ATTACHMENT C
ITEM 14
General Services Agreement between
CITY OF CERES and WEST COAST ARBORISTS, INC.Page 10 of 15
EXHIBIT B
PERFORMANCE BOND
[ATTACH PERFORMANCE BOND]
ATTACHMENT C
ITEM 14
General Services Agreement between
CITY OF CERES and WEST COAST ARBORISTS, INC.Page 11 of 15
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Ceres (hereinafter referred to as “City”) has awarded to West Coast Arborists, Inc, (hereinafter referred to as the “Contractor”) an agreement for George Costa Fields Tree Removal (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 9 February 2026, (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, West Coast Arborists , 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 FIFTYSEVEN THOUSAND SIXTY DOLLARS, ($57,060.00), 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.
ATTACHMENT C
ITEM 14
General Services Agreement between
CITY OF CERES and WEST COAST ARBORISTS, INC.Page 12 of 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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
ATTACHMENT C
ITEM 14
General Services Agreement between
CITY OF CERES and WEST COAST ARBORISTS, INC.Page 13 of 15
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
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 14
General Services Agreement between
CITY OF CERES and WEST COAST ARBORISTS, INC.Page 14 of 15
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
ATTACHMENT C
ITEM 14
General Services Agreement between
CITY OF CERES and WEST COAST ARBORISTS, INC.Page 15 of 15
[LEFT BLANK TO BE REPLACED BY POWER OF ATTORNEY SHEET]
ATTACHMENT C
ITEM 14
ITEM 14
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: February 9, 2026
TO: Mayor and City Council
FROM: Douglas Dunford, City Manager
CONTACT: Julian Aguirre, Economic Development Manager
[email protected], (209) 538-5773
SUBJECT:
Resolution No. 2026-XXX, Approving an Agreement with NorthStar Engineering Group, Inc. for an Amount Not to Exceed $49,000.00 to Provide Project Planning Management Services, Approving a Budget Amendment, and Authorizing the City Manager to Execute the Agreement
RECOMMENDED COUNCIL ACTION:
Staff recommends Council adopt a resolution approving an agreement with NorthStar Engineering Group Inc. for Project Planning Management Services in an amount not to exceed Forty Nine Thousand Dollars ($49,000.00), approve a corresponding budget amendment and authorize the City Manager to execute the agreement with North Star Engineering Group, Inc.
I. BACKGROUND:
The City of Ceres has been without a Community Development Director since February 2025, creating a gap within the Community Development Department. Orth Star Engineering has been assisting with the City Development Department since March 2025.
North Star’s prior agreement with the City expired on December 31, 2025. To ensure continuity of operations and compliance with state mandated timelines, staff is requesting continued consultant support.
The Community Development Department needs the additional support of a consultant to implement the programs of the Housing Element in a timely manner , to adhere the project deadlines, and to focus on several projects currently in review that need to be moved through the entitlement process.
II. REASONS FOR RECOMMENDATION:
NorthStar will provide critical project management and planning support, particularly for time-sensitive initiatives such as Housing Element implementation, the Downtown Specific Plan residential infill, and several current development projects. ( e.g.: including ITEM 15
Copper Trails, Maverik, and West Landing build out) . NorthStar will concentrate on projects they have already been working on . Additionally, North Star’s continued assistance will prevent the City from having to extend timelines drastically, which would likely be required if someone else besides North Star stepped in to assist the Community Development Department.
III. FISCAL IMPACTS:
Staff recommends approving the contract with NorthStar Engineering Group Inc. effective February 9, 2026, and continuing through March 31, 2027 , in an amount not to exceed forty-nine thousand dollars ($49,000). This contract will require a budget amendment of eighteen thousand two hundred forty -seven dollars ($18,247.00) to increase appropriations to 10075.0 29900 from General Fund Reserves. Thirty thousand seven hundred fifty-three dollars ($30,753.00) has been allocated from the Regional Early Action Planning Grants (REAP 2.0) funding to offset the contract amount forth nine thousand dollars ($49,000.00).
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
N/A.
