Redbud
(Cercis canadensis)
$122 250 $30,500 $2,554.38 $33,054.38
Crape Myrtle
(Lagerstromia)
$122 125 $15,250 $1,277.19 $16,527.19

Australian Willow
(Geijera parviflora)
$175 250 $43,750 $3,664.07 $47,414.07
625
Trees
$ 96,995.64

ITEM 9a. - 9b.

ATTACHMENT D

EXHIBIT A

PURCHASE AND DELIVERY OF 1,300 CITY TREES

SCOPE OF WORK

1. SCPOE OF SUPPLY

The City of Ceres is soliciting proposals from qualified vendor(s) responsible for supplying and delivering nursery-grown trees as specified below:

a) Tree Specifications
o All trees shall be nursery-grown, healthy, vigorous, and free from pests, disease, mechanical injury, or structural defects.
o Trees must conform to the current American Standard for Nursery Stock (ANSI Z60.1). o Trees shall be true to type and species.
a) Species & Sizes
o The City anticipates ordering a mix of species and sizes (see Appendix A: Tree Species and Size Schedule). Vendors may propose substitutions if certain species are unavailable; however, substitutions must be pre-approved by the City. a) Quantities
o Total of 1,300 trees, with an estimated breakdown as listed in Appendix A. o Quantities are approximate; the City reserves the right to increase or decrease quantities prior to final purchase.
a) Delivery
o Vendor shall deliver trees to, WWTP located at 4200 Morgan Road, Ceres. o Delivery must be scheduled and coordinated with the City’s Public Works Department. o Trees must be delivered in containers or balled & burlapped (B&B) suitable for transport and handling.

2. PROPOSAL REQUIREMENTS

Vendors shall submit a proposal that includes:
f) Cover Letter with company background, qualifications, and understanding of the request. f) Tree Availability & Pricing based on Appendix A schedule (unit cost per species/size, extended total, and delivery charges).
f) Nursery Location(s) and growing practices.
f) Delivery Schedule including estimated lead times.
f) References from at least three agencies or municipalities for similar projects. f) Warranty information (minimum one-year replacement warranty preferred).

3. EVALUATION CRITERIA

Proposals will be evaluated on the following basis:
• Quality and health of nursery stock offered (30%)
• Price competitiveness (30%)
• Availability of species and sizes requested (20%)
• Ability to meet delivery requirements (10%)
ITEM 9a. - 9b.

ATTACHMENT D

• Experience and references (10%)

4. GENERAL CONDITIONS

• The City reserves the right to accept or reject any or all proposals, waive informalities, or accept the proposal that serves the best interest of the City. • All costs incurred in proposal preparation are the responsibility of the vendor. • The selected vendor must comply with all applicable federal, state, and local laws and regulations.

Appendix A: Tree Species and Size Schedule (Draft)
(to be finalized with staff input – adjust quantities as needed to total 1,300 trees) Species Size (Box or Gallon) Quantity
Blue Oak (Quercus Douglas) 15 Gallon 110
Interior Live Oak (Quercus Wislizeni) 15 Gallon 110
Carob (Ceratonia Siliqua) 15 Gallon 110
Greek Strawberry Tree (Arbutus Andrachne) 15 Gallon 110 Red Mable 15 Gallon 110
Eastern Redbud 15 Gallon 250
Crape Myrtle 15 Gallon 250
Australian Willow 15 Gallon 250
TOTAL 1,300

EXHIBIT B

PURCHASE AND DELIVERY OF 1,300 CITY TREES

BID LIST

To the City Council of the City of Ceres, California:

The undersigned declares that he has carefully examined the location of the proposed work and the Scope of Services/Specifications, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all plant, labor, materials, tools, equipment, and incidentals, and to complete all the work in accordance with said Scope of Services/Specifications for the prices set forth in the following schedule:

Item Appx.

Quantity
Unit Unit Price in Words Unit
Price
Amount
1 110 Each 15-Gallon Blue Oak (Quercus
Douglas)

2 110 Each 15-Gallon Carob (Ceratonia
Siliqua)

3 110 Each 15-Gallon Interior Live Oak
(Quercus Wislizeni)

4 110 Each 15-Gallon Greek Strawberry
ITEM 9a. - 9b.

ATTACHMENT D

(Arbutus Andrachne)
5 110 Each 15-Gallon Red Mable
6 250 Each 15-Gallon Eastern Redbud
7 250 Each 15-Gallon Crepe Myrtle
8 250 Each 15-Gallon Australian Willow
TOTAL:

Signature: _____________________________________
Date:__________________________________________

Company: _____________________________________

____________________________________

____________________________________

CONTRACTOR BID INFORMATION

THE UNDERSIGNED AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS BID, THAT THIS

BID HAS NOT BEEN PREPARED IN COLLUSION WITH ANY OTHER RESPONDENT, AND THAT THE CONTENT OF THIS BID HAS NOT BEEN COMMUNICATED TO ANY OTHER RESPONDENT.

CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

Name of Company:

Company Address:

Project and Location:

Fed Tax ID#:

City of Ceres Buss. License #:

W-9 (If this is first time doing business with the City of Ceres)

E-mail information or clarification in the form of
addenda was received?

ITEM 9a. - 9b.

ATTACHMENT D

Dept. of Industrial Relations (DIR) #
($25,00.00 and over) and address if different than above location:

Name of Project Manager :

Representative's E-mail:

Representative's Phone #:
$2,000,000 Certificate of Insurance:

City Council Approval Date
($25,000.00 and over)

Name/Title of Authorized Signer:

Authorized Signature

PURCHASE AND DELIVERY OF 1,300 CITY TREES

BID FORMS AND RELATED DOCUMENTS

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
(FORM A)

List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. Attach additional pages if necessary.

Item No. Reference To: Description
Page No. Paragraph No.

ITEM 9a. - 9b.

ATTACHMENT D

PURCHASE AND DELIVERY OF 1,300 CITY TREES
BIDDER’S ACKNOWLEDGEMENT

(FORM B)

BIDDER makes the following representations and acknowledgments:

A. Bidder has had an opportunity to examine and has examined all of the bid documents, and has, from the information contained in such documents and data, fully acquainted itself with all conditions relevant to the work. The term “bid documents” includes all documents included and referenced in the document entitled “BID DOCUMENTS”.

B. Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.

C. Bidder will complete the work for the compensation stated in its bid.

D. Bidder assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

E. Bidder represents that Bidder is fully qualified to do the work in accordance with the terms of the bid document.

F. Bidder currently holds a valid contractor’s license with the State of California.

Contractor’s License Number:______________________________

Type or Class: __________________________________________

Dated: _______________________, 2025
ITEM 9a. - 9b.

ATTACHMENT D

Bidder: ____________________________________
Firm Name (Type Or Print)

By: _________________________________________
(Signature)

______________________________________________
(Typed Or Printed Name)

______________________________________________
Title or Capacity Of Person Signing This Document

PURCHASE AND DELIVERY OF 1,300 CITY TREES

REFERENCES
(FORM C)

Bidders shall provide a list of three (3) current or former clients in the area provided below. References shall be provided as required in the bid specifications, terms and conditions. References should have similar volume and requirements to those outlined in these specifications, terms and conditions.

All bidders must provide a list of references identifying prior experience in the same type of work requested by the City under Scope of Work, demonstrating a thorough understanding of purchase and delivery of 1,300 city trees. Bidders failing to provide references shall be deemed unacceptable.

The City may contact some or all of the references provided in order to determine the bidder’s performance record on work similar to that described in this bid. The City reserves the right to contact references other than those provided in the re sponse and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Telephone Number:

Type of Business:

Date of Service:

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Telephone Number:

Type of Business:

ITEM 9a. - 9b.

ATTACHMENT D

Date of Service:

Company Name:

Address:

City, State, Zip Code
Contact Person:

Telephone Number:

Type of Business:

Date of Service:

ITEM 9a. - 9b.

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: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT:

Resolution No. 2025-XXX, Approving an Agreement with Westside Landscape & Concrete, Inc. in the Amount of $174,598.00 for Tree Planting and Authorizing the Cit y Manager to Execute the Agreement

RECOMMENDED COUNCIL ACTION:

Staff recommend City Council award a service agreement to Westside Landscape & Concrete, Inc. for tree planting and authorizing the City Manager to execute the agreement.

