City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual LLEBG Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Intergovernmental $ 31,876 17,262 $ 17,262 $ $ (14,614) Use of money and property 217 217 - (217)
Total revenues 32,093 17,479 17,262 (14,831)
EXPENDITURES:
Current:
Public safety 32,092 17,478 29,964 2,128
Total expenditures 32,092 17,478 29,964 2,128
REVENUES OVER (UNDER)
EXPENDITURES 1 1 (12,702) (12,703)
Net change in fund balances 1 1 (12,702) (12,703)
FUND BALANCES:
Beginning of year 47,699 47,699 47,699 -
End of year $ 47,700 47,700 $ 34,997 $ (12,703) $
Budgeted Amounts
140
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual Public Facilities Fees Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Charges for services $ - - $ 29,031 $ $ 29,031
Use of money and property 10,000 10,000 71,720 61,720
Total revenues 10,000 10,000 100,751 90,751
EXPENDITURES:
Current:
General government
Public safety 48,498 44,044 50,801 (2,303)
Public works - 3,346 284,224 (280,878)
Capital outlay - - 44,268 (44,268)
Total expenditures 51,844 44,044 379,293 (327,449)
REVENUES OVER (UNDER)
EXPENDITURES (41,844) (34,044) (278,542) (236,698)
OTHER FINANCING SOURCES (USES):
Transfers out - - - -
Total other financing sources (uses) - - - -
Net change in fund balances (41,844) (34,044) (278,542) (236,698) FUND BALANCES:
Beginning of year 2,685,139 2,685,139 2,685,139 -
End of year $ 2,643,295 2,651,095 $ 2,406,597 $ (236,698) $ Budgeted Amounts
141
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual Daniel Whitmore House Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Use of money and property $ - - $ - $ - $
Total revenues - - - -
EXPENDITURES:
Current:
Community services 23,076 23,076 21,983 1,093
Total expenditures 23,076 23,076 21,983 1,093
REVENUES OVER (UNDER)
EXPENDITURES (23,076) (23,076) (21,983) 1,093
OTHER FINANCING SOURCES (USES):
Transfers in - - - -
Total other financing sources (uses) - - - -
Net change in fund balances (23,076) (23,076) (21,983) 1,093 FUND BALANCES (DEFICIT):
Beginning of year (843) (843) - (843)
End of year $ (23,919) (23,919) $ (22,826) $ 1,093 $
Budgeted Amounts
142
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual RiverBluff Regional Park Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Charges for services $ 2,800 2,800 $ 743 $ (2,057)
Use of money and property 822 822
Total revenues 2,800 2,800 1,565 (1,235)
EXPENDITURES:
Current:
Community services - - - -
Total expenditures - - - -
REVENUES OVER (UNDER)
EXPENDITURES 2,800 2,800 1,565 (1,235)
Net change in fund balances 2,800 2,800 1,565 (1,235)
FUND BALANCES (DEFICIT):
Beginning of year 29,383 29,383 29,383 -
End of year $ 32,183 32,183 $ 30,948 $ (1,235) $
Budgeted Amounts
143
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual Ceres Community Foundation Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Use of money and property $ - - $ 3,953 $ $ 3,953
Other revenues - - - -
Total revenues - - 3,953 3,953
EXPENDITURES:
Current:
General government 6,020 6,020 - 6,020
Total expenditures 6,020 6,020 - 6,020
REVENUES OVER (UNDER)
EXPENDITURES (6,020) (6,020) 3,953 9,973
OTHER FINANCING SOURCES (USES):
Transfers out - - - -
Total other financing sources (uses) - - - -
Net change in fund balances (6,020) (6,020) 3,953 9,973 FUND BALANCES:
Beginning of year 141,352 141,352 - 141,352
End of year $ 135,332 135,332 $ 145,305 $ 9,973 $
Budgeted Amounts
144
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual Clinton Whitmore Mansion Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Other revenues - $ - $ - $ - $
Total revenues - - - -
EXPENDITURES:
Current:
Community services 13,539 13,384 13,830 (291)
Total expenditures 13,539 13,384 13,830 (291)
REVENUES OVER (UNDER)
EXPENDITURES (13,539) (13,384) (13,830) (291)
Net change in fund balances (13,539) (13,384) (13,830) (291) FUND BALANCES (DEFICIT):
Beginning of year (147,927) (147,927) (147,927) -
End of year $ (161,466) (161,311) $ (161,757) $ (291) $ Budgeted Amounts
145
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual Road Maintenance and Rehab Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Intergovernmental $ 1,253,974 1,253,974 $ 1,362,433 $ 108,459 $ Use of money and property 4,000 4,000 89,512 85,512
Total revenues 1,257,974 1,257,974 1,451,945 193,971
EXPENDITURES:
Current:
Engineering and Transportation 30,000 30,000 - 30,000
Capital outlay 1,877,181 515,547 - 1,877,181
Total expenditures 1,907,181 545,547 235,291 1,671,890
REVENUES OVER (UNDER)
EXPENDITURES (649,207) 712,427 1,216,654 1,865,861
Net change in fund balances (649,207) 712,427 1,216,654 1,865,861 FUND BALANCES (DEFICIT):
Beginning of year 2,616,270 2,616,270 2,616,270 -
End of year $ 1,967,063 3,328,697 $ 3,832,924 $ 1,865,861 $ Budgeted Amounts
146
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Intergovernmental $ - - $ - $ - $
Use of money and property - - - -
Total revenues - - - -
EXPENDITURES:
Current:
Public works 15,000 15,000 29,450 (14,450)
Total expenditures 15,000 15,000 29,450 (14,450)
REVENUES OVER (UNDER)
EXPENDITURES (15,000) (15,000) (29,450) (14,450)
Net change in fund balances (15,000) (15,000) (29,450) (14,450) FUND BALANCES (DEFICIT):
Beginning of year 17,860 17,860 17,860 -
End of year $ 2,860 2,860 $ (11,590) $ (14,450) $
Budgeted Amounts
SB2 Planning Grants Program Special Revenue Fund
147
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual SB 1383 Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Intergovernmental $ - - $ - $ - $
Use of money and property - - 1,878 1,878
Total revenues - - 1,878 1,878
EXPENDITURES:
Current:
General government 120,083 120,083 73,299 46,784
Total expenditures 120,083 120,083 73,299 46,784
REVENUES OVER (UNDER)
EXPENDITURES (120,083) (120,083) (71,421) 48,662
OTHER FINANCING SOURCES (USES):
Transfers in - - - -
Transfers out - - - -
Total other financing sources (uses) - - - -
Net change in fund balances (120,083) (120,083) (71,421) 48,662 FUND BALANCES (DEFICIT):
Beginning of year 120,014 120,014 120,014 -
End of year $ (69) (69) $ 48,593 $ 48,662 $
Budgeted Amounts
148
City of Ceres, California
Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget to Actual CARES Act Special Revenue Fund
For the year ended June 30, 2025
Variance w/Final
Positive
Original Final Actual (Negative)
REVENUES:
Intergovernmental $ - - $ 10,504 $ 10,504 $
Use of money and property - - - -
Total revenues - - 10,504 10,504
EXPENDITURES:
Current:
General government 630,483 1,500,000 720,917 (90,434)
Public safety 1,597,534 213,404 1,554,232 43,302
Engineering and Transportation - 30,368 27,357 3,011
Community services 643,381 - 623,080 20,301
Economic development 869 - 869 -
Capital outlay 2,250,127 - 1,087,737 1,162,390
Total expenditures 5,152,762 1,713,404 4,014,192 1,138,570
REVENUES OVER (UNDER)
EXPENDITURES (5,152,762) (1,713,404) (4,003,688) 1,149,074 OTHER FINANCING SOURCES (USES):
Transfers in - - - -
Transfers out - -
Total other financing sources (uses) - - - -
Net change in fund balances (5,152,762) (1,713,404) (4,003,688) 1,149,074 FUND BALANCES (DEFICIT):
Beginning of year 4,735,580 4,735,580 4,735,580 -
End of year $ (417,182) 3,022,176 $ 731,892 $ 1,149,074 $ Budgeted Amounts
149
Fund
Equipment Revolving
Information Technology
Risk Management
Building Maintenance
Accounts for the cost of providing workers' compensation and liability insurance coverage on a City-wide basis.
Accounts for the activities of building maintenance, custodial service, and building modification projects on a City-wide basis.
INTERNAL SERVICE FUNDS
Description
Internal Service Funds are used to account for special activities and services performed by a designated City department for other departments on a cost reimbursement basis.
Accounts for the operation, maintenance, and replacement of City equipment.
Accounts for costs associated with maintaining the City's information systems.
150
City of Ceres, California
Statement of Fund Net Position
Internal Service Funds
June 30, 2025
Equipment Information Risk Building
Revolving Technology Management Maintenance Totals
ASSETS
Current assets:
Cash and investments 2,673,709 $ 523,718 $ 1,720,651 $ 691,871 $ 5,609,949 $ Accounts receivable 151 - 21,703 - 21,854
Total current assets 523,718 2,673,860 1,742,354 691,871 5,631,803 Noncurrent assets:
Property, plant and equipment 11,649,465 443,992 - 433,336 12,526,793 Less accumulated depreciation (6,774,916) (357,002) - (231,168) (7,363,086) Total noncurrent assets 86,990 4,874,549 - 202,168 5,163,707 Total assets $ 610,708 7,548,409 $ 1,742,354 $ 894,039 $ 10,795,510 $
LIABILITIES AND NET POSITION
Liabilities:
Current liabilities:
Accounts payable and accrued liabilities 191,262 $ 6,830 $ 2,399 $ 6,380 $ 206,871 $ Due to other funds - - 236 - 236
Compensated absences - current 8,688 18,629 - 17,684 45,001 Total current liabilities 25,459 199,950 2,635 24,064 252,108 Noncurrent liabilities:
Compensated absences 13,032 27,943 - 26,526 67,501
Liability for claims - - 1,723,831 - 1,723,831
Total noncurrent liabilities 27,943 13,032 1,723,831 26,526 1,791,332 Total liabilities 53,402 212,982 1,726,466 50,590 2,043,440 Net Position:
Net investment in capital assets 4,874,549 86,990 - 202,168 5,163,707 Unrestricted net position (deficit) 2,460,878 470,316 15,888 641,281 3,588,363 Total net position 557,306 7,335,427 15,888 843,449 8,752,070 Total liabilities and net position $ 610,708 7,548,409 $ 1,742,354 $ 894,039 $ 10,795,510 $ 151
City of Ceres, California
Statement of Revenues, Expenses, and Changes in Fund Net Position Internal Service Funds
For the year ended June 30, 2025
Equipment Information Risk Building
Revolving Technology Management Maintenance Totals
OPERATING REVENUES:
Interdepartmental charges 2,357,045 $ 713,867 $ 2,973,702 $ 613,320 $ 6,657,934 $ Other 153,367 - 34,128 44 187,539
Total operating revenues 713,867 2,510,412 3,007,830 613,364 6,845,473 OPERATING EXPENSES:
Salaries and benefits 547,706 729,913 - 820,857 2,098,476 Contractual and other services 331,976 157,683 - 287,885 777,544 Materials and supplies 605,029 65,181 - 121,547 791,757 Depreciation 864,725 24,629 - 31,841 921,195
Other operating costs 5,861 13,681 3,043,780 56,928 3,120,250 Total operating expenses 991,087 2,355,297 3,043,780 1,319,058 7,709,222 OPERATING INCOME (LOSS) (277,220) 155,115 (35,950) (705,694) (863,749) NONOPERATING REVENUE (EXPENSE):
Investment earnings (1) - 35,282 - 35,281
Gain on sale of assets 120,547 - - - 120,547
Transfers in (out) - - - - -
Total non-operating revenue - 120,546 35,282 - 155,828
CHANGE IN NET POSITION (277,220) 275,661 (668) (705,694) (707,921) NET POSITION (DEFICIT):
Beginning of year 7,059,766 834,526 16,556 1,549,143 9,459,991 End of year 7,335,427 $ 557,306 $ 15,888 $ 843,449 $ 8,752,070 $ 152
City of Ceres, California
Combining Statement of Cash Flows
Internal Service Funds
For the year ended June 30, 2025
Equipment Information Risk Building
Revolving Technology Management Maintenance Totals
CASH FLOWS FROM OPERATING ACTIVITIES:
Cash received from other funds for services 2,647,631 $ 713,867 $ 2,951,999 $ 613,320 $ 6,926,817 $ Cash received from loss claim recoveries - - 34,128 - 34,128 Cash payments to suppliers for goods and services (944,895) (229,715) - (467,218) (1,641,828) Cash payments to employees for services (575,305) (701,970) - (859,384) (2,136,659) Cash payments for loss claims - - (2,991,601) - (2,991,601) Net cash provided (used) by operating activities (217,818) 1,127,431 (5,474) (713,282) 190,857 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES:
Transfers received (paid) - - - - -
Net cash provided by noncapital financing activities - - - - -
CASH FLOWS FROM CAPITAL AND RELATED
FINANCING ACTIVITIES:
Acquisition and construction of capital assets (989,375) - - 1 (989,374) Proceeds from sale of capital assets 120,547 - - - 120,547 Net cash (used) by capital and related financing activities - (868,828) - 1 (868,827) CASH FLOWS FROM INVESTING ACTIVITIES:
Interest earning (1) - 35,283 - 35,282
Net increase in cash and cash equivalents (217,818) 258,602 29,809 (713,281) (642,688) CASH AND CASH EQUIVALENTS:
Beginning of year 2,406,419 722,907 1,690,842 1,387,468 6,207,636 End of year 2,665,021 $ 505,089 $ 1,720,651 $ 674,187 $ 5,564,948 $ Reconciliation of income (loss) from operations to net
cash provided (used) by operating activities:
Income (loss) from operations 155,115 $ (277,220) $ (35,950) $ (705,694) $ (863,749) $ Adjustments to reconcile income (loss) from operations
to net cash provided (used) by operating activities:
Depreciation 24,629 864,725 - 31,841 921,195
(Increase) decrease in current assets:
Accounts receivable 137,219 - (21,703) - 115,516
Increase (decrease) in liabilities:
Accounts payable and accrued liabilities (2,029) 6,830 (751) (902) 3,148 Compensated absences (27,599) 27,943 - (38,527) (38,183) Increase (decrease) in claims liability - noncurrent - - 52,930 - 52,930 Net cash provided (used) by operating activities $ (217,818) 1,127,431 $ (5,474) $ (713,282) $ 190,857 $ 153
Fund
Private Purpose Trust Funds
Former Ceres Redevelopment Agency
Successor Agency - Non-Housing
Successor Agency - Housing
Former Stanislaus-Ceres Redevelopment Commission
Successor Agency - Non-Housing
Successor Agency - Housing
TRUST AND AGENCY FUNDS
Description
Accounts for funds collected and disbursed for the
dissolution of the former Ceres Redevelopment Agency
related to Administration and Retirement of enforceable obligations.