V. POLICY ALTERNATIVES:
Council can choose not to approve the agreement with North Star which will burden the Community Development Department, and delay projects and have a significant impact on implementation of the REAP 2.0 project.
VI. INTERDEPARTMENTAL COORDINATION:
Staff worked with the Community Development Department and Finance Department for coordination of this report
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
Upon approval by the City Council, the City Manager will execute the contract with NorthStar Engineering, Inc.
Approved by: ____________________
Douglas D. Dunford
City Manager
ITEM 15
Attachments:
1. Attachment A – Resolution
2. Attachment B – NorthStar Agreement
3. Attachment C – Budget Amendment
ITEM 15
ITEM 15
ATTACHMENT A
RESOLUTION NO. 2026-XXX
APPROVING AN AGREEMENT WITH NORTHSTAR ENGINEERING
GROUP, INC. FOR AN AMOUNT NOT TO EXCEED $49,000.00 TO
PROVIDE PROJECT PLANNING MANAGEMENT SERVICES, APPROVING
A BUDGET AMENDMENT, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the Community Development Director position has been vacant since February 2025, and
WHEREAS, North Star Engineering, Inc., (North Star) has been providing project planning management services to the City while Community Development D irector position remains vacant: and
WHEREAS, The City’s prior agreement with NorthStar expired o n December 31, 2025; and
Whereas, North Star will consult and assist in the implementation of the 6th Cycle Housing Element and provide and support the Community Development Department; and WHEREAS, the contract in the amount of forty nine thousand dollars ($49,000.00) will be partially covered with REAP 2.0 funds in the amount of thirty thousand seven hundred fifty three dollars ($30,753.00) and a budget amendment in the amount of eighteen thousand two hundred forty seven dollars ($18,247.00) to 10075.029900 from the General Fund Reserves.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves an agreement with NorthStar Engineering Group, Inc. for an amount not to exceed $49,000.00 to provide project planning management services , approves a budget amendment, and authorizes the City Manager to execute the agreement.
BE IT FURTHER RESOLVED, the City of Ceres Finance Director is hereby authorized and directed to record the appropriate accounting entries.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of February 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________________
Javier Lopez, Mayor
ATTEST:
Fallon Martin, City Clerk
ITEM 15
ITEM 15
28859.00009\33887366.1
ATTACHMENT B
1 CITY OF CERES
AGREEMENT FOR PROJECT PLANNING MANAGEMENT SERVICES
1. PARTIES AND DATE.
This Agreement for Project Planning Management Services (“Agreement”) is made and entered into this 9th day of February 2026, by and between the City of Ceres ("City") and NorthStar Engineering, Inc. , a n Incorporation, with its principal place of business at 620 12 th Street, Modesto, CA. 95354 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain Planning Services required by City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing Planning and Engineering Services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such services for the various projects that have a short timeline to completion, (ie: Housing Element requirements, Maverik, Copper Trails Annexation) project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services . Contractor promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the services and advice on various issues affecting the decisions of City regarding the Project and on other programs and matters affecting City ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from the date first specified above to March 31, 202 7, unless earlier terminated as provided herein. City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one -year terms.] Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
ITEM 15
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ATTACHMENT B
2 3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee of City. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services . Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit " A" attached hereto and incorporated herein by reference.
Contractor represents that it has the skilled personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence and experience upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Contractor at the request of City. The key personnel for performance of this Agreement are as follows: Lea Simvoulakis.
3.2.5 City's Representative . City hereby designates Doug Dunford, City Manager and Julian Aguirre, Economic Development Manager , or his or her designee, to act as its representative for the performance of this Agreement (" City's Representative"). City's Representative shall have the power to act on behalf of City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than City's Representative or his or her designee.
ITEM 15
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ATTACHMENT B
3 3.2.6 Contractor's Representative. Contractor hereby designates Tony de Melo, Principal Civil Engineer, or his or her designee, to act as its representative for the performance of this Agreement (" Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Agreement.
Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services . Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and othe r staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees . Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a business license, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from City, any services necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein , and shall be fully responsible to City for all damages and other liabilities provided for in the indemnification provisions of this Agreement arising from the Contractor’s errors and omissions. . Any employee of Contractor or its subcontractors who is determined by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to City, shall be promptly removed from the Project by Contractor and shall not be re-employed to perform any of the Servi ces or to work on the Project.