I. BACKGROUND:

The proposed grant was presented to the Council on May 28, 2024, for application approval. On April 10, 2025, the City received an award from the State of California Department of Forestry and Fire Protection for $1,084,600.00 to plant 1,300 trees. These initiatives include planting of native trees and shrubs, installation of sustainable irrigation systems, and creation of green spaces for community enjoyment. The project will offer relief from the sun’s harsh rays, particularly during the hot summer months , thereby fostering a more inviting and comfortable environment for children and families to gather, play and engage in outdoor activities. Providing shade from trees not only promotes physical comfort but also encourages greater utilization of the park and public spaces, facilities social interaction and supports the overall health and wellbeing of our community members.

II. REASONS FOR RECOMMENDATION:

The City issued a Request for Bids (RFB) for tree planting on September 8, 2025. Five bids were received on September 25, 2025, and evaluated for responsiveness and responsibility in accordance with the City’s procurement requirements. Based on this evaluation, Westside Landscaping & Concrete, Inc. met all specifications and qualifications: with a bid of $ 174,598.00. A detailed bid tabulation cost is provided in Attachment C.

ITEM 10

III. FISCAL IMPACTS:

On July 28, 2025, the City Council accepted the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.00. Staff recommends approving an agreement with Westside Landscape & Concrete Inc for a total of $174,598 .00. The Finance Department has established Account No. 21040.029900 to track expenses associated with this grant. Funding in this account is sufficient to cover the recommended contract cost of $174,598.00. No General Fund dollars will be used for the tree planting services.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Livable Community: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLICY ALTERNATIVES:

The City Council may consider the following alternatives:

1. Approve the request as recommended by staff.

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

3. 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.

VI. INTERDEPARTMENTAL COORDINATION:

Interdepartmental coordination would be essential for the successful planning and implementation of the proposed City landscaping project. Given the multifaceted nature of the project, collaboration among Public Works Department parks division, and Finance Department to manage the allocation of grand funds and track project expenditures to ensure accounting and compliance with funding requirements.

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX.

STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager will execute the service contract with Westside Landscape & Concrete, Inc.

ITEM 10

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

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Bid Summary

ITEM 10
ITEM 10

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH WESTSIDE LANDSCAPE &
CONCRETE, INC, IN THE AMOUNT OF $174,598.00 FOR TREE

PLANTING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, o n July 28, 2025 , City Council accepted the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.00; and

WHEREAS, the City issued a Request for Bids (RFB) for Tree Planting on September 8, 2025; and

WHEREAS, bids were received from five (5) companies on September 25, 2025, and were evaluated based on the qualifications submitted by each firm given to experience, capacity and proposed approach; and

WHEREAS, Westside Landscape & Concrete Inc. received the highest evaluation score, demonstrating strong qualifications and extensive experience in municipal tree planting in the total amount of $174,598.00; and

WHEREAS, the Finance Department has established account number 21040.029900 to track expenses associated with this grant and payments to Westside Landscape & Concrete Inc.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with Westside Landscape & Concrete Inc., in the amount of $174,598.00 for the planting of t rees a nd authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8
th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 10
ITEM 10

ATTACHMENT B

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 8th day of December 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and “Westside Landscape & Concrete, Inc.” hereinafter referred to as "CONTRACTOR".

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

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

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

ITEM 10

ATTACHMENT B

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

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

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

ITEM 10

ATTACHMENT B

6. ADDITIONAL SERVICES
CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the City Project Manager to the CONTRACTOR, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the CONTRACTOR. Any change in compensation of ten percent (10%) or less of the Contract Sum, or in the time to perform, may be approved by the City Project Manager.

Any greater change, taken either separately or cumulatively must be approved by the CITY Council. It is expressly understood by CONTRACTOR that the provisions of this section shall not apply to services specifically set forth in the Scope of Work or reasonably contemplated therein. CONTRACTOR hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than CONTRACTOR anticipates and that CONTRACTOR shall not be entitled to additional compensation therefore.

7. TERM OF AGREEMENT
This Agreement shall be effective December 8, 2025, and will continue in effect until December 31, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “B” with

Amount Not to Exceed $174,598.00
ITEM 10

ATTACHMENT B

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

11. SCHEDULE OF PERFORMANCE
CONTRACTOR shall begin to perform work required by the Scope of Services, for the Tree Planting services immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the City Project Manager, if the extension is determined, in the sole discretion of the City Project Manager, to be justified and reasonable. The City Project Manager decision shall be final.

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

ITEM 10

ATTACHMENT B

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

ITEM 10

ATTACHMENT B

The City Project Manager shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

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

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

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

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

ITEM 10

ATTACHMENT B

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

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

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

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

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

19. NOTICES
Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to ITEM 10

ATTACHMENT B

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

FOR CONTRACTOR: Name: Westside Landscape & Concrete Inc.

Address: 27107 CA-33
Newman, CA 95360

Attention: Jaime I Alvarado
Phone: (209) 427-5778

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

Ceres, CA 95307

Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “C”.

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

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

Termination by CONTRACTOR for Default of CITY
Should CITY default in the performance of this Agreement or materially breach any of its provisions, at his/its option CONTRACTOR may terminate this Agreement by giving written notice to CITY. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement ITEM 10

ATTACHMENT B

shall include but not be limited to any of the following: failure to pay CONTRACTOR as hereafter provided, willful destruction of CONTRACTOR'S property by CITY, dishonesty or theft.

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

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

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

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

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

If the Agreement is terminated pursuant to any of the subsections contained in this paragraph, CITY will pay CONTRACTOR an amount based on the ITEM 10

ATTACHMENT B

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

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

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

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

24. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this Agreement which vary from CONTRACTOR'S proposal are controlling and are deemed accepted by ITEM 10

ATTACHMENT B

CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

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

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

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

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

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

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

Should the CITY give written notice to the CONTRACTOR of any defects in the work of ITEM 10

ATTACHMENT B

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

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

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

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

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Stanislaus, State of ITEM 10

ATTACHMENT B

California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

ITEM 10

ATTACHMENT B

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

Dated , 2025 Dated , 2025
CITY OF CERES, a municipal corporation CONTRACTOR NAME By By
Douglas D. Dunford, City Manager Signature

Name, Title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

Fallon Martin, City Clerk

ITEM 10

ATTACHMENT B

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

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

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

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ATTACHMENT B

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 10

ATTACHMENT B

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified
ITEM 10

ATTACHMENT B

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

Subcontractors

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

ITEM 10

ATTACHMENT B

EXHIBIT A

2025 TREE PALNTING SERVICES

SCOPE OF WORK

1. Scope of Services
The selected contractor shall:
a) Provide Tree Planting Services
• Approximately 1,000 approved city trees shall be planted. • Nursery-grown trees are supplied under a separate contract and approved by the City of Ceres Approved Tree List.
• All City approved tree sizes as specified in the project’s planting schedule are minimum 15- gallon.
• The work to be done includes the furnishing of all labor, materials, tools, equipment, vehicles, and incidentals necessary to complete all the work provided for in the service agreement, and specifications for City of Ceres.
a) Tree Planting & Installation
• Excavate planting pits in accordance with City standards LS-1, LS-2 & LS-3. • Install trees with proper soil amendments, mulch, and staking. • Ensure correct spacing, orientation, and planting depth. • Backfill and water-in to eliminate air pockets.
• Adjust existing irrigation system as needed including installation of sprinklers, piping and fittings for a complete irrigation system.
a) Site Preparation & Clean-Up
• Prepare planting locations, including minor grading or soil conditioning if required. • Remove and legally dispose of all planting debris.
• Leave the site in clean, safe condition after work completion. a) Warranty & Establishment Period
• Provide a one-year warranty on all planted trees.
• Replace at contractor’s expense any tree that fails due to poor condition, planting technique, or negligence.

2. Contractor Qualifications
Proposers must demonstrate:
• Minimum of 3 years’ experience in tree planting and landscape installation for municipalities or similar projects. See attached form C.
• Valid California contractor’s license in Landscaping (C-27). • Capacity to provide equipment, labor, and supervision required to complete the work.

3. Proposal Requirements
Proposals must include:
f) Cover Letter introducing the firm and identifying the primary contact. f) Company Background including relevant project experience. f) Project Approach describing methods for tree handling, planting, and establishment. f) Staffing Plan identifying key personnel.

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ATTACHMENT B

f) References (minimum of 3 from similar projects) Use attached form C. f) Cost Proposal including unit pricing per tree (material + installation), warranty costs, and optional services. See Exhibit B, Bid list.

4. Evaluation Criteria
Proposals will be evaluated based on the following:
• Experience and qualifications (30%)
• Approach and methodology (25%)
• Cost competitiveness (25%)
• References and past performance (20%)

5. GENERAL CONDITIONS

• The City reserves the right to reject any or all proposals. • All costs incurred in proposal preparation are the responsibility of the proposer. • The selected consultant will be required to enter into a professional services agreement with the City.