Accounts for funds collected and disbursed for the
dissolution of the former Ceres Redevelopment Agency's
housing related debts.
Accounts for funds collected and disbursed for the
dissolution of the former Stanislaus-Ceres
Redevelopment Commission related to Administration
and Retirement of enforceable obligations.
Accounts for funds collected and disbursed for the
dissolution of the former Stanislaus-Ceres
Redevelopment Commission's housing related debts.
154
City of Ceres, California
Combining Statement of Net Position
Private Purpose Trust Funds
June 30, 2025
Totals
Non-Housing Housing Non-Housing Housing
ASSETS AND DEFERRED OUTFLOWS OF
RESOURCES
Current assets:
Cash and investments $ 1,431,499 4,143,884 $ - $ $ 5,575,383 - $ Cash and investments with trustee/fiscal agent 2,061,500 - - 2,061,500 - Accounts receivable - 125,000 120,848 - 245,848
Due from other funds 79,823 - - - 79,823
Total current assets 6,410,207 1,431,499 120,848 - 7,962,554 Non-Current assets:
Advances to other funds - 1,826,680 - - 1,826,680
Long-term loans receivable - - 1,421,849 192,522 1,614,371 Construction in progress 12,500,147 - - - 12,500,147
Total Non-current assets 3,248,529 12,500,147 - 192,522 15,941,198 Total assets 4,680,028 18,910,354 120,848 192,522 23,903,752 Deferred outflows: Pension plan 73,877 - 87,061 - 160,938 Total assets and deferred outflows $ 4,680,028 18,984,231 $ 207,909 $ 192,522 $ 24,064,690
LIABILITIES, DEFERRED INFLOWS OF
RESOURCES AND NET POSITION
Current liabilities:
Accounts payable and accrued liabilities $ - - $ $ - - $ - $ Due to other funds - - 79,823 - 79,823
Interest payable - 8,591 - - 8,591
Current portion of long term debt 1,829,687 - 75,000 - 1,904,687 Total current liabilities 1,829,687 8,591 154,823 - 1,993,101 Long-term liabilities:
Advances from Stanislaus County - - 266,702 - 266,702
Advances from City of Ceres General Fund - - 531,494 - 531,494 Advances from other funds 1,826,680 - - - 1,826,680
Due after one year 21,550,517 - 465,000 - 22,015,517
Net pension liability 173,695 - 156,367 - 330,062
Total long-term liabilities 23,550,892 - 1,419,563 - 24,970,455 Total liabilities 8,591 25,380,579 1,574,386 - 26,963,556 Deferred inflows: Pension plan 30,984 - 27,108 - 58,092 Total liabilities and deferred inflows 8,591 25,411,563 1,601,494 - 27,021,648 Net Position (Deficit):
Net position held in trust for
Redevelopment Dissolution (6,427,332) 4,671,437 192,522 (1,393,585) (2,956,958) Total liabilities, deferred inflows, and net
position $ 4,680,028 18,984,231 $ 207,909 $ 192,522 $ 24,064,690 $ Successor Agency Successor Agency
Former Ceres Redevelopment Agency
Former Stanislaus - Ceres
Redevelopment Commission
155
City of Ceres, California
Combining Statement of Changes in Fiduciary Net Position Private Purpose Trust Funds
For the year ended June 30, 2025
Totals
Non-Housing Housing Non-Housing Housing
ADDITIONS:
Property taxes 2,350,750 $ - $ 141,560 $ - $ 2,492,310 $ Investment earnings - 38,685 - - 38,685
Other revenue 9,981 - 9,095 - 19,076
Gain on debt refunding - - - - -
Transfers in - - - - -
Total additions 38,685 2,360,731 150,655 - 2,550,071
DEDUCTIONS:
General and administrative 3,206 - - - 3,206
Contractual and other services 11,935 - 7,310 - 19,245
Interest and debt service expenses 578,389 - 38,470 - 616,859 Total deductions - 593,530 45,780 - 639,310
CHANGE IN FIDUCIARY NET POSITION 38,685 1,767,201 104,875 - 1,910,761 NET POSITION (DEFICIT):
Beginning of year (8,194,533) 4,632,752 (1,498,460) 192,522 (4,867,719) End of year $ 4,671,437 (6,427,332) $ (1,393,585) $ 192,522 $ (2,956,958) $ Former Ceres Redevelopment Agency
Former Stanislaus - Ceres
Redevelopment Commission
Successor Agency Successor Agency
156
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157
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: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Vanessa Portillo, Finance Director, [email protected] Subject: Resolution
Approving a Budget Amendment to Increase General Fund
Appropriations in the Amount of $326,000 in Revenues and $130,400 in Expenditures for Hinderliter de Llamas & Associates (HdL Companies) for Business License Discovery & Collection Services
Recommended Council Action:
Adopt a resolution approving a Fiscal Year 2026-27 budget amendment increasing General Fund appropriations by $326,000 in revenues and $130,400 in expenditures for contractual fees associated with business license discovery and recovery services provided by Hinderliter de Llamas & Associates (HdL Companies).
Background:
The City contracts with Hinderliter de Llamas & Associates (HdL Companies) for business license administration, compliance, discovery, and collection services. The agreement includes tax discovery and compliance efforts intended to identify businesses with unpaid or underreported business license obligations.
As part of its ongoing discovery and compliance efforts, HdL recently identified and successfully recovered a significant delinquent business license payment totaling $325,926.25.
Under the City's agreement with HdL, discovery services are compensated at 40% of identified revenue. Because the amount and timing of individual compliance recoveries cannot reasonably be anticipated during development of the annual budget, sufficient appropriations were not included in the Fiscal Year 2026-27 Budget to cover the contractual fee associated with this significant recovery.
Reasons for Recommendation:
HdL's discovery and compliance activities resulted in the City recovering $325,926.25 in previously delinquent business license revenue.
Pursuant to the City's agreement with HdL, the 40% discovery fee associated with this recovery is approximately $130,400. The fee is directly tied to the revenue successfully identified and recovered through HdL's discovery efforts.
Staff recommends increasing budgeted appropriations by $130,400 to provide sufficient expenditure authority to pay the contractual amount due to HdL.
This budget amendment does not represent an increase in HdL's contracted rates.
Rather, it provides the necessary appropriation authority for a contractual fee generated by an unanticipated and significant revenue recovery.
Fiscal Impacts:
The City received $325,926.25 in additional business license revenue as a result of HdL's discovery and recovery efforts. The corresponding contractual discovery fee is $130,370.50, or 40% of the recovered amount.
Staff recommends increasing General Fund expenditure appropriations by $130,400 (Account 10073-029900 - Professional Services) to provide sufficient budget authority for the contractual payment. After accounting for the discovery fee, the recovery provides approximately $195,555.75 in net additional revenue to the City.
Existing Policy / Relationship to the Strategic Plan:
Policy Alternatives:
The City Council could elect not to approve the requested budget amendment; however, sufficient expenditure appropriation authority is necessary for the City to satisfy its contractual obligation to HdL for the successful discovery and recovery of the delinquent revenue.
Interdepartmental Coordination
Public Participation:
Environmental Review:
Steps Following Approval:
Upon approval by the City Council, the Finance Department will process the necessary budget amendment and accounting entries to increase expenditure appropriations by $130,400 and remit the amount due to HdL Companies in accordance with the City's agreement.
Attachments:
Attachment A - Resolution
Attachment B - Budget Amendment
ATTACHMENT A
RESOLUTION
APPROVING A BUDGET AMENDMENT TO INCREASE GENERAL FUND
APPROPRIATIONS IN THE AMOUNT OF $326,000 IN REVENUES AND $130,400 IN
EXPENDITURES FOR HINDERLITER DE LLAMAS & ASSOCIATES (HDL
COMPANIES) FOR BUSINESS LICENSE DISCOVERY & COLLECTION SERVICES
THE CITY COUNCIL
City of Ceres
WHEREAS, HdL Companies provides business license administration, discovery, and compliance services to the City pursuant to an agreement approved by the City Council on July 14, 2025, through Resolution No. 2025-069; and WHEREAS, HdL Companies, through its business license discovery and compliance efforts, successfully recovered $325,926.25 in delinquent business license revenue on behalf of the City; and
WHEREAS, pursuant to the City's agreement with HdL Companies, discovery services are compensated at 40% of identified revenue; and WHEREAS, the expenditure associated with this significant and unanticipated revenue recovery was not included in the Fiscal Year 2026-27 adopted budget; and
WHEREAS, a budget amendment in the amount of $130,400 for Account 10073- 029900 (Professional Services) is necessary to provide sufficient expenditure appropriation authority to satisfy the City's contractual obligation to HdL Companies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve a Fiscal Year 2026-27 budget amendment in the amount of $130,400 to increase expenditure appropriations for business license discovery and compliance services provided by HdL Companies.
BE IT FURTHER RESOLVED that the City of Ceres Finance Director is hereby authorized and directed to record the appropriate budget amendment and accounting entries necessary to implement this Resolution.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk
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
$GGLWLRQDOEstimated Revenue
Current Estimated Revenue
Total Estimated Revenue
Fiscal Impact:
2027
2026- September 28, 2026,
HdL Companies for revenue driven compliance and discovery activities.
Contracted Services 10073 029900 $ 130,400.00
$ 130,400.00
44,800.00
$ 175,200.00
Business License Tax 10073 001225 $ 326,000.00
$ 326,000.00
1,810,700.00
$ 2,136,700.00
approving a Fiscal Year 2026-27 budget amendment increasing General Fund appropriations by $130,400 for contractual fees associated with business license discovery and recovery services provided by HdL Companies.
ATTACHMENT B
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: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Michael Beltran, City Engineer, [email protected] Subject: Resolution
Approving the Project Agreement to the Master Agreement for Professional Consultant Services with Crawford & Associates, Inc. for Geotechnical Investigation Services for the CML-5241(074) Bike Lane Corridors - Class II Lanes (ENG2226) Project in the Amount of $31,197.92, Approving a Budget Amendment, and Authorizing the Interim City Manager to Execute the Agreement Recommended Council Action:
Staff recommends the City Council adopt a resolution authorizing the execution of a Project Agreement under the Master Agreement for Professional Consultant Services with Crawford & Associates, Inc., in the amount of $31,197.92, for Geotechnical Investigation Services for the CML-5241(074) Bike Lane Corridors – Class II Lanes (Project No. ENG2226); appropriating additional funding for the project with a budget amendment; and authorizing the Interim City Manager to execute the agreement.
Background:
The City has received federal funding through the Congestion Mitigation Air Quality (CMAQ) program to design and install bike lanes on Herndon Avenue from Hatch Road to Central Avenue, El Camino Avenue from Whitmore Avenue to Don Pedro Road, and Eastgate Boulevard from Hatch Road to Whitmore Avenue. The total length is approximately 3.0 miles. Improvements include widening portions of roadway (3-feet), centerline realignment, installing shoulder backing, pavement striping, markings, signage for bike lanes, and repairing asphalt pavement.
Reasons for Recommendation:
Installing bike lanes is intended to improve connectivity and safety to the City’s bike route network. By providing sufficient connectivity, it will encourage non-motorized forms of transportation and therefore reduce dependency on motorized vehicles, traffic,
congestion, and emissions.
The additional funding is necessary to provide geotechnical design recommendations for pavement rehabilitation on roadway areas that are structurally deficient. The geotechnical investigation will analyze the existing roadway layers and run tests to determine the optimal mix design for performing full depth reclamation with cement treatment (FDR-C) where needed.
Fiscal Impacts:
Staff recommends that the City Council approve a budget amendment appropriating $18,964.28 to account 27195.800500 (ENG 2226) to fund the project. This project will not require the use of General Fund contributions.
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.
Policy Alternatives:
The City Council can choose to reject the additional funding for this project; this will in turn cancel the project and all grant funding will have to be returned.
Interdepartmental Coordination
N/A
Public Participation:
N/A
Environmental Review:
This project has been cleared through NEPA.
Steps Following Approval:
Upon Council approval, the Finance Department will make the appropriate accounting entries to fund the remaining design portion of the project, and the Interim City Manager will execute the agreement with Crawford & Associates, Inc.
Attachments:
Attachment A - Resolution
Attachment B - Project Agreement
Attachment C - Budget Amendment
Attachment D - Executed Master Agreement
ATTACHMENT A
RESOLUTION
APPROVING THE PROJECT AGREEMENT TO THE MASTER AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES WITH CRAWFORD & ASSOCIATES, INC. FOR GEOTECHNICAL INVESTIGATION SERVICES FOR THE CML-5241(074) BIKE LANE CORRIDORS - CLASS II LANES (ENG2226) PROJECT IN THE AMOUNT OF $31,197.92, APPROVING A BUDGET AMENDMENT, AND
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the project CML-5241(074) Bike Lane Corridors – Class II was programmed in the Capital Improvement Program in account numbers 26895.800500, 27195.800500, and 27495.800500; and
WHEREAS, designing the project requires geotechnical investigation services to provide an optimal mix design for the pavement rehabilitation portion of the project; and WHEREAS, Crawford & Associates, Inc. is a qualified firm under the City's Master Agreement for Professional Consultant Services and has submitted a proposal to provide the necessary services for the project; and
WHEREAS, staff recommends approving a Project Agreement to Crawford & Associates, Inc., in the amount of $31,197.92; and
WHEREAS, a budget amendment appropriating an additional $18,964.28 from account 27195.800500 is necessary to fully fund the Project Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Project Agreement to the Master Agreement for Professional Consultant Services with Crawford & Associates, Inc. for Geotechnical Investigation Services for the CML-5241(074) Bike Lane Corridors - Class II Lanes (ENG2226) Project in the amount of $31,197.92, approve a budget amendment, and authorize the Interim City Manager to execute the agreement.