3.2.9 Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
ITEM 15
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ATTACHMENT B
4 (a) Time for Compliance. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives , employees or subcontractors.
Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
(b) Types of Required Coverages . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, Contractor in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.
(i) Commercial General Liability: Commercial General
Liability Insurance which affords coverage at least as broad as the latest version of the Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $ 2,000,000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) products and completed operations; (2) contractual liability; (3) third party action over claims; or (4) cross liability exclusion for claims or suits by one insured against another.
(ii) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as the latest version of Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident.
(iii) Workers' Compensation and Employer’s Liability :
Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(c) Endorsements.
(i) The policy or policies of insurance required by Section
3.2.10(b) (i) Commercial General Liability and (ii ) Automobile Liability Insurance and (iii) Worker’s Compensation Insurance shall be endorsed to provide the following:
(1) Additional Ins ured: City, its officials, officers, employees and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Endorsements shall be issued on a combination of ISO CG 20 10 and CG 20 37 or exact equivalents. Additional Insured Endorsements shall not (1) be restricted to "ongoing ITEM 15
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ATTACHMENT B
5 operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Agreement.
(2) Primary Insurance and Non -Contributing Insurance: This insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees and agents shall not contribute with this primary insurance.
(3) Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby.
(4) Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City except ten (10) days prior written notice shall be allowed for non - payment of premium.
(5) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.
(6) Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officials, officers, employees and agents.
(7) Applicability: That the coverage provided therein shall apply to the obligations assumed by Contractor under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage.
(ii) The policy or policies of insurance required by Section
3.2.10(b) (iii) Workers' Compensation shall be endorsed, as follows:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees and agents.
(2) Cancellation: The policy shall not be canceled or the coverage ITEM 15
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ATTACHMENT B
6 suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon City except ten (10) days prior written notice shall be allowed for non - payment of premium.
(d) Deductible. Any deductible or self -insured retention must be approved in writing by City and shall protect the City, its officials, officers, employees and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. (e) Evidence of Insurance . Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
(f) Failure to Maintain Coverage . Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to City. City shall have the right to withhold any payment due Contractor until Contractor has fully complied with the insurance provisions of this Agreement.
In the event that Contractor's operations are suspended for failure to maintain required insurance coverage, Contractor shall not be entitled to an extension of time for completion of the work because of production lost during suspension.
(g) Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A -:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. (h) Insurance for Subcontractors. Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding City as an Additional Insured to the subcontractor's policies.
3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as ITEM 15
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ATTACHMENT B
7 applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty-Nine Thousand Dollars and no cents, ($49,000.00) without written approval of City's City Manager . Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit "C" shall be adjusted each year at the time of renewal in accordance with the Consumer Price Index.
3.3.6 California Labor Code Requirements
(a) Contractor is aware of the requirements of California Labor Code Section 1720, et seq ., and 1770, et seq ., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or ITEM 15
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ATTACHMENT B
8 more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). (b) If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred and fees charged under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
(a) Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been fully and adequately rendered to City through the effective date of the termination , and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
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9 (b) Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data, as defined below, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. (c) Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
NorthStar Engineering, Inc.
620 12th Street
Modesto, CA 95354
Michelle Ellis
City:
City of Ceres
2220 Magnolia Street
Ceres, CA 95307
Attn: Doug Dunford, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.4 Attorneys’ Fees . If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all costs of such action.
3.5.5 Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct ITEM 15
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10 of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payme nt of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, agents or volunteers.
Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs , including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 3.5.5 shall survive any expiration or termination of this Agreement.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be supplemented, amended or modified by a writing signed by both Parties.
3.5.7 Governing Law . This Agreement shall be governed by the laws of the State of California. Venue shall be in Merced County.
3.5.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves the right to employ other Contractors in connection with this Project.
3.5.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.5.11 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and ITEM 15
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11 subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employ ment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of any minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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12 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.22 Employment Adverse to City. Contractor shall notify City, and shall obtain City’s written consent, prior to accepting work to assist with or participate in a third -party lawsuit or other legal or administrative p roceeding against City during the term of this Agreement.