ITEM 10

ATTACHMENT B

CONTRACTOR BID INFORMATION

THE UNDERSIGNED AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS BID, THAT THIS

BID HAS NOT BEEN PREPARED IN COLLUSION WITH ANY OTHER RESPONDENT, AND THAT THE CONTENT OF THIS BID HAS NOT BEEN COMMUNICATED TO ANY OTHER RESPONDENT.

CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

Name of Company:

Company Address:

Project and Location:

Fed Tax ID#:

City of Ceres Buss. License #:

W-9 (If this is first time doing business with the City of Ceres)

E-mail information or clarification in the form of
addenda was received?

Dept. of Industrial Relations (DIR) #
($25,00.00 and over) and address if different than above location:

Name of Project Manager :

Representative's E-mail:

Representative's Phone #:
$2,000,000 Certificate of Insurance:

City Council Approval Date
($25,000.00 and over)

Name/Title of Authorized Signer:

Authorized Signature

LANDSCAPE MAINTENANCE SERVICES

ITEM 10

ATTACHMENT B

SPECIFICATIONS

1:0 PLANTING

Each tree shall be planted per the following Tree Planting Specifications:

A. Dig the proper sized hole for your tree. Make vertical sides and install root barrier per City Standard (LS-1, LS-2 & LS-3) specifications. When transplanting the tree from a container, the hole shall be two-inch minimum larger than the container, and up to 2” deeper than the root ball. Make sure the root ball is planted level at ground level.

B. Carefully remove the container just before the tree is planted into the hole. Try to move the tree by the root ball instead of the trunk. Minimize the time the roots are exposed to the air. Roots circling around the outside of the root ball should be cut vertically in four or five places around the circumference. Roots matted on the root ball bottom should be cut off.

C. Set the root ball on undisturbed soil. Adjust the best side of the tree in the direction you want.

Make sure the top surface of the root ball is level at ground level grade. Lay your shovel handle or stick across the hole to see if the root ball is high or low.

D. Fill the hole in around the root ball with native soil you removed when digging the hole in step #1.

If the soil is filled with rocks, rake out the larger ones. Break up any clods and mix them with good top soil. Firm the soil around the root ball until the hole is 2/3 full.

E. Fill the remaining space with water. Finish filling the hole with soil, but do not tamp. No fill soil should be put on top of root ball.

F. Mound the remaining soil that is left into a water berm around the outside edge of the planting hole. Fill the basin around the hole with water to thoroughly wet and settle the soil.

G. Each tree shall be staked with two 6-foot (min.) lodge pole tree stakes on the windward side, and use two tree cinch ties, using a figure eight around lodge pole. The cinch ties shall be secured with a roofing nail onto the lodge pole. One cinch tie shall be placed just below the crown of the tree, and the other about half way down the tree, on opposite sides of each other.

H. An arbor tree guard shall be installed on each tree planted.

I. Three each agri-tablets (slow release) shall be placed around berm for fertilization of the tree.

J. All tree species planted will be furnished under separate contract.

K. When planting street trees, maintain a minimum separation of 10 feet from utilities wherever feasible. In no case shall a tree be planted closer than 5 feet to any utility. Tree planting locations shall be within the City right-of-way, parks, and residential neighborhoods. Final approved locations shall be determined by the City of Ceres Public Works Director and/or authorized designee.

L. Contractor shall adjust, modify, and/or extend the existing irrigation system as required for proper coverage and operation. Work shall include, but not be limited to, furnishing and installing new sprinkler heads, piping, fittings, and related components to provide a complete and fully functional irrigation ITEM 10

ATTACHMENT B

system.

M. Contractor is responsible for cleaning entire work area of any debris, soil, plastic containers and disposing of same.

1.1 DAMAGE RESPONSIBILITY:

Contractor is responsible for all damage to turf, trees, shrubs, ground cover or other landscaping items, such as irrigation systems and landscape structures, due to the Contractor’s negligence as determined by the city inspector. It shall be the financial responsibility of the Contractor, and shall be repaired by the Contractor at the Contractor’s expense, within a reasonable time as determined by the city inspector.

Damages not attributable to the Contractor’s negligence shall be the responsibility of the City. All damages caused by the Contractor to private property shall be the sole responsibility of the Contractor.

1.2 EQUIPMENT/VEHICLES:

Beginning on the effective date of the contract, the Contractor shall provide, at Contractor’s expense, all necessary equipment to perform all work required in the contract.

The Contractor shall, at all times, furnish and maintain equipment and vehicles necessary to perform all of the work under the contract. If the Contractor’s equipment or vehicles break down, the Contractor shall be responsible to complete the work within the time period of the contract. If the Contractor is unable to complete the work within that time period, the City shall deduct the applicable portions, pro-rata, from the payment to the Contractor. The Contractor shall not store any equipment, materials, or vehicles at the City’s Corporation Yard

1.3 MATERIALS AND EQUIPMENT:

Materials shall include, but are not limited to the following:

A. All necessary gas, oil and parts for all equipment and vehicles.

B. All necessary horticultural supplies and plant materials.

C. Supply all necessary irrigation materials.

D. All required licenses and certificates.

1.4 WORK SCHEDULE:

The Contractor shall schedule landscape maintenance on Monday through Friday, from the hours of 7:00 A.M. to 4:00 P.M., excluding all major holidays. Deviation from this schedule shall not be permitted without the written permission of the Technical Liaison or his designated representative.

From time to time, the City may conduct improvement projects, maintenance and repairs, or other construction, at sites described in this proposal. The Contractor shall cooperate with the City, or its agents, while said work is underway.

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ATTACHMENT B

1.5 WORKMANSHIP AND QUALITY:

All work shall be performed by experienced landscape and gardening professionals, directly employed and supervised by the Contractor. The Contractor shall provide management and technical supervision through a qualified and competent foreman, as required to implement modern methods and newly developed horticultural procedures.

The Contractor shall be responsible for the skills, methods and actions of all of its employees and for all of the work done by the Contractor’s personnel. The Contractor shall work directly with the City’s Technical Liaison regarding the quality of the work performed. The Contractor shall give personal supervision to the work performed and shall be available for consultation with the Technical Liaison or his designated representative.

1.6 REPORTING PROBLEMS:

The Contractor acknowledges that he and his employees will be perceived by the public as representatives of the City. As such, the Contractor and his employees shall make every effort to conduct them selves in a professional and attentive manner when dealing with the public. When a member of the public brings an issue to the Contractor that is not part of the Contractor’s formal responsibility, the Contractor shall inform the Technical Liaison of the issue in a timely manner, but no more than one working day.

1.7 REPORTING WORK:

The Contractor’s superintendent shall meet with the Technical Liaison at the end of tree planting, to review the Contractor’s performance of the contract, and to discuss any problems or matters as determined by the Technical Liaison.

1.8 CORRECTIVE WORK:

The Contractor shall perform the work described herein, to the satisfaction of the Technical Liaison, or his designated representative. The Technical Liaison or his designated representative, may make inspections of the work at any time, and request that the Contractor make corrections to any work that does not meet the standards stated in these Specifications. If corrective work is required, the City shall provide the Contractor with a written list of items that need correcting and the Contractor shall make the necessary corrections within forty-eight (48) working hours. If the corrections are not made, the City shall deduct those applicable portions, pro-rata, from the Contractor’s payment. Repeated failures to provide services at the standards stated in these specifications, or failure to respond to requests for corrective work, may result in the termination of the contract.

1.9 LOCATIONS:

Tree Planting Locations in city right-of-way, city parks and in residential neighborhood shall be determined by the Technical Liaison after bid award.

1.10 RECORDS:

The Contractor shall submit a report to the Technical Liaison of all approved “extra work” to be done per contract, listing the site description (address) and species of tree planted except for emergencies ITEM 10

ATTACHMENT B

acknowledged in writing by the Technical Liaison, payment for “extra work” shall not be authorized unless the Landscape Maintenance Supervisor, or Director of Public Works, first approves the additional work and costs with a change order.

1.11 EMERGENCY SERVICES:

The Contractor shall provide the city representatives with names, and telephone numbers of the Superintendent and two (2) qualified employees who have twenty-four (24) hour communication availability. City representatives may contact these employees when emergency maintenance conditions occur during hours when the Contractor’s normal work force is not present. If these contacts’ names and numbers change during the time period of this contract, then the Contractor shall immediately provide new contact information to the Technical Liaison.

1.12 CONTRACTOR’S EMPLOYEES:

The Contractor shall employ sufficient, properly trained personnel, to perform all of the work identified in the Scope of Work and these Specifications. This shall include C-27 Landscape Contractors license, and someone knowledgeable with irrigation systems.