BE IT FURTHER RESOLVED, that the Finance Director, or designee, is hereby authorized and directed to make all necessary and appropriate budgetary and accounting adjustments to implement this resolution.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk
PROJECT AGREEMENT No. 2
TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
FOR CAPITAL PROJECTS
Providing: Geotechnical Engineering Investigation described in Exhibit A Professional Consultant Services for
City of Ceres Engineering Department
Project – CML-5241(074) Bike Lane Corridors – Class II Lanes This Project Agreement is made this 28th day of September 2026, by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Crawford & Associates, Inc., a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.
RECITALS
A. Following a Request for Qualifications (“RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Capital Projects (“Master Agreement”) on July 14, 2025.
B. City seeks to hire an independent contractor to perform geotechnical engineering investigation services to assist the City with the CML-5241(074) Bike Lane Corridors – Class II Lanes (the “Project”).
C. Consultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement, the Master Agreement, and the Amendment.
D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.
E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under the Master Agreement.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
ATTACHMENT B
PROJECT AGREEMENT NO. 2
BETWEEN CITY OF CERES AND
CRAWFORD & ASSOCIATES INC.
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.
Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A, but in no case more than one (1) year.
Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.
Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.
Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Master Agreement. City’s total compensation to Consultant shall be on a time and materials, not to exceed sum of thirty-one thousand one hundred ninetyseven dollars and ninty-two cents ($31,197.92) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.
Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.
Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and
ATTACHMENT B
PROJECT AGREEMENT NO. 2
BETWEEN CITY OF CERES AND
CRAWFORD & ASSOCIATES INC.
shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.
Exhibit Designation Exhibit Title
Exhibit A: Scope of Services
Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or
ATTACHMENT B
PROJECT AGREEMENT NO. 2
BETWEEN CITY OF CERES AND
CRAWFORD & ASSOCIATES INC.
communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]
With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]
and White Brenner LLP
1608 T Street
Sacramento, California 95811
Attention: Nubia I. Goldstein, Esq.
Tel: (916) 468-0950
[email protected]
If to Consultant: Crawford & Associates, Inc.
1405 8th Street
Modesto, CA 95354
Attention: Shawn Leyva, PE
Tel: (916) 455-4225
E-Mail: [email protected]
Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.
Section 14. General Provisions
14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
ATTACHMENT B
PROJECT AGREEMENT NO. 2
BETWEEN CITY OF CERES AND
CRAWFORD & ASSOCIATES INC.
14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
14.4 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
14.6. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
14.7. Entire Agreement. This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
14.8. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
ATTACHMENT B
PROJECT AGREEMENT NO. 2
BETWEEN CITY OF CERES AND
CRAWFORD & ASSOCIATES INC.
14.9. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
14.10. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
14.11. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
14.12. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 34 of the Master Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
14.13. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
14.14. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[SIGNATURES ON FOLLOWING PAGE.]
ATTACHMENT B
PROJECT AGREEMENT NO. 2
BETWEEN CITY OF CERES AND
CRAWFORD & ASSOCIATES INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
Dated: ______________________, 2026 Dated:_____________________, 2026 CITY OF CERES, a municipal corporation
By____________________________
Signature
Steve Williams, Interim City Manager
Name and Title
CONSULTANT
By_____________________________
Signature
Eric Nichols, Principal
Name and Title
APPROVED AS TO FORM
_______________________________
Nubia I. Goldstein, City Attorney
August 14
ATTACHMENT B
Main:
(916) 455-4225
Corporate Office:
4701 Freeport Boulevard
Sacramento, CA 95822
www.crawford-inc.com
July 27, 2026
Mr. Kevin Silva
Associate Engineer
City of Ceres Engineering Department
2220 Magnolia Street
Ceres, CA 95307
Subject: Herndon Avenue Rehabilitation Project
Geotechnical Engineering - Proposal
Ceres, California
Crawford File No. 26-2098.P
Dear Mr. Silva,
Crawford & Associates, Inc. (Crawford) is pleased to present this proposal for the Herndon Avenue Reconstruction project in Ceres, CA. We prepared this proposal based on our conversations, email correspondence between July 14th and 20th,2026, and understanding of the proposed improvements outlined for this project. The project improvements consist of performing FDR-C rehabilitation along Herndon Avenue between Hatch Road and just beyond Panero Way.
To support the City, Crawford will perform the following scope of services.
Scope of Services
Project Management, Meetings, and Field Preparation and Coordination Meet with the City to review the preliminary approach and discuss the project needs, goals and schedule. A Crawford representative will determine exploration locations, determine site access, and will visit the site prior to field work to mark our exploration location(s) for Underground Service Alert (USA). We will obtain a City encroachment permit for our fieldwork within the public right-ofway exploration locations, and schedule traffic control as needed.
Subsurface Exploration
Pavement Coring
To measure the existing structural pavement sections (HMA and AB), Crawford will drill borings at 8 locations within the project alignment to a depth of 5 feet below ground surface. Borings will be advanced using hollow-stem augers. An Engineer/Geologist will direct the drilling and sampling. The existing pavement sections (HMA and AB) will be measured, and subgrade samples will be retrieved for laboratory testing.
Borings will be backfilled with clean, compacted sand and topped with cold patch asphalt. Hot mix asphalt patching is not included in our scope of services since the road will be rehabilitated soon.
We will work with the City encroachment permit department on the traffic control requirements; however, we expect traffic control to consist of road work ahead signs, lane shifts, or lane closures with flaggers.
ATTACHMENT B
Herndon Avenue Rehabilitation Project Crawford
Geotechnical Engineering - Proposal File No. 26-2098.P
Ceres, California July 27, 2026
2 Samples of the HMA, AB, and subgrade soil will be collected. The samples will be returned to the Crawford laboratory for further observations and test selection. Crawford will complete one FDR-C mix design of subgrade, AB, and HMA samples to provide percent cement, unit weights, and moisture requirements for the specifications and bid package. Based on experience with previous City projects, we do not plan to conduct an R-value. An R-value can be performed upon request for an additional fee.
Laboratory Testing
Crawford will perform the following laboratory tests (if applicable) on relatively undisturbed samples obtained from the exploratory borings:
• Corrosivity Testing;
• Soil-Cement Mix Design;
Engineering Evaluation and Analysis
Following the receipt of the proposed FDR design from the City, Crawford will perform engineering analyses to determine cement quantities for the FDR-C rehabilitation strategy.
Pavement Data Letter
Crawford will prepare a Pavement Data Letter for the proposed FDR-C rehabilitation strategy.
The letter will include:
• Scope of work and project description;
• Results of our pavement coring;
• Laboratory results;
• Conclusion and Discussion;
• FDR-C mix design results;
• Limitations; and
• Site Plan with boring and core locations; and core photos.
DELIVERABLES:
Pavement Data Letter
Assumptions
Our above scope of services assumes the following:
• Monthly Project Design Team Meetings (PDT) are not included in this scope. Attendance will be billed on a time and materials basis and may incur additional fees. • Traffic control will consist of lane closures with flaggers, shoulder work ahead and roadwork ahead signs.
• A no-fee City encroachment permit will be provided. Crawford assumes others will provide necessary rights-of-entry (if necessary).
• Fieldwork can be completed during normal working weekdays (Monday through Friday) and during normal business hours (7 am to 5 pm). If required by the Encroachments Department, work completed during evenings or weekends may incur additional fees. • Our corings will be backfilled per City requirements and capped with cold patch asphalt.
Hot-mix Asphalt (HMA) patching is beyond this scope.
ATTACHMENT B
Herndon Avenue Rehabilitation Project Crawford
Geotechnical Engineering - Proposal File No. 26-2098.P
Ceres, California July 27, 2026
3 SCHEDULE
Crawford will begin the subsurface exploration within two to four weeks after receiving authorization, provided we have received the required permits. The fieldwork and laboratory testing for the project will take approximately three weeks to complete. We will submit the draft letter to the City within three to four weeks of our subsurface exploration.
FEE
We attach a detailed fee estimate for the work above. We are prepared to proceed with this work immediately after receipt of your authorization.
CLOSING
We appreciate the opportunity to propose and support this project. Please do not hesitate to contact the undersigned with any questions.
Crawford & Associates, Inc,
Amando B. Castro, PE Stephen P. Plauson, PE, GE
Senior Engineer Senior Project Manager
ATTACHMENT B
Project Name: City of Ceres Herndon Avenue Rehabilitation County/City: Ceres, CA Project No: 26-2098.P
Services: Geotechnical Design Services Date: 8/12/2026
Principal *
Senior Project Manager
Construction Services Director *
Project Manager II
Project Manager I
Senior Engineer II
Senior Engineer I
Senior Geologist
Project Engineer III / Geologist III
Project Engineer II / Geologist II
Project Engineer I / Geologist I
Staff Engineer / Geologist
Drafter
Project Coordinator
Staff Technician
Crawford Staff TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Initial Hourly Rate 82.29$ 74.06$ 72.44 $ 69.00$ 63.45$ 62.83$ 59.14$ 52.02$ 49.03$ 46.27$ 42.57$ 34.80$ 33.48$ 41.20$ 31.42$ Fringe Benefits 76.88% 63.26$ 56.94$ 55.69$ 53.05$ 48.78$ 48.30$ 45.47$ 39.99$ 37.69$ 35.57$ 32.73$ 26.75$ 25.74$ 31.67$ 24.16$ Overhead 126.37% 103.99$ 93.59$ 91.54$ 87.20$ 80.18$ 79.40$ 74.74$ 65.74$ 61.96$ 58.47$ 53.80$ 43.98$ 42.31$ 52.06$ 39.71$ G&A 20.00% 16.46$ 14.81$ 14.49$ 13.80$ 12.69$ 12.57$ 11.83$ 10.40$ 9.81$ 9.25$ 8.51$ 6.96$ 6.70$ 8.24$ 6.28$ Fixed Fee 10% 26.60$ 23.94$ 23.42$ 22.30$ 20.51$ 20.31$ 19.12$ 16.82$ 15.85$ 14.96$ 13.76$ 11.25$ 10.82$ 13.32$ 10.16$ Hourly Rate 292.60$ 263.33$ 257.58$ 245.35$ 225.61$ 223.41$ 210.29$ 184.97$ 174.34$ 164.52$ 151.37$ 123.74$ 119.05$ 146.50$ 111.72$ TASK 1 Project Management, Meetings, & Coordination
Project Management, Meetings, & Coordination 1.00 3.00 12.00 5.00 21.00 3,789.37$ $ 157.50 3,946.87$ Total Task Hours 1.00 3.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 5.00 0.00 21.00 3,789.37$ 157.50$ 3,946.87$ TASK 2 Subsurface Exploration -$
Subsurface Exploration 2.00 12.00 4.00 18.00 3,086.94$ $ 11,474.00 14,560.94$ Total Task Hours 0.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12.00 0.00 0.00 0.00 4.00 0.00 18.00 3,086.94$ $ 11,474.00 14,560.94$ TASK 3 Laboratory Testing -$
Crawford Laboratory Testing 2.00 4.00 6.00 1,184.76$ $ 6,300.00 7,484.76$ Total Task Hours 0.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.00 0.00 0.00 0.00 0.00 0.00 6.00 1,184.76$ $ 6,300.00 7,484.76$ TASK 4 Engineering Evaluation and Analysis -$
Engineering Evaluation and Analysis 2.00 2.00 4.00 855.71$ 855.71$ Total Task Hours 0.00 2.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.00 0.00 0.00 0.00 0.00 0.00 4.00 855.71$ -$ 855.71$ TASK 5 Draft and Final Reports -$
Draft and Final Reports 4.00 8.00 8.00 4.00 2.00 26.00 4,349.64$ 4,349.64$ Total Task Hours 0.00 4.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8.00 8.00 0.00 4.00 2.00 0.00 26.00 4,349.64$ -$ 4,349.64$ Subtotal- Hours/Tasks 1.00 13.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 38.00 8.00 0.00 4.00 11.00 0.00 75.00 Annual Rate Increase: 3% 13,266.42$ DIR Determination: NC-63-3-9-2025-1 17,931.50$ Overtime and Graveyard Charges May Apply -$ (*) Indicates Key Staff Yes 31,197.92$ (**) Indicates Prevailing Wage Classifications No Crawford & Associates, Inc. - Tasks and Descriptions
TOTAL LABOR COST:
ANTICIPATED SALARY INCREASE:
Billable overtime and double time allowed:
TOTAL ESTIMATED FEE:
HOURS PER TASK
LABOR COST PER TASK
OTHER DIRECT COSTS
TOTAL COST PER TASK
TOTAL OTHER DIRECT COSTS:
ATTACHMENT B
Consultant Crawford & Associates, Inc.