3.5.23 Conflict of Employment . Employment by Contractor of personnel currently on the payroll of City shall not be permitted in the performance of this Agreement, even though such employment may occur outside of the employee’s regular working hours or on weekends, holidays or vacation time. Further, the employment by Contractor of personnel who have been on City’s payroll within one year prior to the date of execution of this Agreement, where this employment is caused by and or dependent upon Contractor securing this or related Agreements with City, is prohibited.
3.5.24 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification and confidentiality obligations, and the obligations related to receipt of subpoenas or court orders, shall survive any such expiration or termination.
3.5.25 Subcontracting. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
SIGNATURES ON FOLLOWING PAGE
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13 SIGNATURE PAGE FOR AGREEMENT
FOR PLANNING MANAGEMENT SERVICES
IN WITNESS WHEREOF , this Agreement was executed on the date first written above.
CITY OF CERES
Approved By:
Douglas D. Dunford
City Manager
Date
Attest:
City Clerk
NorthStar Engineering, Inc.
Signature
Name
Title
Date
ITEM 15
ATTACHMENT B
Clients Initials_________ Consultants Initials_________ Overtime and Saturday work will be billed at time and a half and Sunday work will be billed at double time.
Expedited Project Schedule will be subject to increased rates, provided upon request.
Mate rial s wi ll be bi lled at cost plu s 10%
The above
rate schedule is effective through December 31, 2026 and is subject to adjustment January 1, 2027.
EXHIBIT A
SCOPE OF PROFESSIONAL SERVICES
NorthStar Engineering will provide a Principal Planner to assist Ceres with Planning Project Management. The Principal will provide up to ten hours of assistance per week for up to 102 hours of work as per the terms of the contract. The work the Principal will perform will be primarily dependent upon the daily needs of the Community Development Department, but will include but not be limited to the following broad categories of work:
Site Planning Review and Land Use Consultation
The Principal will take in new entitlement applications and review them for consistency with the Citys General Plan, Zoning Ordinance, and other pertinent documents. The Principal will provide guidance to applicants on new and existing entitlement applications. The Principal will meet with applicants when necessary to discuss issues that arise during project review.
Entitlement and Permit Coordination
The Principal will route projects through Ceres entitlement review process and be the liaison between applicants and staff for necessary revisions to projects. The Principal will coordinate meetings with other internal/external departments to facilitate necessary project coordination and completion. The Principal will coordinate with the staff and development team to ensure all necessary documents (site plans, architectural renderings, studies, hearing notices, etc.) are correctly prepared. The Principal will prepare staff reports and all necessary documents for any required public hearings. The Principal will attend Planning Commission meetings and City Council meetings if necessary to present a project to the hearing body.
Environmental Review
The Principal will assess the need for environmental review under the California Environmental Quality Act (CEQA) for each project. The Principal will oversee the preparation of environmental documents as needed and ensure the appropriate documents are submitted to the County for recordation and to CEQAnet.
On-Site Services (if required)
The Principal can provide on-site hours at the City of Ceres to provide assistance at the public counter if required. Counter hours will be limited to six hours per week, two days per week. The remaining contractual hours will be for the work described above. During the specified counter hours, the Principal will provide assistance in addressing public email and phone inquiries.
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15 EXHIBIT "B"
SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from February 9, 2026 and ending March 31, 2027, The second renewal period may be from April 1, 2027 through December 31, 2027
ITEM 15
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16 EXHIBIT "C"
COMPENSATION
ITEM 15
Budget Amendment No.
Fiscal Year
Reference Resolution No . , dated authorizing appropriations for as follows:
Appropriations:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Requested Appropriation
Current Appropriation
Total Appropriation
Estimated Revenues:
Fund Name Org. Object Project
(if appl.)