The Contractor’s employees assigned to this contract shall be well groomed and dressed in a uniform that clearly identifies the employee’s name and company. The Contractor shall provide sufficient supervisory personnel that can represent the Contractor at all times.

The Contractor’s equipment shall also be easily identified as such.

1.13 CONTRACTOR’S UNSATISFACTORY EMPLOYEES:

If at any time the City determines that any person employed by the Contractor to provide maintenance services under the contract may require corrective action, the City shall notify the Contractor who shall take appropriate corrective action. The Contractor shall be solely responsible for the hiring, supervising, training, disciplinary actions and termination of its employees.

If any person employed by the Contractor fails to properly perform their work, is incompetent, or acts in a disorderly or improper manner, Contractor shall take appropriate disciplinary action including termination.

Failure of the Contractor to properly supervise and discipline its employees shall be grounds for termination of this contract.

1.14 CITY REPRESENTATIVE:

Work under this contract shall be performed under the general technical guidance and direction of the City of Ceres “Technical Liaison” Kenneth Vaughn, Landscape Maintenance Division Supervisor, (209) 538- 5784 or Rob Herrington Senior Maintenance Worker, (209) 538-5784. The Technical Liaison is not authorized to commit the City to changes in specifications, requirements, scope of work, or changes in pricing. Changes of a contractual or business nature shall be effected only by written change to the contract issued by the City of Ceres, Public Works Department representative, Sam Royal, Director of Public Works Department (209) 538-5732.

1.15 CITY’S STANDARD SPECIFICATIONS
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ATTACHMENT B

Bidders shall also comply with the CITY’S STANDARD SPECIFICATIONS. If a conflict exists between the current 2018 CITY’S STANDARD SPECIFICATIONS and the SPECIFICATIONS stated in these bid documents, the specifications stated in the bid documents shall control. 2018 CITY’S STANDARD SPECIFICATIONS is available for review on the city website:
www.ceres.gov/DocumentCenter/View/2214/Approved-2018-Standard-Specifications-and-Design.

ITEM 10

ATTACHMENT B

EXHIBIT B

2025 TREE PLANTING SERVICES

BID LIST

To the City Council of the City of Ceres, California:

The undersigned declares that he has carefully examined the location of the proposed work and the Scope of Services/Specifications, and being familiar with all the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all plant, labor, materials, tools, equipment, and incidentals, and to complete all the work in accordance with said Scope of Services/Specifications for the prices set forth in the following schedule:

ITEM 10
ITEM 10

ATTACHMENT C

City of Ceres

BID SUMMARY

JOB BID: Tree Planting
BID DATE: September 25, 2025
BIDS RECEIVED: Five Bidders Submitted Bids

COMPANY BID TOTAL

Westside Landscaping & Concrete, Inc. Total Bid: $174,598.00 West Coast Arborist, Inc. Total Bid: $224,000.00
Joe's Landscaping & Concrete Total Bid $650,000.00
Elite Landscaping & Concrete Total Bid: $660,000.00
CLS Cervantes Landscape Services Total Bid $750,000.00

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: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Joey Chavez, Recreation Manager
[email protected], (209) 538-5682
SUBJECT: Resolution No. 202 5-XXX, Approving an Agreem ent with West Coast Arborists, I nc. in the Amount of $217,000.00 for the Urban Forestry Management Plan and Authorizing the Cit y Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:

Staff recommends City Council award a service agreement to West Coast Arborists Inc, for the Urban Forestry Management Plan and authorizing the City Manager to execute the agreement.

I. BACKGROUND:

The proposed grant was presented to the Council on May 28, 2024, for application approval. On April 10, 2025, the City received an award from the State of California Department of Forestry and Fire Protection for $1,084,600.00 to plant 1,300 trees. These initiatives include planting of native trees and shrubs, installation of sustainable irrigation systems, and creation of green spaces for community enjoyment. The project will offer relief from the sun’s harsh rays, particularly during the hot summer months , thereby fostering a more inviting and comfortable environment for children and families to gather, play and engage in outdoor activities. Providing shade from trees not only promotes physical comfort but also encourages greater utilization of the park an d public spaces, facilities social interaction and supports the overall health and wellbeing of our community members.

II. REASONS FOR RECOMMENDATION:

The City issued a Request for Bids (RFB) for Urban Forestry Man agement Plan on September 8, 2025. Four bids were received on September 25, 2025, and evaluated for responsiveness and responsibility in accordance with the City’s procurement requirements. Based on this evaluation, West Coast Arborist, Inc. meet all specifications and qualifications with a bid of $217,000.00. A detailed bid tabulation, including line-item pricing, is provided in Attachment C.

ITEM 11
III. FISCAL IMPACTS:

On July 28, 2025, the City Council accepted the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.00. Staff recommends approving an agreement with West Cost Arborist Inc for a total of $217,000. The Finance Department has established Account No. 21040.029900 to track the expenses associated with this grant. No General Fund dollars will be used for the Urban Forestry Management Plan.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Livable Community: Ensure the City has plans and policies in place to attract and create desirable development, maintain, and improve neighborhoods and annex land to achieve a livable community and support a strong economy.

V. POLICY ALTERNATIVES:

The City Council may consider the following alternatives:

1. Approve the request as recommended by staff.

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

3. 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.

VI. INTERDEPARTMENTAL COORDINATION:

Interdepartmental coordination would be essential for the successful planning and implementation of the proposed City landscaping project. Given the multifaceted nature of the project, collaboration among Public Works Department parks division, and Finance Department to manage the allocation of gran d funds and track project expenditures to ensure accounting and compliance with funding requirements.

VII. PUBLIC PARTICIPATION:

N/A

VIII. ENVIRONMENTAL REVIEW:

N/A

IX. STEPS FOLLOWING APPROVAL:

Following City Council approval, the City Manager will execute the service contract with West Coast Arborists Inc.

Approved by: ______________________
Douglas D. Dunford,
City Manager
ITEM 11
Attachments:

1. Attachment A – Resolution

2. Attachment B – Agreement

3. Attachment C – Bid Summary

ITEM 11
ITEM 11

ATTACHMENT A
RESOLUTION NO. 2025-XXX

APPROVING AN AGREEMENT WITH WEST COAST ARBORISTS, INC. IN THE AMOUNT OF $217,000.00 FOR THE URBAN FORESTRY

MANAGEMENT PLAN AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, on July 28, 202 5, City Council accepted the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.00; and

WHEREAS, the City issued a Request for Bids (RFB) for an Urban Forestry Management Plan on September 8, 2025; and

WHEREAS, bids were received from four companies on September 25, 2025, and were evaluated based on the qualifications submitted by each firm given to experience, capacity and proposed approach; and

WHEREAS, West Cost Arborists Inc. received the highest evaluation score, demonstrating strong qualifications and extensive municipal experience for the For estry Management Plan total amount of $217,000.00; and

WHEREAS, the Finance Department has established Account No. 21040.029900 to track expenses associated with this grant and payments to West Cost Arborist Inc will made from this account

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve an agreement with West Co ast Arborists , Inc. in the amount of $217,000.00 for the Urban Forestry Management Plan and authorizes the City Manager to execute the agreement.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor

ATTEST:

_________________________________
Fallon Martin, City Clerk
ITEM 11
ITEM 11

ATTACHMENT B

AGREEMENT
FOR

PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into in the CITY of Ceres, State of California, this 8th day of December 2025, by and between the CITY OF CERES, a municipal corporation of the State of California, hereinafter referred to as "CITY", and “WEST COAST ARBORIST, INC.” hereinafter referred to as "CONTRACTOR".

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

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

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

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

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

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

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

7. TERM OF AGREEMENT
This Agreement shall be effective December 8, 2025, and will continue in effect until December 31, 2026, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

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

9. COMPENSATION
For the services rendered pursuant to this Agreement, the CONTRACTOR shall be paid as provided in Exhibit “B” with

Amount Not to Exceed $217,000.00

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

11. SCHEDULE OF PERFORMANCE
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ATTACHMENT B

CONTRACTOR shall begin to perform work required by the Scope of Services, Urban Maintenance Management Plan, immediately following receipt of a Notice to Proceed from the CITY. In addition to extensions granted under paragraph 12, when requested by the CONTRACTOR, other extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the City Project Manager, if the extension is determined, in the sole discretion of the City Project Manager, to be justified and reasonable. The City Project Manager decision shall be final.

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

13. OBLIGATIONS OF CONTRACTOR
Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONTRACTOR warrants that he has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide CITY with the contracted services contemplated by this Agreement. CONTRACTOR further warrants that he will reasonably follow the current, ITEM 11

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generally accepted, and professional practices and provide professional advice and recommendations regarding the performance of all work under this Agreement.