Project No. 26-2098.P Contract No. 0 Date 8/12/2026
Project Name City of Ceres Herndon Avenue Rehabilitation
DIRECT LABOR
Hours Actual Hourly Rate Total
Principal * 1.00 $82.29 82.29$
Senior Project Manager 13.00 $74.06 962.78$
Construction Services Director * 0.00 $72.44 -$
Project Manager II 0.00 $69.00 -$
Project Manager I 0.00 $63.45 -$
Senior Engineer II 0.00 $62.83 -$
Senior Engineer I 0.00 $59.14 -$
Senior Geologist 0.00 $52.02 -$
Project Engineer III / Geologist III 0.00 $49.03 -$
Project Engineer II / Geologist II 38.00 $46.27 1,758.26$ Project Engineer I / Geologist I 8.00 $42.57 340.56$
Staff Engineer / Geologist 0.00 $34.80 -$
Drafter 4.00 $33.48 133.92$
Project Coordinator 11.00 $41.20 453.20$
Staff Technician 0.00 $31.42 -$
Special Inspector 0.00 $39.14 -$
Senior Technician 0.00 $34.51 -$
Special Inspector I **Group 1 0.00 $60.90 -$
Special Inspector II **Group 2 0.00 $56.44 -$
Laborer Technician **Group 2 and 3 0.00 $39.91 -$
Soils/Asphalt Technician **Group 3 0.00 $52.79 -$
Concrete Technician **Group 4 0.00 $48.41 -$
75 LABOR COSTS
a) Subtotal Direct Labor Costs 3,731.01$
b) Anticipated Salary Increases (see page 2 for calculation) -$ c) TOTAL DIRECT LABOR COSTS [(a) + (b)] 3,731.01$
INDIRECT COSTS
d) Fringe Benefits Rate: 76.88% e) Total Fringe Benefits [(c) x (d)] 2,868.40$ f) Overhead Rate: 126.37% g) Overhead [(c) x (f)] 4,714.88$ h) General & Administrative Rate: 20.00% i) Gen & Admin [(c) x (h)] 746.20$ 223.25%
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] 8,329.48$
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee 10.00% ] 1,205.93$ l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE
Quantity Unit Unit Cost Total
Crawford Laboratory Testing 1 Cost Lump 6,300.00$
Outside Laboratory Testing 0 Cost Lump -$
Fuel Cost 33 Gallons 5.50$ 181.50$
Vehicle Charge 2 Day 75.00$ 150.00$
Drilling 1 Cost 6,000.00$ 6,000.00$
Traffic Control - Major 1 0 3,100.00$ 3,100.00 $
Traffic Control Plans 8 Each 275.00$ 2,200.00$
17,931.50$
m) SUBCONSULTANT'S COSTS (Add additional pages if necessary) Subconsultant 1: -$ -$
Subconsultant 2: -$ -$
m) TOTAL SUBCONSULTANT'S COSTS -$
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] 17,931.50$ TOTAL COST [(c) + (j) + (k) + (n)] 31,197.92$
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Combined ICR %:
Description of Item
TBD
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COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS COST PROPOSAL 1
Mark-ups Not Allowed
TBD
NameClassification/Title
Prime Consultant Subconsultant 2nd Tier Subconsultant
ATTACHMENT B
COST PROPOSAL 1
1. Calculate Average Hourly Rate for 1st Year of the Contract (Direct labor subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
3,731.0100$ = 49.75
2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate
Year 1 $49.75 + = $51.24 Year 2 Avg Hourly Rate
Year 2 $51.24 + = $52.78 Year 3 Avg Hourly Rate
Year 3 $52.78 + = $54.36 Year 4 Avg Hourly Rate
Year 4 $54.36 + = $55.99 Year 5 Avg Hourly Rate
3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Total Hours
per Year
Year 1 100% * = 75.00 Est Hours Year 1
Year 2 0% * = 0.00 Est Hours Year 2
Year 3 0% * = 0.00 Est Hours Year 3
Year 4 0% * = 0.00 Est Hours Year 4
Year 5 0% * = 0.00 Est Hours Year 5
Total 100% = 75.00
Year 1 $49.75 * = $3,731.01 Est Hours Year 1
Year 2 $51.24 * = $0.00 Est Hours Year 2
Year 3 $52.78 * = $0.00 Est Hours Year 3
Year 4 $54.36 * = $0.00 Est Hours Year 4
Year 5 $55.99 * = $0.00 Est Hours Year 5
Total Direct Labor Cost with Escalation = $3,731.01
Direct Labor Subtotal before Escalation = $3,731.01
Estimated Total of Direct Labor Salary Increase = $0.00 (Transfers to Page 1) NOTES:
1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.
2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 years = $25,000 is not an acceptable methodology)
3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
4. Calculations for anticipated salary escalation must be provided.
0 Direct Labor Subtotal Total Hours
Total
per Cost Proposal per Cost Proposal
75 Proposed Escalation
0 0
Avg Hourly Rate Estimated hours
0 Cost per Year
4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated % Total Hours
Completed Each Year
(calculated above)
per Cost Proposal
75 75
75 75
75 Year 1 Avg Hourly Rate
CALCULATIONS FOR ANTICIPATED SALARY INCREASE
75 3.0%
3.0%
3.0%
3.0%
(calculated above)
ATTACHMENT B
COST PROPOSAL 1
1. Generally Accepted Accounting Principles (GAAP)
2. Terms and conditions of the contract
3. Title 23 United States Code Section 112 - Letting of Contracts
4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures
5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related
6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board Prime Consultant or Subconsultant Certifying:
Name: Title *:
Signature : Date of Certification: 8/12/2026
Email: Phone Number:
Address:
List services the consultant is providing under the proposed contract:
Geotechnical Design Services
CERTIFICATION OF DIRECT COSTS
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.
Local governments are responsible for applying only cognizant agency approved or Caltrans accepted In direct Cost Rate(s).
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
Crawford & Associates, Inc., 4701 Freeport Blvd., Sacramento, CA 95822 [email protected] (916) 455-4225
Benjamin D. Crawford President
ATTACHMENT B
ATTACHMENT C
Budget Amendment No.
Fiscal Year 2027
Reference Resolution No . 26- , dated September 026, authorizing appropriations for CML-5241(074) Bike Lane Corridors - Class II in the amount of $18,964.28 as follows:
Appropriations:
Org. ObjectFund Name
27195 800500 ENG2226Measure L Funds
$ 18,964.28
223,840.00
$ 242,804.28
Estimated Revenues:
Fund Name Org. Object Appropriation
Amount
Additional Estimated Revenue $0.00
Current Estimated Revenue
Total Estimated Revenue $0.00
Fiscal Impact:
Project
(if appl.)
Project
(if appl.)
Requested Appropriation
Current Appropriation
Total Appropriation
Appropriation
Amount
$ 18,964.28
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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: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Joshua Casas, Public Works Superintendent, [email protected] Subject: Public Works Monthly Report for July 2026
Recommended Council Action:
Information only, no action required
Background:
FACILITY SERVICES:
Completed 98 Facilities Maintenance work orders, including 35 service requests for electrical/lighting, plumbing repairs, HVAC issues, locksmith tasks, and general repairs, as well as 62 preventive maintenance services.
• Don Pedro Park, Graffiti on 3 fence sections, playground signs, sidewalk, and tree
• River Bluff Concession: Vandalized, front door, door lock set and roll up doors • Legion Hall: 5-ton A/C unit repaired during event
• Smyrna Park: trash can door repaired after door was ripped off trash can • Fire Station 19, Extractor repaired and a new pump installed • River Bluff Park: Entrance gate repaired after gate was vandalized • Waste Water Treatment: A/C unit in break room repaired • Costa Ball Fields Concession; Evap cooler repaired new motor and water pump • Community Center: A/C unit in classroom repaired
• Fire Station 18, Installed new A/C furnace
• Custodial staff cleaned and disinfected all City facilities, unlocked, cleaned and disinfected all park restrooms, including trash and litter pickup in all parks. • Continued cleanup of homeless camps at Independence Park and Roeding Park with assistance from Code Enforcement.
Facility Services activities are performed by one (1) Supervisor, zero (0) Senior
Maintenance Workers, zero (1) Facility Maintenance Workers, and four (4) Custodians.
One (1) Senior Facility Maintenance Worker position and one (1) Custodial position remain vacant.
FLEET SERVICES:
Completed 104 work orders.
Fleet - Department 20
• Completed (15) repairs.
• Compleat annual crane and lift inspections
Fire - Department 15
• No significant repairs or maintenance activities.
Police - Department 10
• Performed 43 vehicle repairs.
• Perform 9 services
• Repair a/c on unit 10-227-13
• Service DUI trailer
Streets - Department 30
• Performed 18 vehicle repairs.
• Performed 6 street sweeper repairs
• Repaired small equipment
Water - Department 35
• Performed 7 vehicle repairs.
• Performed 2 services
• Repaired Ditch Witch.
Parks - Department 40
• Performed 12 vehicle repairs.
• Performed 2 A/C repairs
Wastewater - Department 25
• Performed 5 vehicle services
• Repair crane
Facilities - Department 41
• Completed 3 vehicle repairs.
• Replace 3 batteries
Emergency and non-emergency City vehicles and equipment are maintained by one (1) Supervisor, two (2) Maintenance Mechanics, and one (1) vacant Senior Fleet Mechanic position.
LANDSCAPE MAINTENANCE:
Completed 275 service requests in the following categories:
• Bike Path Repairs: 0 done
• City Grounds Maintenance: 6
• Park Landscape and Maintenance: 196
• Park landscape chemical usage: 350 gallons. 6 Parks
• Playground and Equipment Repairs: 2
• Playground and Equipment Inspections: 13 inspections and (1) repairs. • Right-of-Way (ROW) Irrigation Repairs: 33 sprinklers. Multiple locations. • Park Trees Trimmed by Parks crews: 11
• Customer Requests for Tree/Limb Down: 13
Irrigation Repairs and Maintenance
• Barry Grove: One (1) maintenance repair.
• Costa Fields: No updates.
• Don Pedro: One (1) vandalism-related repair.
• Independence: Six (2) vandalism-related repairs.
• Ochoa Park: Scada issues Reset valve groups from 4 to 12 (ongoing) Adjusted Four (4) next to the well area. Manually running at night to continue watering. • Dog Park: Zero (0) maintenance repair.
• Neel Park: Three (3) maintenance repairs.
• Persephone: One (1) vandalism-related repair.
• Redwood: Zero (0) maintenance repairs.
• River Bluff: One (1) maintenance repair.
• Riverview: One (1) maintenance repair.
• Roeding Heights: Two (2) maintenance repairs (due to sand) • Sam Ryno: Three (3) maintenance repairs.
• Smyrna: Twenty-three (23) maintenance repairs
• Strawberry: Two (1) maintenance repairs.
• Whitmore: Zero (0) vandalism-related repairs.
General Parks Maintenance and Repairs
• Graffiti removal was completed at River Bluff, Roeding, Smyrna, Don Pedro and Independence Parks.
• A vehicle accident on Aristocrat Road will need to be removed. Report made • West Coast Arborists (WCA) continues handling emergency tree requests. • 4 Tree emergencies were done by WCA.
Rights-of-Way (ROW)
• All ROW irrigation systems have been activated as inspections continue. 98% completed
Berry Grove
• Playground requires additional fiber equipment.
• One (1) maintenance repair.
Costa Fields
• No Update
Don Pedro Park
• Three (1) vandalism-related repairs.
• Park sprayed
Independence Park
• The playground remains closed due to fire damage pending insurance reimbursement.
• Repaired vandalized fence in the playground.
Guillermo Ochoa Park
• Park continues to experience SCADA communication issues. • Playground repeated repairs on rope carousel.
• Park sprayed
Lions Park
• No Update
Neel Park
• Four (3) maintenance repairs.
• Cleaned the area next to the school, and wildflower area. • Park sprayed.
Persephone Park
• One (1) vandalism-related repair.
Redwood Park
• No updates
River Bluff Park
• One (1) maintenance repair.
• Trimmed Six (6) trees. Removed Eight (8) broken limbs. • Mowed and trimmed along the table area at River Bluff Park Lower Area. • Four (4) Damaged goals (Fields 2,3 and 4) Report made • Helped in removing trash. Upper and Lower.
Riverview Park
• One (1) maintenance repair.
Roeding Park
• Continued flushing of the irrigation well due to sand sediment. • Replaced Two (2) sprinkler heads damaged by sand.
Sam Ryno Park
• Repaired three (3) sprinklers were repaired.
• Park sprayed.
Smyrna Park
• Repaired Twenty-Three (23) maintenance repairs.
• Redistributed playground fiber in lower areas.
• Helped in removing trash.
• Sprayed Park.
Strawberry Fields Park
• One (1) maintenance repair.
• Scada Repairs on the drive, park irrigation down for 2 weeks. Park has greatly improved.
• Sprayed Park.
Whitmore Park
• Sprayed Park.
Landscape Maintenance activities are performed by one (1) Supervisor, one (1) Senior Parks Maintenance Worker, and four (4) Parks Maintenance Workers, One (1) vacant.
Parks Maintenance Worker one.
SOLID WASTE & RECYCLING:
The Solid Waste Division’s work is performed by one (1) Administrative Analyst. • Highlights of solid waste and recycling collection by Bertolotti for July 2026 • Residential......................................................... 1,314.99 tons • Commercial....................................................... 1,194.00 tons • Illegal dump/Litter Abate (code enforcement)... 7.52 tons • Illegal dump/Litter Abate (Public Works Staff) ... 0 tons • Illegal dump (Bertolotti)..................................... 0.00 tons • Bulky Items........................................................ 31.94 tons • Bulky Recycling................................................. 1.60 tons • Leaf/Limb........................................................... 12.45 tons • Street Sweep..................................................... 118.30 tons • Residential Organics.......................................... 510.31 tons • Commercial Organics........................................ 118.09 tons • Residential recycling......................................... 148.75 tons • Commercial Recycle.......................................... 128.21 tons • C&D (Construction/Demolition Debris).............. 49.12 tons • Used Oil............................................................. 242 gallons • Used Oil Filter.................................................... 62 • There were 15 Residential and Commercial cart violations issued in July • There were 2 Leaf & Limb Program violations issued in July by public works staff.
• There were 2 requests for the off-season residential Leaf & Limb collection service offered by Bertolotti Disposal in July.
STREETS SERVICES:
• Responded to 60 customer service requests.
• Responded to 260 Underground Service Alerts (USA’s)
• Repaired 6 streetlights
• Eliminated 12 ADA sidewalk offsets.
• Cleaned 2 storm drain lift stations.
• Cleaned 13 DI’s.