Appropriation
Amount
Estimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
ATTACHMENT C
ITEM 15
ITEM 15
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: February 9, 2026
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 6-XXX, Approving the Revision of the Load - Carrying Capacity of the Service Road Bridge Over the Turlock Irrigation District Ceres Main Canal Pursuant to California Vehicle Code Section 35751
RECOMMENDED COUNCIL ACTION:
Staff recommends the City Council adopt a Resolution revising the Load-Carrying Capacity of the Service Road Bridge over the Turlock Irrigation District Ceres Main Canal pursuant to California Vehicle Code Section 35751.
I. BACKGROUND:
The Service Road Bridge over the Turlock Irrigation District Ceres Main Canal was constructed in 1921 and is owned and maintained by the City of Ceres. The bridge is a reinforced concrete structure supported by concrete substructure elements founded on spread footings.
In November 2024, the Caltrans Division of Structure Maintenance and Investigations (SM&I) performed the City’s required biennial bridge inspection and identified new structural deterioration affecting the load -carrying capacity of the bridge. Based on the inspection findings, SM&I completed updated structural load rating calculations to determine revised allowable loads.
The revised analysis indicates that the bridge can no longer safely carry unrestricted vehicle loads. As a result, SM&I recommends that the Service Road Bridge be posted with reduced weight limits as shown below:
ITEM 16
Service Road Bridge over TID Ceres Main Canal
Vehicle Classification Current Restriction Recommended
Restriction
Single Vehicle No restriction 14 tons
Semi-Trailer Combination No restriction 32 tons
Truck and Full Trailer No restriction 34 tons
Permit Loads Allowed Not permitted
Pursuant to California Vehicle Code Section 35754, Public Works staff has installed temporary weight restriction signs at the bridge consistent with Caltrans’ recommendations. California Vehicle Code Section 35751 requires that permanent load restrictions be established by the City Council following a public hearing.
No temporary repairs or interim strengthening measures are proposed currently. The weight restrictions are necessary to ensure public safety and to limit further structural deterioration until the bridge can be replaced as part of the capital improvement project.
II. REASONS FOR RECOMMENDATION:
California Vehicle Code Section 35751 requires a public hearing and City Council action to establish or revise load limitations on City -owned bridges. Approval of the recommended action will satisfy statutory requirements and authorize the installation of permanent weight restriction signage.
III. FISCAL IMPACTS:
If approved, Public Works staff will replace the existing temporary signs with permanent load-rating signage. The estimated cost to fabricate and install the permanent signs is approximately $ 500.00. Funding for this work is included in the FY 2025 -26 Streets Adopted Budget. There is no impact to the General Fund.
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
This project is in conformance with the First Goal of the Strategic Plan:
1) Infrastructure: Ensure that the community has adequate, well -maintained infrastructure that fosters a quality community and supports a strong economy.
V. POLICY ALTERNATIVES:
The City Council can choose to:
1. Approve the request as recommended by staff; or
2. Deny the request; or
3. Continue to a future City Council Meeting
ITEM 16
VI. INTERDEPARTMENTAL COORDINATION:
The Engineering Services Department has coordinated with the Public Works Department, Streets Division.
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
N/A
IX. STEPS FOLLOWING APPROVAL:
The Public Works Department will install permanent signage.