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

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

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

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

The City Project Manager shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

17. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the performance of this Agreement, for CITY or CONTRACTOR to modify the scope of work provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with CITY and the change and cost ITEM 11

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shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

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

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

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

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

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

If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, ITEM 11

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supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

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

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

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

FOR CONTRACTOR: Name: West Coast Arborist, Inc.

Address: 3625 E. Stevenson Avenue
Stockton, CA 95205

Attention: Tim Patterson, Area Manager
Phone: (209)810-8023

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

Ceres, CA 95307

Attention: Sam Royal
Phone: (209) 538-5717

20. INSURANCE REQUIREMENTS
Insurance shall be provided as specified in Exhibit “C”.

21. TERMINATION OF AGREEMENT
Termination on Occurrence of Stated Events
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ATTACHMENT B

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

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

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

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

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

Termination by CITY for Change of CONTRACTOR'S Tax Status If CITY determines that CONTRACTOR does not meet the requirements ITEM 11

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of federal and state tax laws for independent contractor status, CITY may terminate this Agreement by giving written notice to CONTRACTOR. The termination date shall be the effective date of the notice.

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

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

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

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

CONTRACTOR'S obligation to defend, indemnify, and hold CITY, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for CONTRACTOR to ITEM 11

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procure and maintain a policy of insurance.

23. RETENTION
CITY shall retain ten percent (10%) of the contract price until final completion and acceptance of the project. The CITY shall release the retention not later than sixty (60) days after the date of completion of the work of improvement as defined in Public Contract Code, Section 7107. In the event of a dispute between the CITY and the CONTRACTOR the CITY may withhold from the final payment an amount not to exceed 150 percent of the disputed amount.

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

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

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

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

CONTRACTOR agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date ITEM 11

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of final payment for CONTRACTOR services. CITY'S representative shall have the right to reproduce any of the aforesaid documents.

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

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

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

30. NONDISCRIMINATION
During the performance of this Contract, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing ITEM 11

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Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

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

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

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

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

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

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

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

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

Dated , 2025 Dated , 2025
CITY OF CERES, a municipal corporation CONTRACTOR NAME By By
Douglas D. Dunford, City Manager Signature

Patrick Mahoney, President
Name, Title

APPROVED AS TO FORM CONTRACTOR’S Federal ID#:

95-3250682
Nubia Goldstein, City Attorney

CONTRACTOR’S CA State License
ATTEST Board #:

366764
Fallon Martin, City Clerk

ITEM 11

ATTACHMENT B

EXHIBIT C

INSURANCE REQUIREMENTS FOR CONTRACTORS

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

Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

Minimum Limits of Insurance

Contractor shall maintain limits no less than:

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

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

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

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

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

SPECIFICATIONS FOR COMMON SITUATIONS

Deductibles and Self-Insured Retentions

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

Other Insurance Provisions

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days ITEM 11

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

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

Waiver of Subrogation

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

SPECIFICATIONS FOR COMMON SITUATIONS (continued)

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

Acceptability of Insurers

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

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

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

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

Verification of Coverage

Contractor shall furnish the entity with copies of original certificates and endorsements, including amendatory endorsements, effecting coverage required by this clause. The endorsements should be on forms provided by the entity or on other than the entity’s forms, provided those endorsements or policies confirm to the requirements. All certificates and endorsements are to be received and approved by the entity before work commences; however, failure to do so shall not operate a waiver of these insurance requirements. The entity reserves the right to require complete, certified ITEM 11

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

Subcontractors

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

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ATTACHMENT B

EXHIBIT B

2025 URBAN FORESTRY MANAGEMENT PLAN BID LIST

To the City Council of the City of Ceres, California:

The undersigned declares that he has carefully examined the proposed work and the Scope of Services/Specifications, and being familiar with all the conditions to complete all the work in accordance with said Scope of Services/Specifications for the prices set forth in the following schedule:

Item Appx.

Quantity
Unit Unit Price in Words Unit
Price
Amount
1 1 LS 2025 Urban Forestry
Management Plan

$217,000.00

$217,000.00

TOTAL:

$217,000.00

Signature: Patrick Mahoney, President
Date: 09/24/25

Company: West Coast Arborists, Inc.

3625 E. Stevenson Ave.

Stockton, CA 95205

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ATTACHMENT B

EXHIBIT A

2025 URBAN FORESTRY MANAGEMENT PLAN

SCOPE OF SERVICES

URBAN FOREST MASTER PLAN

The City of Ceres is soliciting proposals from qualified consultants with expertise in urban forestry, arboriculture, and municipal planning to prepare an 2025 Urban Forestry Management Plan. The purpose of this plan is to provide a comprehensive framework for the management, preservation, and expansion of the City’s urban forest to maximize community, environmental, and economic benefits.

The City of Ceres currently manages an estimated 9,455 street trees, park trees, and other public trees within its jurisdiction. The City last conducted a comprehensive urban forestry assessment in 2013. A new management plan is needed to:
• Establish a long-term vision for the City’s urban forest. • Develop strategies for planting, maintenance, and replacement of trees. • Ensure resilience against climate change, drought, and pests. • Provide a community-based framework for sustainable tree management. .

I. OBJECTIVES
The 2025 Urban Forestry Management Plan should:

1. Inventory & Assessment – Conduct a citywide assessment of existing tree canopy coverage, health, and species distribution.

2. Species & Planting Guidelines – Recommend an updated approved tree list, including species diversity standards and planting strategies for public spaces, right-of-way areas, and new developments.

3. Maintenance & Risk Management – Develop pruning cycles, tree risk assessment protocols, and emergency response procedures.

4. Sustainability & Resilience – Provide strategies to enhance drought-tolerant plantings, climate resilience, and pest/disease mitigation.

5. Community Engagement – Recommend outreach and educational strategies to encourage resident participation in tree stewardship.

6. Implementation Plan – Include phased short-term, mid-term, and long-term action steps with estimated costs, staffing, and resource needs.

7. Funding Opportunities – Identify potential grants, partnerships, and alternative funding mechanisms.

II. SCOPE OF SERVICES
The consultant’s responsibilities include, but are not limited to:
• Review existing City policies, tree ordinances, and relevant plans.

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• Conduct a tree canopy analysis using GIS, remote sensing, or other accepted methods. • Prepare a tree inventory (or update existing inventory) for City-owned trees. • Recommend an updated approved tree species list for City adoption. • Develop maintenance and replacement standards.
• Propose planting goals to achieve canopy coverage targets. • Provide draft and final plan documents, including maps, graphics, and implementation tools.
• Present findings to staff, City Council, and/or community workshops.

III. PROPOSAL REQUIREMENTS
Proposals must include the following:
• Cover Letter – Summary of the firm’s qualifications and interest. • Project Team – Names, roles, and relevant experience of proposed staff. • Experience – Examples of similar urban forestry or municipal plans prepared within the past five years.
• Approach & Methodology – Detailed description of how the consultant will complete the scope of work.
• Schedule – Proposed timeline for completion, including milestones. • Budget – Detailed cost proposal with breakdown by task and personnel. • References – Minimum of three (3) municipal or public agency references.

III. EVALUATION CRITERIA
Proposals will be evaluated on the following factors:
• Demonstrated understanding of urban forestry principles and municipal planning. • Relevant project experience and qualifications of key staff. • Quality and clarity of proposed methodology.
• Ability to meet project schedule.
• Cost effectiveness and value of services.
• References from similar projects.

IV. GENERAL CONDITIONS
• The City reserves the right to reject any or all proposals. • All costs incurred in proposal preparation are the responsibility of the proposer. • The selected consultant will be required to enter into a professional services agreement with the City

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ATTACHMENT B

CONTRACTOR BID INFORMATION

THE UNDERSIGNED AFFIRMS THAT IT IS DULY AUTHORIZED TO SUBMIT THIS BID, THAT THIS

BID HAS NOT BEEN PREPARED IN COLLUSION WITH ANY OTHER RESPONDENT, AND THAT THE CONTENT OF THIS BID HAS NOT BEEN COMMUNICATED TO ANY OTHER RESPONDENT.

CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.

Name of Company:

Company Address:

Project and Location:

Fed Tax ID#:

City of Ceres Buss. License #:

W-9 (If this is first time doing business with the City of Ceres)

E-mail information or clarification in the form of
addenda was received?