• Cleaned 39,774 feet of storm drain pipeline.
• Cleaned 2 dry wells.
• Responded to 9 blight and graffiti removal locations. Total weight, 8,280 lbs. • Picked up numerous illegal dumps.
• Cleaned and removed weeds from Whitmore/Eastgate Island. • Removed weeds from Whitmore planter strip, Moore Rd to Eastgate. • Installed a BBS replacement unit at Whitmore/Blaker.
• Patched 347 potholes.
Streets Division maintenance is performed by one (1) Supervisor, two (2) Senior Maintenance Workers, six (6) Streets Maintenance Operators, one (1) Street Sweeper Operator, and two (2) part-time Streets/Code Enforcement Maintenance Workers.
WASTEWATER (WRRF):
• Responded to 7 customer service requests and 65 sewer issues, during working hours and after hours.
• Staff responded to 4 Smart Cover alerts & alarms that prevented Sanitary Sewer Overflows (SSO’s).
• Serviced or Repaired:
• Lift Stations – 15
• WWTP Equipment – 39
• Main line sewer plugs – 0
• Aerators – 14
• 1 Aerator was removed from service due to motor failure. • 13 aerators were serviced. Aerators are floating mixers that are used in the wastewater treatment plant lagoon system to provide mixing and introduce oxygen that microorganisms use to break down the wastewater.
Servicing the aerators requires operators to go out in a boat to access the aerators. From the boat the aerators are inspected, cleaned, and greased.
• Staff inspected the forced main to Turlock.
• Staff cleaned 34,584 feet of sewer main line.
• Staff CCTV inspected 4,306 feet of main sewer line.
• Staff continues the process of updating the Wastewater Discharge Report (WDR) and Sewer Master Plan (SMP). Staff collected data and attended meetings regarding the Ceres Water Resource Recovery Facility upgrades.
• Staff are putting together a “critical parts” list and working on procurement of back-up parts. For use in case of critical part failures. This list and these back-up parts are for parts that are not readily available, are custom, or have long lead times. • The WRRF (Water Resource Recovery Facility) and sewer collections system continue to struggle with grease and discharge problems. An admin analyst position was filled to help with developing a more effective Fats, Oils, Grease (FOG) program.
This position will organize facilities, handle discharge permitting, & inspections of facilities to ensure compliance with city ordinances.
The best way to handle grease and discharge issues is at the source, because once it is discharged into the collection system there is no effective means of stopping it. By the time the effects are noticed, the damage is done.
• Staff attended a construction kick-off meeting for the WRRF solar project
• Staff worked with Rolfe construction to replace a broken lift station lid and repair a broken wastewater effluent distribution box & gate valve.
• Staff responded to 297 USA requests, preventing contractors and other utilities from damaging city infrastructure.
• City of Turlock sewer usage charge for the month of June:
$129,338.93
• City of Modesto sewer usage charge for the month of April:
$153,702.68
• Effluent Biochemical Oxygen Demand (BOD) 115 mg/L.
• The Wastewater Treatment Plant treated and disposed of 74.22 MG (Million Gallons) of wastewater with an average of 2.39 MGD (Million Gallons per Day).
Ceres Wastewater Treatment Plant and Collections System operations and maintenance are performed by one (1) Supervisor, one (1) Administrative Analyst, two (2) Sr. Wastewater Operators, two (2) Operator II, three (3) Operator I, and two (2) Operators in Training. Wastewater is currently fully staffed.
WATER SYSTEM MAINTENANCE:
Water, Department 35
• July 2026, well production was 86.32 million gallons. • Treated Water delivered from SRWA was 155.02 million gallons. • Average daily water use for July was 2.78 million gallons per day. • Water staff responded to 23 customer service requests. • Water staff responded to 91 Underground Service Alerts (USA) markings. • Meter statistics and repairs:
• Meters in water distribution system: 11,923
• Meters/radios serviced: 101
• Meters replaced: 23
• Meters upgraded from ¾”, 5/8” to 1”: 8
• Total valves in water distribution system: 4,402
• Blow-offs and hydrants flushed: 15
• Service line leaks: 7
• Service lines replaced: 3
• Hydrants replaced or reset: 1
• Water quality samples taken: 52
The 6th Street water main replacement and the transmission line extension on Hatch Road are still underway.
Water Conservation, Department 36
• July 2026 calculated residential gallons used per person per day: 98 gallons
• The annual average is 72.25 gallons per person per day. • Responded to 18 water conservation service requests.
• The water portal has 517 residents registered, which is 8 more than the previous month.
• Issued courtesy notifications: 93
• Performed 0 water audits.
• Delivered 62 water waste warnings and issued 4 water waste fines. • Rebates issued: Dishwasher: 0, Smart Irrigation: 0, ULF Toilets: 0, washing machine: 0, and Turf Replacements: 0
• Total Rebates YTD: 42
In previous reports, staff have reported water production data compared to a target-based 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 2026 production data to date with the most recent UWUO.
Water system maintenance is performed by one (1) Superintendent, one (1) Supervisor, one (1) Administrative Analyst, two (2) Senior Water Operators, eleven (11) Water Distribution Operators, two (2) Field Service Technicians, and one (1) Water Conservation Officer.
Reasons for Recommendation:
N/A
Fiscal Impacts:
N/A
Existing Policy / Relationship to the Strategic Plan:
N/A
Policy Alternatives:
N/A
Interdepartmental Coordination
N/A
Public Participation:
N/A
Environmental Review:
N/A
Steps Following Approval:
N/A
Attachments:
None
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: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Joshua Casas, Public Works Superintendent, [email protected] Subject: Resolution
Authorizing the Interim City Manager to Approve a Purchase Order with Muniquip, LLC, for Hidrostahl Betsy Portable Pump System in the Amount of $121,972.81 for the Wastewater
Treatment Plant
Recommended Council Action:
Staff recommends that the City Council authorize the City Manager to approve a purchase order with Muniquip, LLC for a Hidrostahl Super Betsy portable pump system in the amount of $121,972.81 for the Wastewater Treatment Plant.
Background:
The existing 6-inch pump housed at the Wastewater Treatment Plant is being replaced to comply with California Air Resources Board (CARB) emissions regulations. This pump is used to convey wastewater as needed throughout the City's sewer and storm collection systems and at the Wastewater Treatment Plant.
The City of Ceres sewer collection system consists of 14 sewer lift stations and approximately 140 miles of sewer pipeline. Reliable operation of this system depends on the integrity of the lift station infrastructure and the availability of emergency power.
Staff have identified several vulnerabilities within the existing system that could impact service continuity.
Lift Station Control Failure: Although the lift station control panels are equipped with provisions for backup power, a failure or damage to a control panel would render the station inoperable, leaving no practical means of maintaining pumping operations until repairs are completed.
Simultaneous Pump Clogging: If both lift station pumps become clogged and continue to plug repeatedly, the City's only available response has been to vacuum the wet well,
which is time-consuming and can result in extended service disruptions.
Bypass Pumping Needs: During sewer main failures, emergency repairs, or planned construction projects, a portable bypass pumping system is necessary to maintain uninterrupted sewer service while the affected section of pipeline is taken out of service.
Reasons for Recommendation:
Staff recommends purchasing the Hidrostahl Super Betsy portable pump system as a replacement for the current 6-inch pump to improve the reliability and resiliency of the City's sewer collection system and wastewater treatment operations.
The Hidrostahl Super Betsy portable pump system is a self-contained, portable pumping system equipped with its own power source and integrated controls. It can be rapidly deployed and programmed to operate as a temporary lift station, restoring pumping operations significantly faster than permanent repairs can be completed.
The Hidrostahl Super Betsy portable pump system is capable of passing larger solids than the existing lift station pumps. In the event both station pumps become repeatedly clogged, the unit can be placed at almost any location and elevation within the wet well to continue pumping. Unlike the permanent pumps, which are fixed and draw only from the bottom of the wet well, the Super Betsy provides greater flexibility in addressing debris and changing operating conditions.
The Hidrostahl Super Betsy portable pump system can be deployed in a wide range of locations and programmed to operate automatically based on operator-defined set points. The unit can be locked, secured, and left unattended during operation. It also includes programmable alarms for both equipment status and pumping conditions, with the capability to automatically notify staff of operational issues, improving response times and reducing the risk of sanitary sewer overflows.
Fiscal Impacts:
This project will be funded through Wastewater Enterprise Funds, FY 2026/27 Operations Budget, account number 56725.051000, for $121,972.81. This planned expense was discussed during the FY 2026/27 Wastewater Operations Budget preparation.
Existing Policy / Relationship to the Strategic Plan:
Implementing the portable pump system aligns with the City of Ceres' strategic priorities for emergency readiness, operational efficiency, and cost-effectiveness. These efforts support the City’s ongoing commitment to be proactive.
Policy Alternatives:
Choosing not to move forward with purchase from Muniquip, LLC of the Hidrostahl Super Betsy portable pump system would require the City of Ceres to continue relying on traditional, time-intensive shutdowns and inspection methods across the entire sewer
system—regardless of actual need. The 6-in-pump will still need to be replaced to comply with California Air Resources Board (CARB) emissions regulations.
Interdepartmental Coordination
Public Participation:
Environmental Review:
Steps Following Approval:
Upon approval of this item, the City Manager will approve a purchase order with Muniquip, LLC for a Hidrostahl Super Betsy portable pump system for the Wastewater Treatment Plant in the amount of $121,972.81. Finance will initiate the Purchase Order, and the equipment will be ordered.
Attachments:
Attachment A - Resolution
Attachment B - Sole Source
Attachment C - Quote
Attachment D - Datasheet
ATTACHMENT A
RESOLUTION
AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE A PURCHASE
ORDER WITH MUNIQUIP, LLC, FOR HIDROSTAHL BETSY PORTABLE PUMP SYSTEM IN THE AMOUNT OF $121,972.81 FOR THE WASTEWATER TREATMENT PLANT
THE CITY COUNCIL
City of Ceres
WHEREAS, the existing six-inch pump at the Wastewater Treatment Plant is being replaced to comply with California Air Resources Board (CARB) emissions regulations and is used to convey wastewater throughout the City's sewer and storm collection systems and at the Wastewater Treatment Plant; and WHEREAS, the City of Ceres sewer collection system consists of fourteen (14) sewer lift stations and approximately 140 miles of sewer pipeline, and reliable operation of the system requires adequate emergency pumping capabilities to address lift station control failures, pump clogging, sewer main failures, emergency repairs, and planned construction projects; and
WHEREAS, the Hidrostahl Super Betsy portable pump system is a self-contained pumping system with its own power source and integrated controls that can be rapidly deployed to restore pumping operations, accommodate larger solids, operate at varying locations and elevations, and provide programmable alarms and automatic notifications to improve response times and reduce the risk of sanitary sewer overflows; and WHEREAS, the purchase of the Hidrostahl Super Betsy portable pump system from Muniquip, LLC in the amount of $121,972.81 will be funded through Wastewater Enterprise Funds, Fiscal Year 2026–2027 Operations Budget, Account No. 56725.051000, and the expenditure will not impact the Fiscal Year 2026–2027 Wastewater Operations Budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby authorize the Interim City Manager to approve a purchase order with Muniquip, LLC for a Hidrostahl Super Betsy portable pump system in the amount of $121,972.81 for the Wastewater Treatment Plant.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk
Date: 2/18/2026
To:
Re: MuniQuip LLC
SUBJECT: Sole authorized seller and OEM spares
To whom it may concern,
MuniQuip LLC is the sole authorized Hidrostal representative for municipal pumps in California. For assistance and complete information on all Hidrostal pumps, equipment, and parts, please contact MuniQuip LLC
2017 Opportunity Drive, Suite #4
Roseville, CA 95678
Office: (916) 787-5641
Email: [email protected]
We thank you for your consideration of Hidrostal products and look forward to serving your requirements in the future.
Sincerely,
Kesh Karunaratne
Director of Sales
Hidrostal LLC
T: 630 -890-9995
E: [email protected]
Muniquip LLC
2017 Opportunity Dr STE 4
ROSEVILLE, CA 95678 USA
+19168865443
[email protected]
Estimate
ADDRESS
MATTHEW WILLIAMS
CERES, CITY OF WWTP
CITY OF CERES
ATTN: ACCOUNTS PAYABLE
2720 SECOND STREET
CERES, CA 95307-3216
SHIP TO
MATTHEW WILLIAMS
CERES, CITY OF WWTP
City of Ceres
4200 MORGAN ROAD
CERES CA 95307
ESTIMATE # 28107
DATE 03/11/2026
SHIP VIA ESTIMATED LEAD TIME
best method 8 weeks
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
HIDROSTAL - E Super Betsy Portable Pump
Station. Model# IPS D 150-ES
Max pump rate 1457 gpm, max.
head: 144-ft, free solids passage:
3.6", Suction 8"/discharge 6"
1 98,438.00 98,438.00T
HIDROSTAL - E Custom trailer for Super Betsy
Portable Pump Station
1 14,109.00 14,109.00T
FREIGHT - E Pre-pay and Add Freight 1 0.00 0.00
This proposal is subject to the attached MuniQuip
Terms & Conditions and/or the Terms and
Conditions of the individual companies MuniQuip
has quoted.
MuniQuip, LLC reserves the right to adjust price
or apply any surcharges to orders due to the
enactment of new government tariffs.
SUBTOTAL 112,547.00
TAX 9,425.81
TOTAL $121,972.81
Accepted By Accepted Date
Technical modifications and errors reserved Page 1 of 4 Number Revision Language
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Datasheet IPS D 150-ES
SuperBetsy
Independent pump system
Main application areas
Construction / Industry / Municipality / Emergency
services
→ Sewer renovation
→ Emergencies (Overpumping)
→ Sewer rerouting
→ Wastewater treatment
→ Dewatering / Drainage of flooded areas
→ Pumping of high viscous media (bentonite, sludge, etc.) Operating principle
The environmentally friendly diesel engine of the independent pump system drives the hydraulics as well as the rotary vane vacuum pump connected via a maintenance-free V-ribbed belt. Following the controlled activation of the magnetic clutch of the vacuum pump the system will start priming until the medium to be pumped reaches the impeller of the Hidrostal screw centrifugal impeller pump. When the defined level is reached in the vacuum chamber, the electronically controlled magnetic clutch will be disconnected and the screw centrifugal impeller pump will pump the medium independently. This combined system is fast and energy-efficient and provides very large superior suction heights.