Approved by: ____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Bridge Record of Critical Finding
3. Attachment C – Public Hearing Notice
ITEM 16
ITEM 16
ATTACHMENT A
RESOLUTION NO. 2026-XXX
APPROVING THE REVISION OF THE LOAD-CARRYING CAPACITY
OF THE SERVICE ROAD BRIDGE OVER THE TURLOCK IRRIGATION
DISTRICT CERES MAIN CANAL PURSUANT TO CALIFORNIA
VEHICLE CODE SECTION 35751
THE CITY COUNCIL
City of Ceres
WHEREAS, the Service Road Bridge over the Turlock Irrigation District (TID) Ceres Main Canal is a City-owned bridge located within the City of Ceres; and
WHEREAS, California Vehicle Code Section 35751 requires that the City Council conduct a public hearing prior to establishing or revising load-carrying limitations on City- owned bridges; and
WHEREAS, the Service Road Bridge was constructed in 1921 and has experienced age-related deterioration affecting its structural capacity; and
WHEREAS, in November 2024, the Caltrans Division of Structure Maintenance and Investigations (SM&I) conducted a biennial bridge inspection and identified new deterioration affecting the load-carrying capacity of the bridge; and
WHEREAS, based on the inspection findings, Caltrans SM&I performed updated structural load rating calculations and recommended revised load-carrying limitations for the Service Road Bridge; and
WHEREAS, pursuant to California Vehicle Code Section 35754, the City has installed temporary weight restriction signage in accordance with Caltrans’ recommendations to protect public safety; and
WHEREAS, on February 9, 2026, the City Council conducted a duly noticed public hearing to receive public comment regarding the proposed revision to the load -carrying capacity of the Service Road Bridge; and
WHEREAS, the City Council finds that adoption of the revised load limits is necessary to ensure public safety, preserve the structural integrity of the bridge, and comply with state law; and
WHEREAS, the revised load-carrying limitations for the Service Road Bridge over the Turlock Irrigation District Ceres Main Canal, as recommended by the Caltrans Division of Structure Maintenance and Investigations, are hereby adopted as follows:
• 14 tons per single vehicle
• 32 tons per semi-trailer combination
• 34 tons per truck and full trailer
• No permit loads allowed
ITEM 16
ATTACHMENT A
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the revision of the load-carrying capacity of the Service Road bridge over the Turlock Irrigation District Ceres Main Canal pursuant to California Vehicle Code Section 35751
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of February 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_________________________________
Fallon Martin, City Clerk
ITEM 16
ATTACHMENT B
ITEM 16
ITEM 16
ITEM 16
ITEM 16
ATTACHMENT C
City of Ceres
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on February 9, 2026, at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of a resolution of the City Council of the City of Ceres Revising the Load-Carrying Capacity of the Service Road Bridge over the Turlock Irrigation District Ceres Main Canal Pursuant to California Vehicle Code Section 35751.
In November 2024, the Caltrans Division of Structure Maintenance and Investigations (SM&I) performed the City’s required biennial bridge inspection and identified new structural deterioration affecting the load -carrying capacity of the bridge. Based on the inspection findings, SM&I completed updated structural load rating calculations to determine revised allowable loads. The revised analysis indicates that the bridge can no longer safely carry unrestricted vehicle loads.
All interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.
Further information on the above hearing may be obtained or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.
If a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.
/s/ Fallon Martin, City Clerk
Date Notice Posted: January 28, 2026
ITEM 16
ITEM 16
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: February 9, 2026
TO: Mayor and City Council
FROM: Douglas D. Dunford, City Manager
CONTACT: Julian Aguirre, Economic Development/Redevelopment Manager [email protected], (209) 538-5773
SUBJECT:
Resolution 2 026-XXX, Approving the Submittal of a Letter of Support from the Ceres City Council for South Modesto
Businesses United for the 2025 Planning and Capacity Building Grant Application
RECOMMENDED COUNCIL ACTION:
Staff recommend the City Council approve a resolution for a support letter for South Modesto Businesses United for the 2025 Planning and Capacity Building Grant Application.
I. BACKGROUND:
South Modesto Business United has demonstrated several years of commitment to strengthening South Modesto and surrounding communities through targeted advocacy, research and collaboration focused on small business needs , transportation access and equitable economic development.
II. REASONS FOR RECOMMENDATION:
The Proposed project will deliver a comprehensive Clean Mobility and Bundled infrastructure planning effort targeting South Modesto. This initiative directly responds to findings in SMBU’s Community Tr ansportation Needs Assessment, including the significant reality that 61% of residents currently lack access to EV charging infrastructure, and 36% of residents do not possess a driver license. These gaps present substantial barriers to economic mobility, workforce participation and access to essential services. This grant is imperative to advance the planning work necessary to identify grid capacity, align clean transportation investments, and bundle infrastructure solutions in a way that is both strategic and implementation ready.
III. FISCAL IMPACTS:
N/A
ITEM 17
IV. EXISTING POLICY / RELATIONSHIP TO THE STRATEGIC PLAN:
Community engagement: Establish strong relationships with all sectors of the community, recognizing its cultural diversity and increase their involvement in creating the future of the city.
a. Collaborate with community groups to achieve mutual goals V. POLICY ALTERNATIVES:
The City Council could choose not to participate in supporting South Modesto Businesses United
VI. INTERDEPARTMENTAL COORDINATION:
N/A
VII. PUBLIC PARTICIPATION:
N/A
VIII. ENVIRONMENTAL REVIEW:
There is no required environmental review.