Dept. of Industrial Relations (DIR) #
($25,00.00 and over) and address if different than above location:

Name of Project Manager :

Representative's E-mail:

Representative's Phone #:
$2,000,000 Certificate of Insurance:

City Council Approval Date
($25,000.00 and over)

Name/Title of Authorized Signer:

Authorized Signature

ITEM 11
ITEM 11

ATTACHMENT C
City of Ceres

BID SUMMARY
JOB BID: Urban Forestry Management Plan
BID DATE: September 25, 2025
BIDS RECEIVED: Four Bidders Submitted Bids

COMPANY BID TOTAL
West Coast Arborists, Inc. Total Bid: $217,000.00
American Tree Medics INC. Disqualified
Dudek Total Bid $217,012.00
Davey Total Bid: $223,803,.00
ITEM 11
ITEM 11

COUNCIL AGENDA REPORT

CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist.1
Rosalinda L. Vierra, Dist. 2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
MEETING DATE: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Doug Dunford, City Manager
[email protected], (209) 358-5751
SUBJECT:

Resolution 2025-XXX, Approving a Fiscal Year 2025 -2026 Budget Amendment to Appropriate Funds for the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the Amount of $1,084,600
RECOMMENDED COUNCIL ACTION:

Staff recommends t he City Council adopt a resolution approving a budget amendment to appropriate funds for the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the Amount of $1,084,600.

I. BACKGROUND:

During the City Council meeting on May 28, 2024, the City Council adopted a resolution approving the application for the Urban and Community Forestry Grant Program of the California Department of Forestry and Fire Protection (“Cal Fire Urban Forestry Grant”).

During the City Council meeting on July 28, 2025, the City Council adopted a resolution accepting the Cal Fire Urban Forestry Grant award in the amount of One Million Eighty- Four Thousand Six Hundred Dollars, ($1,084,600.00)
The proposed resolution, attached as Attachment A, will enable the City to utilize the Cal Fire Urban Forestry Grant funds to finance the project for the planting of thirteen hundred (1,300) trees throughout the City of Ceres (“City”) during the three (3) year Cal Fire Urban Forestry Grant cycle. The proposed resolution also allows a budget amendment and the appropriation of funding from the Cal Fire Urban Forestry Grant.

II. REASONS FOR RECOMMENDATION:

The appropriation will ensure that the funding is available for the three (3) year grant cycle for the planting of thirteen hundred (1300) trees throughout the city.

ITEM 12
III. FISCAL IMPACTS:

Staff recommend approving a budget amendment in the amount of $1,084,600. The Finance Department has established Account Number 21040.005646 to record and track the grant revenue. Staff further recommends appropriating the grant funds as follows:
• Account Number 21040.029900 for a total of $ 512,817.21 for grant management and master plan service agreement
• Account Number 21040.031900 for a total of $436,487.65 for the purchase of the trees
• Account Number 21040.039900 for a total of $ 76,500.79 or tree planting materials • Account Number 21040.01* for a total of $58,794.35 for staff support for the grant activities.

This action fully allocates $1,084,600 in grant funds. No General Fund dollars are required.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could deny the appropriation and eliminate the grant and the planting of 1300 trees.

Council could direct staff to find a different grant to try and achieve the same result through different means.

Council could deny the grant and stop the project.

VI. INTERDEPARTMENTAL COORDINATION:

Staff coordinated with the recreation department, Public Works Parks Division, police department as well as administration.

VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval and contract acceptance , staff will move forward with obtaining the necessary signatures for the contracts . The Acting Finance Director will appropriate the funds as noted in the Budget Amendment

ITEM 12

Approved by: _____________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment
ITEM 12
ITEM 12

ATTACHMENT A
RESOLUTION NO. 2025-XXX
APPROVING A FISCAL YEAR 2025-2026 BUDGET AMENDMENT TO

APPROPRIATE FUNDS FOR THE URBAN AND COMMUNITY

FORESTRY GRANT FROM THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION IN THE AMOUNT OF $1,084,600 The City Council
City of Ceres
WHEREAS, the City of Ceres City Council adopted a resolution authorizing staff to apply for the Urban and Community Forestry Grant Program on May 8, 2024; and WHEREAS, the Urban and Community Forestry Grant Program awarded a grant to the City in the amount of One Million Eighty -Four Thousand Six Hundred Dollars ($1,084,600), and to the Ceres City Council accepted the grant by resolution on July 28, 2025; and
WHEREAS, the City plans to use the Urban and Community Forestry Grant Program award for the planting of thirteen hundred (1,300) trees throughout the City (the “Project”); and
WHEREAS, by accepting a budget amendment and approving appropriations, the City Council will enable the utilization of Urban and Community Forestry Grant funds to finance the Project; and
WHEREAS, the appropriation will ensure funding is available for the three-year grant cycle of planting 1,300 trees throughout the city.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a fiscal year 2025-2026 budget amendment to appropriate funds for the Urban and Community Forestry Grant from the California Department of Forestry and Fire Protection in the amount of $1,084,600.

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

PASSED AND ADOPTED this 8th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:
_________________________________
Javier Lopez, Mayor
ATTEST:
_____________________________________
Fallon Martin, City Clerk
ITEM 12
ITEM 12
Budget Amendment No.

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

Appropriations:

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

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

ATTACHMENT B
ITEM 12
ITEM 12

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: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT:

Trenton Johnson, Police Chief
[email protected], (209) 538-5726
Travis Hudson, Lieutenant
[email protected], (209) 538-5607
SUBJECT:

Resolution No. 202 5-XXX, Authorizing Staff to Submit an Application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to Reimburse up to Fifty Percent (50%) of the Purchase Cost of Ballistic Vests for the Police Department
RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council authorize Staff to submit an application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department.

I. BACKGROUND:

The Federal Bureau of Justice Assistance provides the Bulletproof Vest Partnership (BVP) grant program to assist law enforcement agencies in purchasing ballistic vests for their Officers. Through this program, smaller jurisdictions – those with populations under 100,000 – may receive up to fifty percent (50%) reimbursement for vests.

II. REASONS FOR RECOMMENDATION:

During fiscal year 202 5-26 the Police Department will need to replace vests that will be expiring and purchase vests for new officers. It is estimated that a total of fifteen (15) vests will need to be purchased during this award period . The cost for each vest is between $1,400.00 and $1,600.00. These grant funds will be used to offset Measure H Fund costs for vests approved in this year’s budget.

ITEM 13
The grant application period began on October 20, 2025 and will close on December 19, 2025. The city’s grant writer will be responsible for submitting the application during this time frame.

III. FISCAL IMPACTS:

Receipt of this Grant will be used to offset Measure H expenditures for vests during FY 2025-26, which is estimated to be $ 25,000.00. The City could potentially receive $12,500.00 from this Grant.

IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:

N/A
V. POLICY ALTERNATIVES:

Council could choose to not approve the application for this Grant. Staff would continue to purchase the vests for Officers, but there would be no offset for these expenditures.

This would cost the City up to $12,500.00 of reimbursed grant money.

VI. INTERDEPARTMENTAL COORDINATION:

N/A
VII. PUBLIC PARTICIPATION:

N/A
VIII. ENVIRONMENTAL REVIEW:

N/A
IX. STEPS FOLLOWING APPROVAL:

Upon being awarded the grant, Staff will bring a second staff report before Council to approve the acceptance of the grant.

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

1. Attachment A – Resolution

2. Attachment B – Vest Grant Application Bulletin
ITEM 13

ATTACHMENT A
RESOLUTION NO. 2025-XXX

AUTHORIZING STAFF TO SUBMIT AN APPLICATION TO THE

BUREAU OF JUSTICE ASSISTANCE FOR THE PATRICK LEAHY

BULLETPROOF VEST PARTNERSHIP GRANT TO REIMBURSE UP TO
FIFTY PERCENT (50%) OF THE PURCHASE COST OF BALLISTIC

VESTS FOR THE POLICE DEPARTMENT

THE CITY COUNCIL
City of Ceres

WHEREAS, the Bulletproof Vest Grant Acts of 1998 and 2000 assist law enforcement units in obtaining funds to purchase ballistic and stab vests for their officers; and

WHEREAS, jurisdictions with populations under 100,000 have priority to receive up to fifty percent (50%) of requested funds; and

WHEREAS, the City has applied for and received funding from the program for several years; and

WHEREAS, the Police Department has a regular need for replacement vests each fiscal year.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize Staff to submit an application to the Bureau of Justice Assistance for the Patrick Leahy Bulletproof Vest Partnership Grant to reimburse up to fifty percent (50%) of the purchase cost of ballistic vests for the Police Department.

PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 8th day of December 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

ATTACHMENT B
Dear BVP Participant:

The Office of Justice Programs’ Bureau of Justice Assistance is opening the Fiscal Year (FY) 2025 Bulletproof Vest Partnership (BVP) Program application period today, Monday, October 20, 2025. All applications must be submitted online at Bulletproof Vest Partnership: Login (usdoj.gov) by 6:00 pm Eastern Time on Friday, December 19, 2025.

The purpose of the BVP Program is to reimburse states, units of local government, and federally recognized Indian tribes, i.e., jurisdictions, for up to 50 percent of the cost of body armor vests purchased for law enforcement officers. Please see the BVP Fact Sheet for detailed information on the BVP Program. In addition, detailed guides and training materials for the BVP application process and the payment request process can be found at BVP Program Resources. For other questions about the BVP program please see the updated BVP Frequently Asked Questions (FAQs).

FY 2025 BVP Program and Application Requirement Highlights • Eligibility: States, units of local government, and federally recognized Indian tribes, i.e., jurisdictions that employ eligible law enforcement officers are eligible to apply for BVP funds. Multiple law enforcement agencies (LEAs) within the same jurisdiction must submit their own application information and vest needs to the jurisdiction. The jurisdiction will then submit the LEA applications in one submission to BJA. This includes colleges and universities. All public colleges and universities are considered LEAs under their respective jurisdiction. • System for Award Management (SAM) Registration Requirement: An active registration in SAM is required to receive funds. Jurisdictions not registered with SAM are strongly encouraged to access the SAM website at SAM.gov as soon as possible in order to obtain information on and complete the online SAM registration process. Applicants should ensure that current bank routing and bank account information is included in the SAM.gov profile, as the banking information in the SAM at the time of application will be used to transfer reimbursement funds to your jurisdiction. For more information about renewing and updating your existing SAM registration, or registering in SAM as a new entity, please access the SAM support materials here SAM Help. The SAM Helpdesk can be reached at (866) 606-8220.
• DIAMD Registration Requirement: The first step to obtain access to the BVP system is onboarding to OJP’s Digital Identity and Access Management Directory (DIAMD). DIAMD is a single-sign-on gateway service with multi-factor authentication. If you are an OJP grant program applicant or recipient, you may already have an account registration with DIAMD, and your BVP user account will be added to the OJP systems you access through DIAMD. Please see the BVP login page for details:
https://vests.bja.ojp.gov/bvp/login/externalAccess.jsp. Detailed instructions can be found in the User Account Activation Guide.
• Body Armor Vest Requirements: Body armor vests purchased with BVP funds must have been tested through the National Institute of Justice (NIJ) Compliance Testing Program (CTP) and found to comply with the most current NIJ body armor standards, appear on the NIJ Compliant Products List as of the date the body armor was ordered, be uniquely fitted, and be made in the United States. NIJ has started adding vests to the compliant products list for the new 0101.07 Standard. FY 2025 BVP funds may be used for the purchase of eligible vests listed on the 101.06 Standard and the 0101.07 ITEM 13

ATTACHMENT B

Standard. In addition, applicants must have a written mandatory wear policy for uniformed patrol officers in place at the time of application. Detailed information on the mandatory wear requirement can be found in the Mandatory Wear FAQs.
• Items to Review: To ensure that program participants are submitting applications that accurately reflect their vest needs for the next two years, please review the program guidance below. Prior to submitting an application for FY 2025 BVP funds:
o Verify that the number of vests indicated on the application does not exceed actual agency needs. Review all currently deployed vests for those that will need to be replaced during the next two years, according to the replacement cycle indicated on your BVP system profile.

Applications for funds should reflect the number of vests your agency needs to replace within the next two years, and vests for officers your agency anticipates hiring in the next two years. (New hires can be anticipated based on the average number of officers hired over the most recent three years.)
o Ensure that the application accurately reflects the current market cost for the vests identified on the application.
o Review previous year(s) BVP funding to identify any unspent funds that might currently be available for BVP needs.

Your careful attention to actual vest needs will help ensure that all eligible jurisdictions submitting requests will receive the maximum award allowable based on available funding and distribution guidelines.

For questions regarding this email or for assistance with the online application process, please contact the BVP Help Desk at 1-877-758-3787, or email [email protected].

In addition, please visit BJA’s Officer Robert Wilson III Preventing Violence Against Law Enforcement Officers and Ensuring Officer Resilience and Survivability (VALOR) Initiative website to obtain other information regarding officer safety: VALOR Officer Safety and Wellness Initiative.

The VALOR Initiative is a comprehensive set of programs that deliver no-cost officer safety, wellness, resilience training, resources, and technical assistance to law enforcement throughout the country. VALOR brings together the latest research and practices to address current and emerging officer safety and wellness issues/threats. Please see the BJA VALOR Initiative booklet for a detailed synopsis of this important initiative.

Sincerely,
BVP Program Team
Bureau of Justice Assistance
Office of Justice Programs
U.S. Department of Justice

ITEM 13

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: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Trenton Johnson, Chief of Police
[email protected], (209) 538-5725
SUBJECT: Resolution No. 2025-XXX, Accepting the State of California Office of Traffic Safety Special Traffic Enforcement Program (STEP) Grant and approving a Budget Amendment to Appropriate the Funds for Fiscal Year 2025-26
RECOMMENDED COUNCIL ACTION:

Staff recommends Council approve the acceptance of the State of California Office of Traffic Safety Special Traffic Enforcement Program (STEP) Grant and Fiscal Year 2025 -26 Budget Amendment to appropriate the funds.

I. BACKGROUND:

On February 10, 2025, the City Council authorized an application to the State of California Office of Traffic and Safety for funding of equipment and personnel overtime costs (including the cost of benefits) associated with the department organizing and manning DUI enforcement operations, participating in distracted driving patrols and community education, night-time click-it or ticket patrols and enforcing traffic violations.

The awarded Grant money will provide funding for Traffic Enforcement items associated with DUI Checkpoints. It will also provide up to 80, 8-hour shifts of overtime (including the cost of benefits) to be used for DUI checkpoints, saturation patrols, selective traffic enforcement, distracted driving patrols, night-time click-it or ticket patrols and community education
II. REASONS FOR RECOMMENDATION:

Having funding for overtime will enable our officers to spend more time in the community for the purpose of prevention, enforcement, and education in Traffic Safety.

ITEM 14
III. FISCAL IMPACTS:

Ceres Police Department has been awarded $5 5,048.00 to pay for overtime expenses (including the cost of benefits) incurred during DUI checkpoints, saturation patrols, selective enforcement, distracted driving patrols, and night-time click it or ticket patrols.

An additional $2, 029.00 has been awarded for any in -state travel expenses and $2,923.00 has been awarded to DUI checkpoint supplies. A total of $60,000.00 has been awarded (refer to Attachment B, page 8).

This is a reimbursement Grant and will require the Police Department to pay for the supplies, travel expenses and overtime up -front. Attached Budget Amendment (Attachment B) represents the appropriation and revenue.

Staff will be responsible for submitting the paperwork to request repayment of the incurred expenditures.

The supplies purchased by the grant will become the property of the City of Ceres and the overtime for officers will be covered 100% for the life of the grant, which is one year.

IV. EXISTING POLICY / RELATIONSHIP TO STRATEGIC PLAN:

Approval of this grant application fulfills the strategic plan for Government Operations:
“Provide quality services to meet community needs, assuring that the City has…well trained and properly equipped…staff.”
V. POLICY ALTERNATIVES:

Council could choose to not approve the acceptance of this Grant funding. If not approved, additional traffic checkpoints, patrols, enforcements and community education would not be feasible.

VI. INTERDEPARTMENTAL COORDINATION

N/A

VII. PUBLIC PARTICIPATION

N/A

VIII. ENVIRONMENTAL REVIEW

N/A
IX. STEPS FOLLOWING APPROVAL:

Following Council approval, Ceres Police personnel will move forward with completing the programs specified in the Grant application. The Finance Director will appropriate the funds as noted in the Budget Amendment.

ITEM 14

Approved by: ______________________
Douglas D. Dunford,
City Manager

Attachments:

1. Attachment A – Resolution

2. Attachment B – Budget Amendment

3. Attachment C – STEP Grant Agreement
ITEM 14
ITEM 14

ATTACHMENT A
RESOLUTION NO. 2025-XXX

ACCEPTING THE STATE OF CALIFORNIA OFFICE OF TRAFFIC AND

SAFETY SPECIAL TRAFFIC ENFORCEMENT PROGRAM (STEP)

GRANT AND APPROVING A BUDGET AMENDMENT TO
APPROPRIATE THE FUNDS FOR FISCAL YEAR 2025-26

The City Council
City of Ceres

WHEREAS, the Special Traffic Enforcement Program (STEP) Grant will assist law enforcement units in obtaining funds to pay for overtime cost s associated with DUI checkpoints, saturation patrols, and selective traffic enforcement; and

WHEREAS, this overtime will allow our Officers to spend more time in the Community for the purpose of prevention , enforcement, and education in traffic safety; and

WHEREAS, the Grant award of $ 60,000.00 for overtime costs , travel expenses and DUI checkpoint supplies is funding that the Police Department could not cover at this time; and

WHEREAS, there is no additional fiscal impact to the City of Ceres.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ceres does hereby accept the State of California Office of Traffic and Safety Special Traffic Enforcement Program (STEP) grant and approves a budget amendment to appropriate the funds for fiscal year 2025-26.