In automatic mode external probes control the cycles of operation of the SuperBetsy. The machine starts and stops reliably when it reaches preset level in the pump reservoir.
Main properties
→ Powerful → Low-maintenance
→ Excellent pump efficiency → Low total weight
→ Maximum clog resistance → Max solids passage
→ Fish-friendly → Low sound emission
→ Flow optimized suction and pressure pipes → Large suction heights → Manual and automatic operating mode → Remote control via GPS/GSM → Corrosion-free fuel tank made of Polyethylene → Trailer capable → Latest engine technology → Hidrostal hydraulics with original according to valid emission regulations screw centrifugal impeller
Technical modifications and errors reserved Page 2 of 4 Number Revision Language
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Datasheet IPS D 150-ES
Technical details
Hydraulics
Model E125-S03R + EFM1W-MQFFT
Flow rate max. (at 1400 rpm) gpm 1457.3
Flow rate max. (at 1900 rpm) gpm 1981.3
Discharge head max. (at 1400 rpm) ft 78.7
Discharge head max. (at 1900 rpm) ft 144.36
Free ball passage in 3.6
Maximum suction height ft 27.9
Pipe connections
Suction flange DN 200 (8“)
Discharge flange DN 150 (6“)
Nominal pressure stage PN 10 (145 psi)
Flange connection Universal (DIN / ANSI)
Vacuum pump
Type Rotary vane
Nominal pumping speed gpm 220.1
Engine
Manufacturer Hatz
Model 3H50TICD
Emission level EU / EPA V / Tier 4 final
Maximum power kW 43.7 (59.4 hp)
Power at 1500 rpm kW 29 (39.4 hp)
Speed range rpm 1400 - 1900
Capacity fuel tank gal 105.7
Operating time at 1500 rpm at BEP h 61
Main components
1 Sound proof canopy
2 Exhaust system
3 Diesel engine
4 Leakage pan with fuel tank
5 Hidrostal screw centrifugal impeller pump
6 Ball check valve
7 Priming chamber
8 Suction pipe
9 Suction flange
10 Discharge pipe
11 Discharge flange
Technical modifications and errors reserved Page 3 of 4 Number Revision Language
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Datasheet IPS D 150-ES
Technical details (continuation)
Control
Manufacturer Deep Sea Electronics
Model E800
Operating mode Manual / Automatic
Speed control Electronically
Canopy
Global dimension (lxbxh) in 94.8“ x 45.1“ x 70.7“
Sound pressure level Lp in 23 ft (at 1900 rpm) dB (A) 67 Weight with fuel lb 3938
Lifting point Central crane eye
Stackability Yes
Lashing eye 4 pieces
Sketch of the main dimensions
Selectable options
→ Package sensors - (GPS/GSM modul and antenna, pressure sensors [suction- / discharge pipe]) → Package operation safety - (additives to protect the diesel engine, battery master switch, battery charger) → Package light - (LED periphery lighting for night use, LED interior lighting, reinforced battery) → Package maintenance - (filters [engine, vacuum pump, vacuum chamber], oil [engine, vacuum pump]) → Trailer
→ Changeover valve for connecting an external fuel tank → Fuel tank in special size (material steel)
→ Vibration sensor
→ Canopy in special paintwork
→ Auxiliary heating for use in cold areas
→ Additional elements for level monitoring in automatic mode (float switch set, flood probe) → Extended warranty (2 or 4 years)
Technical modifications and errors reserved Page 4 of 4 Number Revision Language
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Datasheet IPS D 150-ES
Pump curve
The pictured curve shows the real performance curve of the SuperBetsy between the suction- and discharge sides.
The pressure losses in the machine are considered!
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: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Joshua Casas, Public Works Superintendent, [email protected] Subject: Resolution
Approving the Professional Services Agreement with Advanced Integration & Controls for Phase 1 of the City of Ceres SCADA Upgrade in the Amount of $244,908.00 and Authorizing the Interim City Manager to Execute the Agreement
Recommended Council Action:
Staff recommends that the City Council approve the Professional Services Agreement with Advanced Integration & Controls (AIC) for Phase 1 of the City of Ceres SCADA Upgrade in the amount of $244,908.00 and authorize the Interim City Manager to execute the agreement on behalf of the City.
Background:
The City of Ceres ("City") has experienced ongoing reliability and communication issues with its Supervisory Control and Data Acquisition (SCADA) system for approximately one year. The City's SCADA system is a critical component of its water, wastewater, and other essential infrastructure operations. The system allows City staff to remotely monitor and control equipment, receive system alarms, identify operational conditions, and respond to issues at facilities throughout the City's utility systems.Over the past year, the City has made numerous attempts to address SCADA reliability and communication issues through contractors and equipment vendors. While these efforts have addressed individual problems as they have occurred, the City has continued to experience recurring issues. As a result, staff reevaluated the City's approach to SCADA repairs and determined that continuing to address individual failures without addressing the underlying system deficiencies was not a sustainable long-term solution.
The City's SCADA servers, system architecture, and associated equipment are more than 15 years old. The age of the system has contributed to increasing reliability and communication concerns and has also created cybersecurity deficiencies that require attention. The City must modernize its SCADA infrastructure to improve system
reliability, strengthen cybersecurity, and establish a system that can be effectively maintained and supported into the future.
The City also needs to address cybersecurity requirements and recommendations applicable to critical water and wastewater infrastructure. The State Water Resources Control Board has increased its focus on cybersecurity protections for water and wastewater systems, creating an additional need for the City to modernize and secure its SCADA network.
Based on these concerns, City staff reevaluated the use of available funding for ongoing SCADA repairs and determined that a comprehensive professional evaluation and upgrade plan would provide a more effective approach. The City subsequently issued a Request for Qualifications (RFQ) seeking a qualified firm with the experience and technical expertise necessary to evaluate the City's existing SCADA system and provide services related to system reliability, industrial controls, cybersecurity, communications, and modernization.
Following the RFQ evaluation process, Advanced Integration & Controls (AIC) was determined to be the most qualified firm. AIC has conducted inspections and evaluations of the City's existing SCADA system and has developed a phased approach to address the City's most critical deficiencies.
The proposed agreement represents Phase 1 of the City's SCADA Upgrade. The phased approach allows the City to address its most immediate operational needs while establishing a foundation for future modernization of the City's SCADA infrastructure.
Reasons for Recommendation:
Staff recommends approval of the agreement based on AIC's qualifications, its familiarity with the City's existing SCADA infrastructure, and the phased approach proposed to address the City's immediate and long-term needs. AIC was determined to be the most qualified firm through the City's RFQ process. The firm has already performed inspections and evaluations of the City's SCADA system and has identified deficiencies affecting the reliability, communications, and cybersecurity of the existing network. This existing knowledge of the City's system will allow AIC to move directly into the implementation of the recommended improvements.
Phase 1 focuses on addressing critical communications and reliability issues affecting essential City infrastructure. This includes improving communications with facilities such as the City's water wells, wastewater treatment plant, and other critical infrastructure that rely on the SCADA system for monitoring and operational control.
Reliable SCADA communications are important to the City's ability to monitor critical facilities, receive alarms, identify equipment failures, and respond to operational issues.
Improving these communications will provide staff with greater visibility into the City's utility systems and reduce the City's reliance on temporary repairs and workarounds.
The proposed work will also begin addressing deficiencies within the City's SCADA
network related to cybersecurity. Modernizing the system's architecture and implementing appropriate security measures will improve the City's ability to protect critical infrastructure and bring the system closer to current industry standards and applicable regulatory expectations.
The phased approach provides the City with a structured method for modernizing an aging system rather than continuing to dedicate resources primarily toward troubleshooting and repairing individual failures. Approval of this agreement will allow the City to address the most immediate deficiencies while evaluating and planning for subsequent phases of the overall SCADA modernization effort.
Approval of this agreement is limited to Phase 1 and does not obligate the City to proceed with future phases without additional review, funding authorization, and appropriate City approval.
Fiscal Impacts:
The proposed Professional Services Agreement with Advanced Integration & Controls for Phase 1 of the SCADA Upgrade is $244,908.00.
Funding for the agreement will be provided through the City's available budgeted funding designated for SCADA improvements and related utility infrastructure needs.
These costs were budgeted within the Water & Wastewater budgets for FY 26-27. The proposed expenditure represents an investment in the City's existing critical infrastructure and is intended to reduce the City's reliance on repeated short-term repairs while addressing the underlying reliability and cybersecurity deficiencies within the SCADA system.
This agreement will not affect the general fund.
Existing Policy / Relationship to the Strategic Plan:
The proposed agreement supports the City's strategic goals related to maintaining reliable infrastructure, providing dependable water and wastewater services, protecting critical City assets, and ensuring the long-term sustainability of essential public infrastructure.
Modernizing the City's SCADA system will improve the City's ability to monitor and operate critical water and wastewater facilities, increase system reliability, and improve the City's cybersecurity posture. The project also supports the City's long-term infrastructure planning by replacing aging technology and establishing a more sustainable platform for future system improvements.
Policy Alternatives:
The City Council may approve the Professional Services Agreement with Advanced Integration & Controls for Phase 1 in the amount of $244,908.00 and authorize the Interim City Manager to execute the agreement. This would allow staff and AIC to proceed with the first phase of the SCADA modernization effort and address the most immediate reliability, communication, and cybersecurity deficiencies.
Alternatively, the City Council may reject the proposed agreement and direct staff to pursue another approach to addressing the City's SCADA issues. This could include continuing to utilize individual contractors and vendors to troubleshoot and repair system failures as they occur, conducting additional procurement, or developing a different implementation strategy. Such an approach could result in additional delays and continued reliance on the City's aging SCADA infrastructure.
The City Council may also provide alternative direction to staff regarding the scope, timing, or funding of Phase 1.
Interdepartmental Coordination
N/A
Public Participation:
N/A
Environmental Review:
N/A
Steps Following Approval:
Following City Council approval, the Interim City Manager will execute the Professional Services Agreement with Advanced Integration & Controls in the amount of $244,908.00.
Upon execution of the agreement, staff will coordinate with AIC to establish a project schedule and begin implementation of Phase 1. AIC will proceed with the work necessary to address the City's most critical SCADA communication, reliability, and cybersecurity deficiencies, including improvements associated with critical water, wastewater, and other City infrastructure.
Attachments:
Attachment A - Resolution
Attachment B - Agreement
Attachment C - Proposal
ATTACHMENT A
RESOLUTION
APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED INTEGRATION & CONTROLS FOR PHASE 1 OF THE CITY OF CERES SCADA UPGRADE IN THE AMOUNT OF $244,908.00 AND AUTHORIZING THE INTERIM
CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, the City of Ceres ("City") operates a Supervisory Control and Data Acquisition (SCADA) system that is critical to the operation and monitoring of the City's water, wastewater, and other essential infrastructure; and WHEREAS, the City has experienced ongoing SCADA reliability and communication issues for approximately one year and has made numerous attempts to address these issues through contractors and equipment vendors; and WHEREAS, the City's existing SCADA servers, system architecture, and related equipment are more than fifteen (15) years old and have experienced increasing reliability, communication, and cybersecurity deficiencies; and WHEREAS, the City issued a Request for Qualifications to identify a qualified professional services provider with the technical expertise and experience necessary to evaluate and upgrade the City's SCADA system, including system reliability, communications, cybersecurity, and critical infrastructure controls; and WHEREAS, Advanced Integration & Controls was determined to be the most qualified firm through the City's evaluation process; and WHEREAS, Advanced Integration & Controls has conducted inspections and evaluations of the City's existing SCADA system and has identified deficiencies affecting the reliability, communications, and cybersecurity of the City's SCADA network; and
WHEREAS, Advanced Integration & Controls has developed a phased approach to address the City's SCADA deficiencies, with Phase 1 focused on addressing immediate communication and reliability needs associated with critical infrastructure, including the City's water wells, wastewater treatment plant, and other necessary City facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres does hereby approve the Professional Services Agreement with Advanced Integration & Controls for Phase 1 of the City of Ceres SCADA Upgrade in the amount of
$244,908.00 and authorizes the Interim City Manager to execute the agreement.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 28th day of September, 2026 (the “Effective Date”), by and between the City of Ceres, a California municipal corporation (“City”), and Advanced Integration & Controls, a California corporation (“Professional”). City and Professional may herein be referred to individually as a “Party” and collectively as the “Parties.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform SCADA Upgrade services for the City (the “Project”).
B. Professional has submitted a proposal to City to provide such professional services.
A description of the services Professional proposes to provide (“Services”) is attached hereto as EXHIBIT A: Services. City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement, which shall be included in the Scope of Services in EXHIBIT A.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 31 of this Agreement, Section 1 through 31 shall prevail.
Section 2. Term. The term of this Agreement shall be included in the Scope of Services in EXHIBIT A.
Section 3. Extension of Agreement. N/A
Section 4. Work.
4.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in EXHIBIT A. If any conflicts exist between the terms of this Agreement and EXHIBIT A, the terms of this Agreement shall control.
Any request for Services not included in EXHIBIT A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Professional shall not receive
ATTACHMENT B
additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
4.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in EXHIBIT A. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the rates to be paid to Professional. The Services shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance, or such other terms or conditions mutually agreed upon by the Parties.
4.3. Professional Requested Modification in Services. Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(i) be supported by substantial evidence that the work is outside the Services; and (ii) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; and
(b) City agrees that the work requires a Modification;
Section 5. Compensation.