IX. STEPS FOLLOWING APPROVAL:
Upon approval, staff will sign letter of support for South Modesto Business United for 2025 Planning and Capacity Building Grant Application
Approved by: _____________________
Douglas D. Dunford,
City Manager
Attachments:
1. Attachment A – Resolution
2. Attachment B – Letter of Support
ITEM 17
ATTACHMENT A
RESOLUTION NO. 2026-XXX
APPROVING THE SUBMITTAL OF A LETTER OF SUPPORT FROM THE CERES CITY COUNCIL FOR SOUTH MODESTO BUSINESSES UNITED FOR THE 2025
PLANNING AND CAPACITY BUILDING GRANT
THE CITY COUNCIL
City of Ceres
WHEREAS, South Modesto Business United (SMBU) is a community -based organization that has demonstrated several years of commitment to supporting small businesses, improving transportation access, and advancing equitable economic development in South Modesto and surrounding areas; and WHEREAS, SMBU is seeking a letter of support so that they may submit with their application for a grant that would allow them to identify gaps by advancing planning efforts that integrate clean mobility, transportation access and infrastructure readiness in an equitable and coordinated manner; and
WHEREAS, the successful implementation of this planning effort will support economic vitality, improve access to clean transportation, strengthen commercial corridors, and advance sustainability for South Modesto residents and businesses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the submittal of a letter of support from the Ceres City Council to South Modesto Business United for the 2025 planning and capacity building grant.
PASSED AND ADOPTED by the Ceres City Council at a regular meeting thereof held on the 9th day of February 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
________________________________
Javier Lopez, Mayor
ATTEST:
_______________________________
Fallon Martin, City Clerk
ITEM 17
ITEM 17
CERES CITY COUNCIL
2220 Magnolia Street
Ceres, CA 95307
(209) 538-5700
February 9, 2026
California Air Resources Board
Clean Mobility Options – Planning and Capacity Building Program Re: Letter of Support for South Modesto Businesses United (SMBU) 2025 Planning & Capacity Building Grant Application
Dear Review Committee,
On behalf of the City of Ceres, I am pleased to express our support for South Modesto Businesses United (SMBU)’s application to the 2025 Clean Mobility Options Planning and Capacity Building Grant Program for its proposed South Modesto Clean Mobility and Bundled Infrastructure Readiness Plan.
Commercial corridors and adjacent neighborhoods in and around South Modesto and the greater south county region face ongoing transportation access challenges that impact residents, workers, and small businesses. Limited transit reliability, rising vehicle operating costs, and gaps in clean mobility infrastructure can constrain economic activity and reduce access to jobs, education, and essential services. Addressing these challenges requires thoughtful, coordinated planning prior to pursuing implementation funding.
SMBU’s proposed planning effort is consistent with regional economic development and corridor revitalization priorities. The project’s focus on community engagement, site screening, feasibility analysis, utility coordination, and identification of viable delivery and funding pathways represents a prudent, implementation-ready approach. We also recognize that this application is limited to planning and capacity-building activities, which is appropriate at this stage of project development.
During the planning phase, the City of Ceres is willing to coordinate with SMBU, as appropriate, including participation in planning discussions and alignment with relevant City and regional initiatives.
This letter of support reflects the City’s interest in early coordination and information sharing and does not constitute a commitment to construction, regulatory approvals, or financial participation.
We commend SMBU for its corridor -focused, community -driven approach and support its efforts to advance equitable and sustainable clean mobility planning.
Sincerely,
Javier Lopez, Mayor
City of Ceres
CITY COUNCIL
Javier Lopez, Mayor
James Casey, Dist. 1
Rosalinda L. Vierra, Dist.2
Cerina Otero, Dist. 3
Daniel A. Martinez, Dist. 4
ITEM 17
ATTACHMENT B
ITEM 17