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

PASSED AND ADOPTED this 8th day of December 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

________________________________
Javier Lopez, Mayor
ATTEST:

_____________________________________
Fallon Martin, City Clerk
ITEM 14
ITEM 14
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 14
ITEM 14
9/12/2025 11:06:55 AM Page 1 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26015

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Ceres From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Ceres Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $60,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Bryan Ferreira
Police Traffic Sergeant
[email protected]
209-538-5699
2727 3rd St.

Ceres, CA 95307
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Trenton Johnson
Chief of Police
[email protected]
209-538-5726
2727 3rd Street
Ceres, CA 95307
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Sonia Ledezma
Deputy Finance Director
[email protected]
209-538-5770
2220 Magnolia Street
Ceres, CA 95307
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)

ATTACHMENT C
ITEM 14
9/12/2025 11:06:55 AM Page 2 of 19

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $3,500.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $21,500.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $35,000.00

AGREEMENT
TOTAL $60,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$60,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $60,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

SR2CBKJTJLN3
2220 Magnolia Street
Ceres, California
95307-3216
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

ATTACHMENT C
ITEM 14
9/12/2025 11:06:55 AM Page 3 of 19
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26015

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

As of the year 2023, the City of Ceres has a population of 48,397 and covers approximately eight square miles. Ceres is part of the Modesto metropolitan statistical area, and is located in the San Joaquin Valley along State Route 99, south of Modesto and north of Turlock in Stanislaus County. The City of Ceres has four main thoroughfares leading from one city to another, and there are seven entrances/exits from State Route 99 into the city, causing a consistently substantial amount of vehicular traffic at all times of the day and night. All the fatal crashes in Ceres occurred on one of the four main thoroughfares. The City of Ceres is also a popular weekend and night destination with a thriving downtown area containing multiple bars within one block of one another. Additionally, the City of Ceres has multiple breweries within the city limits.

California State University- Stanislaus is only a short eight miles from the City of Ceres. With CSU Stanislaus being in close proximity, officers are frequently faced with crowded bars and restaurants.

Evenings and weekends result in an increased populace at local bars, restaurants, and breweries. DUI enforcement has never been so important within the City of Ceres.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The City of Ceres faces a continually increasing number of traffic complaints for some of the most dangerous driving behaviors to include speeding, stop sign, and school violations. The number of traffic crashes in the City of Ceres have grossly surpassed that of the year 2023. In 2023, there were 715 crashes and in 2024 there were 797 crashes, which is a 11% increase. Of the 715 crashes in 2023, 209 were injury crashes and of the 797 crashes in 2024, 244 of them were injury crashes. Injury crashes increased by 15%. However; the number of DUI arrests and DUI involved traffic crashes have decreased from 2023 to 2024. In the year 2023, the Ceres Police Department made 139 DUI arrests, and in 2024 the Ceres Police Department has made 122 DUI arrests, which is a 13% decrease in DUI arrests. Alcohol-related injury crashes also decreased by 77% from 18 in 2023, to 8 in 2024. The City of Ceres saw a decrease in the number of fatal crashes and fatalities. In 2023, there was 5 fatal crashes resulting in 6 fatalities. In 2024 there were 4 fatal crashes, with 4 fatalities which is a 22% decrease in fatal car crashes and a 40% decrease in total fatalities. This still grossly surpasses the year 2022 with one single fatality and fatality crash.

The City of Ceres intends to utilize all enforcement and education efforts to help reduce future crashes. One of the fatal crashes in 2023 was a DUI fatal crash. The number of crashes that occurred during nighttime hours (2100-0259) in 2023 was 102, while the number of crashes that occurred during the same timeframe in 2024 was 119, which was a 15% increase. Speed remains the top primary crash factor for crashes. In 2023, there were 132 crashes with unsafe speed determined to be the primary crash factor. In 2024, these numbers increased by 19% with 160 crashes with unsafe speed being the primary crash factor. By reducing a driver’s speed, it would also reduce other types of crash factors since drivers would obtain additional stopping distances and additional time to react to hazards, thus avoiding crashes.

The Ceres Police Department will stagger days and times that the traffic unit is out on patrol to maximize the effectiveness of enforcement around the city. The city of Ceres has multiple main thoroughfares throughout the city which has a high amount of traffic throughout the city.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The target population this grant intends to serve includes all the visitors and residents of the City of Ceres.

As of the year 2023, the City of Ceres has a population of 48,397 and covers approximately eight square miles.

2. PERFORMANCE MEASURES
A. Goals:

ATTACHMENT C
ITEM 14
9/12/2025 11:06:55 AM Page 4 of 19

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 6 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 8. Conduct DUI Saturation Patrol operation(s). 8

9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
11 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
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11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative DUI Enforcement operations. 1

14. Participate in highly visible collaborative Traffic Enforcement operations. 1

15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.  Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
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highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary

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of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26015

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405e DDL-26 20.616 Distracted Driving Laws $3,500.00
402PT-26 20.600 State and Community Highway
Safety
$21,500.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$35,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $5,700.00 2 $11,400.00
DUI Saturation Patrols 164AL-26 $1,950.00 8 $15,600.00
Collaborative DUI Enforcement 164AL-26 $1,500.00 1 $1,500.00 Benefits for 164AL @ 12.55% 164AL-26 $28,500.00 1 $3,577.00 Traffic Enforcement 402PT-26 $1,200.00 11 $13,200.00
Pedestrian and Bicycle Enforcement 402PT-26 $1,000.00 2 $2,000.00 Traffic Safety Educational Presentations 402PT-26 $500.00 2 $1,000.00 Collaborative Traffic Enforcement 402PT-26 $1,100.00 1 $1,100.00 Benefits for 402PT @ 12.55% 402PT-26 $17,300.00 1 $2,171.00 Distracted Driving Enforcement 405e DDL-
26 $1,555.00 2 $3,110.00
Benefits for 405e @ 12.55% 405e DDL-
26 $3,110.00 1 $390.00
Category Sub-Total $55,048.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $2,029.00 1 $2,029.00
$0.00
Category Sub-Total $2,029.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $2,923.00 1 $2,923.00
Category Sub-Total $2,923.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00

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GRANT TOTAL $60,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26015

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL @ 12.55% - Benefits Breakdown (12.55%):

Workers Comp-4.9%
Medicare-1.45%
Social Security-6.2%
Claimed amounts must reflect actual benefit cost for overtime hours charged to the grant.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Benefits for 402PT @ 12.55% - Benefits Breakdown (12.55%):

Workers Comp-4.9%
Medicare-1.45%
Social Security-6.2%
Claimed amounts must reflect actual benefit cost for overtime hours charged to the grant.

Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 405e @ 12.55% - Benefits Breakdown (12.55%):

Workers Comp-4.9%
Medicare-1.45%
Social Security-6.2%
Claimed amounts must reflect actual benefit cost for overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include The OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

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INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT26015

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the

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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or

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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and

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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of

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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS

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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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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: December 8, 2025
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT:

Trenton Johnson, Chief of Police
[email protected], (209) 538-5726
David McCann, CSO
[email protected], (209) 538-5700, ext. 1010
SUBJECT:

Ordinance 2025-XXXX, An Ordinance of the City Council of the City of Ceres Adding Section 10.05.000 - Definitions, Amending Section

10.05.020 - Regulations for Bicycle Operation, Adding Section

10.05.120 - Organized, Planned or Street Take Over, and Adding Section 10.05.130 - Penalties, of the Ceres Municipal Code RECOMMENDED COUNCIL ACTION:

Staff recommends the City Council waive the second reading and adopt Ordinance No. 2025- XXXX, reading by title only, waiving further reading, an Ordinance of the City Council of the City of Ceres adding Section 10.05.000 - Definitions, Amending Section 10.05.020 - Regulations for Bicycle Operation, Adding Section 10.05.1 20 - Organized, Planned or Street Take Over, and Adding Section 10.05.130 - Penalties, of the Ceres Municipal Code.