5.1. Amount, Time, and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in EXHIBIT A. City’s total compensation to Professional shall not exceed Two Hundred Forty Four Thousand and Nine Hundred Eight Dollars ($244,908) (“Maximum Payment”) unless the Parties mutually agree in writing otherwise. Professional 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 Professional anticipates and that Professional shall not be entitled to additional compensation unless agreed otherwise by the Parties.
5.2. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
5.3. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
ATTACHMENT B
5.4. Reimbursement. N/A
Section 6. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”).
Section 7 Time of Performance. Professional will commence performance of the Services within Thirty (30) calendar days of the date the Notice to Proceed. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
Section 8. Professional’s Resources. Professional shall, at its sole cost and expense, furnish all facilities, equipment, materials, information, personnel, and administrative assistance which may be required to perform its obligations under this Agreement, with the exception of items of City assistance specified in EXHIBIT A.
Section 9. Duties of City. In order to permit Professional to render the services required hereunder, City shall, at its expense and in a timely manner: (a) Provide such information as Professional may reasonably require to undertake or perform the Services; (b) Promptly review any and all documents and materials submitted to City by Professional in order to avoid unreasonable delays in Professional’s performance of the Services; and (c) Promptly notify Professional of any fault or defect in the performance of Professional’s services hereunder.
Section 10. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with this Agreement.
Section 11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
Section 12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in EXHIBIT A and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any
ATTACHMENT B
licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.
12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a manner consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. Professional shall perform its services as expeditiously as is consistent with such professional skill and care and as necessary for the orderly progress of the Project. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
Section 13. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes, regulations, and permits of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes, and regulations, including the administrative policies and guidelines of City pertaining to the work. Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury, or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City Manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the
ATTACHMENT B
following information: (a) Name and address of the injured or deceased person(s); (b) Name and address of Professional's subcontractor, if any; (c) Name and address of Professional's liability insurance carrier; and (d) A detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City Manager.
Section 14. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City’s General Counsel on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.
Section 15. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City’s point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
ATTACHMENT B
All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in EXHIBIT A.
Upon the conclusion of the Term or in the event of Termination of this Agreement, Professional agrees, at its expense and in a timely manner, to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors, or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
Section 16. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
Section 17. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
Section 18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
Section 19. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional (“Termination”). In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
ATTACHMENT B
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination. (d) Notwithstanding this Section, this Agreement may be terminated by City for cause based on the loss or suspension of any licenses, permits or registrations required for the continued provision of the Services, or Professional’s malfeasance. Termination of the Agreement for cause as set forth in this Section shall relieve City from compensating Professional.
Section 20. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
Section 21. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
Section 22. Dispute Resolution. Terms shall be included in the Scope of Services in EXHIBIT A.
ATTACHMENT B
Section 23. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance.
Professional shall maintain coverage as follows:
23.1. General Liability. Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Two Million Dollars ($2,000,000.00).
23.2. Workers’ Compensation Insurance and Employer's Liability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollar ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollar ($1,000,000.00) limit for each employee’s bodily injury by disease.
23.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
23.4. Commercial Automobile Liability. Professional shall carry commercial automobile liability insurance in the amount of One Million Dollars ($1,000,000) or greater per occurrence for owned, leased, hired, and borrowed automobiles.
23.5. Waiver of Subrogation. With the exception of errors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Professional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
Section 24. Additional Insurance Requirements. Within five (5) days of the commencement of the Term, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled,
ATTACHMENT B
suspended, reduced, or voided. With the exception of the workers’ compensation and errors and omissions liability insurance, all of the insurance policies required in this Agreement shall:
(a) Provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) Name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work, or operations performed by or on behalf of Professional; (c) Cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) Be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self-insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) Contain standard separation of insured provisions; and (f) State that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
Section 25. Indemnification by Professional. To the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.8), Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless the City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities.
With respect to third-party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
Section 26. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Section 27. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for
ATTACHMENT B
its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency, or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
Section 28. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 29. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
Section 30. Notices. Any notice or communication required hereunder between City and Professional must be in writing, and may be given either personally, by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. Notices given by registered or certified mail shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, (b) on the date delivered as shown on a receipt issued by the courier, or (c) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at the addresses in this paragraph set forth below:
If to City: City of Ceres
Attn: City Manager
2220 Magnolia Street
Ceres, California 95307
With courtesy copies to: White Brenner LLP
Attn: Nubia I. Goldstein
1608 T Street
Sacramento, CA 95811
Section 31. General Provisions.
A. Modification. No alteration, modification, or termination of this Agreement shall be valid unless made in writing and executed by all Parties.
ATTACHMENT B
B. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
C. Assignment. No Party shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties.
D. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
E. Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Stanislaus.
F. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall be deemed a single agreement.
G. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the execution of this Agreement by any Party, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
H. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
I. Entire Agreement. This Agreement sets forth the entire understanding between the Parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, proposal letters or other promises, whether oral or in writing.
J. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
K. Headings Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
ATTACHMENT B
L. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
M. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
N. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
O. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
P. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
Q. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
R. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
[Signatures on Following Page]
ATTACHMENT B
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last day and date below written.
CITY:
CITY OF CERES, a California municipal
corporation
By:
Steve Williams, Interim City Manager
Date:
PROFESSIONAL:
Advanced Integration & Controls (AIC), a
California corporation
By:
Name:
Date:
Approved as to Form:
Nubia I. Goldstein, City Attorney
ATTACHMENT B
EXHIBIT A
Services
1. Removal of FEP in favor of direct SCADA polling
AIC will remove the Front End Processor from the SCADA polling path, allowing the SCADA server to poll RTUs directly. This eliminates a potential single point of failure, simplifies the communications architecture, and reduces the number of components that can introduce polling delays or outages.
a. Further investigate PLC Logic in the FEP for items such as:
i. Weather Station
ii. Performing other routines
b. Remap SCADA Tags to point to RTUs
SCADA currently gets the remote site data directly from the addresses in the FEP. AIC will remap the current tags that correspond to the FEP within each remote PLC.
2. Review SCADA Application scripting potentially impacting polling or app reliability
3. Address Application Auto Start on power loss
AIC will configure the SCADA application to automatically restart following a power loss or unexpected shutdown, removing the need for manual intervention to restore visibility after an outage.
4. Add Internal Firewall separating the remote sites from SCADA AIC will design and install a next-generation firewall to segment remote site network traffic from the core SCADA network, reducing the cybersecurity attack surface and containing potential issues to individual network segments.
5. WWTP SCADA investigation
AIC will investigate SCADA communications and integration at the Wastewater Treatment Plant, including its relationship to the Corp Yard SCADA system. a. Comms to Corp Yard
b. SCADA connectivity and relation to Corp SCADA
6. Secure Remote Access
AIC will install and configure an external next generation firewall to provide secure, managed remote access to the SCADA system, replacing any ad hoc access methods currently in use.
a. External Firewall Install and Setup
b. Development of Remote Access Policy
7. Parks Tasks
AIC will address known PLC logic concerns at Parks facilities. This work is budgeted at 40 service hours; work identified beyond this budget will be addressed via change order. a. Address PLC Logic concerns
b. 40 Service hours
Deliverables
• FEP removed as the primary polling path to RTUs allowing SCADA server polling directly. FEP may remain for non-polling functionalities • Remapped SCADA tag database pointing to RTUs
ATTACHMENT B
• SCADA application scripting review, including as needed corrections • Automatic application restart configured following power loss • Internal firewall installed and configured, segmentation of the PLC network, core SCADA network, and any other network(s) requiring connectivity • WWTP assets and communications assessment summary, including Corp Yard SCADA connectivity
• External firewall installed and configured for secure remote access • Remote Access Policies
• Remote connectivity and training
• Parks PLC logic corrections completed (within 40-hour service budget) • Phase 1 closeout meeting and summary with City staff
Materials and Service
• Services
– Automation Engineering
– Project Management
• Material
– Qty. 2 - Fortinet Next-Generation Firewall
Sacramento Office: 9332 Tech Center Drive, Suite 300, Sacramento, CA 95826 – Main Office Telephone: 916.644.9500 Temecula Office: 42142 Roick Drive, Temecula, CA 92590
www.wateraic.com
8/7/2026
AIC Quote Number: 25-2026-0218 – TO1
City of Ceres, Public Works Department
2220 Hackett Road
Ceres, CA 95307
Attn: Joshua Casas, Superintendent of Public Works
Re: Task Order 1 - SCADA Improvements Phase 1
Joshua,
Advanced Integration & Controls (AIC) is pleased to present this proposal to the City of Ceres (“City”) Public Works Department for professional consulting and technical support services addressing communication reliability, cybersecurity concerns, and overall functionality within the City’s existing SCADA system. AIC understands the City’s immediate priority is to stabilize current operations by improving communications reliability, closing major cybersecurity gaps, and restoring operator confidence, before transitioning to graphical and hardware improvements. This proposal, Phase 1 of a two-phase program, is scoped to allow the City to move forward with work in the near term while Phase 2 planning continues in parallel.
AIC’s approach begins with targeted investigation of the root causes behind the City’s communication and reliability issues, including the Front End Processor (FEP), application behavior, cybersecurity and network segmentation, before implementing corrective changes. AIC understands that Odura (MKN) previously performed an assessment with similar findings from an engineering perspective, and has already established remote access and made initial polling changes that have improved conditions. AIC’s Phase 1 scope builds on that foundation, addressing communications, application stability, cybersecurity, and remote access as an integrated set of near-term improvements.
We look forward to supporting the City of Ceres on this important initiative. Please do not hesitate to contact us with any questions.Regards,
Advanced Integration & Controls
Mike Steuteville
Business Development Manager
Mobile: (916) 905-3343
August 7, 2026
Background / Project Understanding
The City of Ceres Public Works Department operates a SCADA system supporting water, wastewater, and parks operations across multiple remote sites, the Wastewater Treatment Plant (WWTP), and Parks facilities.
Over time, the system has developed a number of reliability and cybersecurity issues that are affecting operator confidence and day-to-day operations.
Communications to remote sites have historically been unreliable, with six sites in particular experiencing regular, extended outages. Operations staff report polling delays of 15-20 minutes in some areas, and when communications are down, corrected conditions can take hours to resolve. Site control is also inconsistent, functioning reliably at times and not at others.
In parallel with these communications issues, the City’s SCADA system carries cybersecurity vulnerabilities that need to be addressed. The operations staff have described the current interface as overly simplistic given day-to-day needs.
The City has staffed (Jeff) on a part-time basis to support ongoing SCADA needs. The City’s goal is to stabilize the system and then transition to an ongoing support with AIC. This is a phased approach that prioritizes cybersecurity and communications redundancy first.
To address these concerns, AIC has organized its recommended improvements into two phases: Phase 1, detailed in this proposal, and Phase 2, summarized at a high level for planning purposes. A detailed scope and pricing proposal for Phase 2 will follow as a separate submittal once Phase 1 is underway.
Scope of Work
Phase 1 is detailed fully below. Phase 2 is summarized at a high level for visibility into the full improvement roadmap; a detailed scope and pricing proposal for Phase 2 will follow as a separate submittal.
Phase 1: Address Communication Concerns
Phase 1 focuses on removing the Front-End-Processor (FEP) as a communications bottleneck to remote sites and potential point of failure, securing the network, and resolving known reliability issues across the WWTP and Parks facilities.
1. Removal of FEP in favor of direct SCADA polling
AIC will remove the Front End Processor from the SCADA polling path, allowing the SCADA server to poll RTUs directly. This eliminates a potential single point of failure, simplifies the communications architecture, and reduces the number of components that can introduce polling delays or outages. a. Further investigate PLC Logic in the FEP for items such as:
i. Weather Station
ii. Performing other routines
b. Remap SCADA Tags to point to RTUs
SCADA currently gets the remote site data directly from the addresses in the FEP.
AIC will remap the current tags that correspond to the FEP within each remote PLC.
2. Review SCADA Application scripting potentially impacting polling or app reliability
August 7, 2026
3. Address Application Auto Start on power loss
AIC will configure the SCADA application to automatically restart following a power loss or unexpected shutdown, removing the need for manual intervention to restore visibility after an outage.
4. Add Internal Firewall separating the remote sites from SCADA AIC will design and install a next-generation firewall to segment remote site network traffic from the core SCADA network, reducing the cybersecurity attack surface and containing potential issues to individual network segments.
5. WWTP SCADA investigation
AIC will investigate SCADA communications and integration at the Wastewater Treatment Plant, including its relationship to the Corp Yard SCADA system. a. Comms to Corp Yard
b. SCADA connectivity and relation to Corp SCADA
6. Secure Remote Access
AIC will install and configure an external next generation firewall to provide secure, managed remote access to the SCADA system, replacing any ad hoc access methods currently in use. a. External Firewall Install and Setup
b. Development of Remote Access Policy
7. Parks Tasks
AIC will address known PLC logic concerns at Parks facilities. This work is budgeted at 40 service hours; work identified beyond this budget will be addressed via change order. a. Address PLC Logic concerns
i. 40 Service hours
Deliverables
• FEP removed as the primary polling path to RTUs allowing SCADA server polling directly. FEP may remain for non-polling functionalities
• Remapped SCADA tag database pointing to RTUs
• SCADA application scripting review, including as needed corrections • Automatic application restart configured following power loss • Internal firewall installed and configured, segmentation of the PLC network, core SCADA network, and any other network(s) requiring connectivity
• WWTP assets and communications assessment summary, including Corp Yard SCADA connectivity • External firewall installed and configured for secure remote access • Remote Access Policies
• Remote connectivity and training
• Parks PLC logic corrections completed (within 40-hour service budget) • Phase 1 closeout meeting and summary with City staff
August 7, 2026
Materials and Service
• Services
– Automation Engineering
– Project Management
• Material
– Qty. 2 - Fortinet Next-Generation Firewall
Pricing
Phase 1 Total $ 244,908
Note 1: The total lump sum fee is a “not-to-exceed” amount for professional services, travel, and per diem. Monthly invoices will be submitted reflecting percent-complete progress and will include a summary of activities completed during the billing period.
Note 2: Should the City direct AIC to expand or reduce scope, a written amendment will be executed prior to proceeding with any work outside the scope defined herein.
Note 3: Phase 2 scope, schedule, and pricing will be provided under a separate proposal once Phase 1 is authorized.
Future - Phase 2: Hardware and Graphical Improvements (High-Level Preview) Phase 2 will focus on modernizing the SCADA hardware, software platform, and operator interface once Phase 1 stabilization work is complete. It is summarized here at a high level for planning purposes alongside this Phase 1 proposal. AIC will provide a fully scoped and priced Phase 2 proposal as a separate submittal once Phase 1 has reached substantial completion.
1. Replace existing SCADA hardware and upgrade software a. Add redundancy
2. Upgrade SCADA application
a. Easier, more intuitive user interface for operations staff
August 7, 2026
Project Assumptions and Clarifications
1. AIC (Advanced Integration & Controls)
a. Design, procurement, and installation of an internal firewall segmenting remote site communications from the core SCADA network
b. Installation and configuration of an external firewall for secure remote access c. Coordination meetings and a Phase 1 closeout summary with City staff d. High-level planning input to support the Phase 2 roadmap
2. City of Ceres, Public Works Department
a. Provide any existing network diagrams, PLC programs, IP addressing, and system documentation for the FEP, SCADA server, and remote sites
b. Site access coordination for remote sites, the WWTP, Corp Yard, and Parks facilities c. Timely review, feedback, and decision-making to keep the project on schedule
3. Submittal duration: Approximately 8-10 weeks after receipt of a Purchase Order
4. Delivery of equipment: Approximately 8-10 weeks after formal engineer of record submittal approval
5. AIC includes a 12-month warranty for workmanship, parts and labor from the date of the equipment installation or 18-Months from the date of shipment (unless an extended warranty is specified and defined in the above proposal) b. AIC provides no other warranty, express or implied, including but not limited to, warranty of merchantability or fitness for a particular purpose
Terms and Conditions
1. This proposal is valid for 30 days from the date of this quotation
2. Terms are Net 30 Days from receipt of invoice. Interest in the amount of 1.5% per month will be applied for all past due invoices following 90 days from invoice date. Final retention to be paid within 10 Days after Project completion
3. Client payment terms require a 10% payment of the total quote amount after AIC submittal submission (SOV to be provided by AIC Project Manager for further payment structure breakdown)
4. These Terms and Conditions shall be governed by the laws of the State of California, without regard to its conflict of law provisions
5. If any claims, controversies, or disputes relating to this Agreement cannot be resolved through good faith negotiations, they shall be submitted to confidential mediation. If mediation is unsuccessful, then either Party may file legal action against the other in Fresno County Superior Court to resolve their claim, controversy, or dispute.
6. AIC shall neither be liable for loss, damages, detention or delays nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control, including but not limited to acts constituting Force Majeure.
Delivery timelines will be extended as needed, and pricing will be adjusted to reflect any resulting impacts
7. Advanced Integration & Controls (AIC) shall not be liable for any damages, losses, or disruptions resulting from cybersecurity incidents, including but not limited to hacking, malware, or denial of service attacks. This limitation applies to all direct costs, such as incident response, remediation, and legal expenses, as well as any consequential or indirect damages, including disruption, lost productivity, reputational harm, and other legal liabilities. In no event shall AIC be responsible for any preexisting cybersecurity vulnerabilities or compromises in the Client’s systems
8. Due to current manufacturer lead time constraints affecting the industry, anticipated delivery durations are subject to change and updates will be provided to the Client as timeframe constraints occur
9. AIC’s proposal includes FCA (Free Carrier Point of shipment) – Client assumes risk for unloading and protection on-site
10. Schedule of Work is subject to an approved agreeable timeline between the Owner, General Contractor, Electrical Contractor, and AIC
11. This proposal is based on mutually agreeable Contract Terms and Conditions to be negotiated and executed prior to any work being performed. In the event of a conflict between the negotiated Contract Terms and Conditions referenced above and any Prime Contract documents, the Terms and Conditions of any agreement between AIC and its Client will take precedence.
12. This Proposal is based on a standard 8-hour workday and 40-hour workweek – no onsite overtime, weekend, or holiday work has been included or allowed
13. Additional mobilizations requested will be invoiced on a Time & Material basis
14. AIC is not liable for liquidated damages when manufacturer or vendor timeframe constraints occur outside of AIC’s control
15. Approved submittals are considered to meet the needs of the project specifics based on the Engineer of records review, comments and approval
16. Requests for modifications to equipment or professional services after submittal approval will require a Change Order before any modifications occur regardless of schedule constraints
17. Advanced Integration & Controls (AIC) shall not be liable for, and no claim(s) shall be made by Client against Advanced Integration & Controls (AIC) and/or its insurance carrier(s) for, any damages, losses, or disruptions resulting from cybersecurity attacks, including but not limited to hacking, malware, or denial of service attacks. This exclusion applies to any direct costs including but not limited to incident response, remediation, and legal expenses, and any consequential and/or indirect
August 7, 2026
damages including but not limited to disruption, lost productivity, reputational damage, and any other legal liabilities. This exclusion applies to both new and pre-existing cybersecurity vulnerabilities or compromises in the Client's systems
18. The pricing for this bid would account for conditions in effect at the time of the bid. Please confirm that any tariffs, restrictions, or similar changes in policies surrounding the import of foreign materials required to prosecute the work which are enacted after the bid date, will be treated as a changed condition, subject to a price adjustment and issued via a Change Order
Exclusions
1. Equipment and Services by Others
2. Specific Design Clarifications and indicated
A. N/A
3. Equipment & Services (unless specifically defined on the above scope) A. Local control stations, junction boxes, pull boxes and disconnect switches B. Security equipment (cameras, DVRs, card readers, etc.) C. Mounting brackets, conduit, field wire, and tubing
D. Basic trade materials (screws, bolts, brackets, stanchions, sunshields, anchor bolts, etc.) E. Fiber optic patch panels, fiber optic cable, fiber optic cable testing and terminations F. 3rd party testing, harmonic testing / analysis, protective device coordination studies, short circuit studies, and ArcFlash hazard analysis / training G. Electrical interconnection wiring diagrams, ISA loop diagrams and signal loop diagrams for equipment not provided by AIC or when specifications do not define the requirements for these specific professional services H. Harmonic mitigation equipment undefined by the Electrical Engineer of record
1. If IEEE519 requirements are defined within the specifications, the solution cannot be predetermined without a formal harmonic study
2. If a harmonic study is performed after project award and additional harmonic filtering equipment is required, a change order will be provided by AIC
I. Mechanical piping and components for pressure instrument assemblies, unless the mechanical device is located above an annular or diaphragm seal
1. All other mechanical valves, manifolds or connectors are to be provided by the contractors J. Videotaping of professional services (3rd party videotaping is acceptable) K. Equipment & services not specifically defined in the above scope of work L. Noise mitigation equipment and/or noise barriers
M. Ventilation equipment and team watch resources for work required in confined spaces N. Removal, replacement and/or relocation of existing utilities O. Seismic anchoring calculations for any stanchion mounted equipment Client acknowledges having read, understood, and agreed to the terms outlined in the Proposal.
Signature: __________________________________
Name: _____________________________________
Date: ____________________
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: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Michael Beltran, City Engineer, [email protected] Subject: Resolution
Approving a New Subdivision Improvement Agreement for
Whitmore Ranch Phase 1, Clarifying Development Fees and Improvement Responsibilities, and Removing the Requirement for Construction of a Future Regional Sewer Upgrade; and
Authorizing the Interim City Manager to Execute the Agreement Recommended Council Action:
Staff recommends that the City Council adopt a resolution approving a new Subdivision Improvement Agreement for Whitmore Ranch Phase 1 that:
1. Clarifies the Developer's responsibilities for payment of applicable development fees and construction of required subdivision improvements;
2. Clarifies the City's responsibilities and the obligations that will remain with the Developer;
3. Removes the requirement that the Developer construct the larger downstream sewer replacement previously included in the Subdivision Improvement Agreement; and
4. Authorizes the Interim City Manager to execute the new Subdivision Improvement Agreement and any related documents necessary to implement the agreement.
Background:
Whitmore Ranch Phase 1 is located generally south of Whitmore Avenue, east of Moore Road, and west of the Louis Arrollo Junior High School campus. The project consists of approximately 19.3 acres and includes 107 residential lots, associated streets, utilities, drainage facilities, and other improvements necessary to serve the subdivision.
The City previously approved a Subdivision Improvement Agreement for Whitmore
Ranch Phase 1. The original agreement established the Developer's responsibility for constructing the subdivision improvements and satisfying applicable development requirements prior to and during construction of the project.
As part of the original agreement, the Developer was also required to complete a substantial sewer replacement project outside of the immediate subdivision improvements. The sewer improvement was identified to provide additional capacity within the City's sewer collection system as future development occurs.
Since approval of the original agreement, City staff has further evaluated the timing and need for the larger sewer improvement in relation to Whitmore Ranch Phase 1 and the long-term buildout of the City.
Based on that evaluation, staff has determined that construction of the larger sewer replacement is not necessary at this time solely to accommodate Whitmore Ranch Phase 1. The improvement will ultimately be required as additional development occurs and wastewater flows increase throughout the tributary service area.
Requiring the Phase 1 Developer to construct the entire future sewer improvement at this stage would impose a substantial upfront infrastructure obligation that is disproportionate to the immediate needs of Phase 1 and could delay or prevent development of the subdivision.
Staff and the Developer have therefore prepared a new Subdivision Improvement Agreement intended to more clearly define the responsibilities of both parties, clarify applicable development fees, and remove the requirement that the Developer construct the larger future sewer replacement as part of Whitmore Ranch Phase 1.
Reasons for Recommendation:
Approval of the new Subdivision Improvement Agreement is recommended because it provides clearer expectations for the Developer and the City, removes an infrastructure requirement that is not presently necessary to serve Phase 1, and facilitates development while preserving the City's ability to address future sewer capacity needs.
Clarifies Developer Fees and Responsibilities
The new agreement provides greater clarity regarding the fees, improvements, and other obligations for which the Developer will remain responsible.
The Developer will continue to be responsible for all improvements necessary to directly serve Whitmore Ranch Phase 1, including applicable streets, curb and gutter, sidewalks, accessible pedestrian improvements, water facilities, sanitary sewer facilities, storm drainage facilities, street lighting, signing and striping, landscaping, utilities, and other improvements identified in the approved plans and applicable conditions of approval.
The Developer will also remain responsible for payment of applicable development impact fees, connection fees, plan review fees, inspection fees, and other charges established by the City's adopted fee schedules and applicable project approvals.
The new agreement does not relieve the Developer of the obligation to construct the infrastructure necessary to serve the subdivision or to pay the development fees applicable to the project.
Removes a Disproportionate Upfront Sewer Obligation
The original Subdivision Improvement Agreement required the Developer to complete a significant sewer replacement project intended to provide additional capacity for future development.
While that sewer improvement remains an important component of the City's long-term wastewater infrastructure, staff has determined that construction of the entire improvement is not presently required to accommodate the wastewater flows generated by Whitmore Ranch Phase 1.
The need for the larger sewer improvement is primarily associated with the cumulative buildout of additional development within the City's sewer service area rather than Phase 1 alone.
Removing this requirement from the current subdivision agreement appropriately aligns the Developer's construction obligations with the infrastructure necessary to serve its project.
Helps Facilitate Housing Development
The cost of constructing a major regional or systemwide sewer improvement before the capacity is needed creates a significant upfront burden on an individual development.
Removing the immediate construction requirement reduces a substantial development obstacle while maintaining the Developer's obligation to construct the subdivision improvements necessary to serve the project and pay all applicable City fees.
The proposed agreement therefore provides an opportunity to encourage construction of the 107 residential lots within Whitmore Ranch Phase 1 while maintaining appropriate protections for the City and its utility systems.
Preserves the City's Long-Term Sewer Planning
Removal of the sewer replacement requirement from the Phase 1 agreement does not eliminate the need for the improvement.
As development continues and wastewater flows increase, the City will need to construct additional sewer capacity improvements consistent with the City's sewer master planning, capital improvement programming, and available funding.
The City can address the future improvement at the appropriate time and size it based on actual and projected systemwide demands rather than requiring a single subdivision to prematurely construct an improvement serving a much larger area.
Future sewer improvements may be funded through applicable sewer development impact fees, sewer connection charges, enterprise funds, contributions from future development, or other legally available funding sources.
Fiscal Impacts:
Approval of the new Subdivision Improvement Agreement does not require an immediate General Fund expenditure.
The Developer will remain responsible for all costs associated with construction of the subdivision improvements necessary to serve Whitmore Ranch Phase 1 and for payment of applicable development impact fees, sewer and water connection fees, plan review fees, inspection fees, and other development-related charges. The new agreement removes the Developer's obligation to construct the larger future sewer replacement identified in the original agreement. Consequently, the City will assume responsibility for planning and implementing that larger sewer improvement when it is required to accommodate future system demand.
The future sewer improvement is expected to benefit development beyond Whitmore Ranch Phase 1. Staff will therefore evaluate the appropriate timing, scope, and funding mechanism for the improvement as part of the City's long-term sewer capital improvement planning. Potential funding sources may include sewer development impact fees, sewer connection fees, sewer enterprise revenues, contributions from future development, grants, financing, or a combination of available sources. Approval of the new agreement does not commit the City Council to a specific future sewer project expenditure or funding source.
Existing Policy / Relationship to the Strategic Plan:
Approval of the new Subdivision Improvement Agreement supports the City's goals of promoting responsible development, facilitating new housing opportunities, maintaining financially sustainable infrastructure, and ensuring that development-related obligations are proportionate to the impacts created by each project.
The proposed agreement balances the City's responsibility to plan for long-term sewer infrastructure with the need to avoid imposing premature regional infrastructure costs on a single residential development.
The action also supports continued growth of the City's housing supply by removing a significant infrastructure obstacle while maintaining appropriate development standards and financial protections for the City.
Policy Alternatives:
Alternative 1 – Retain the Existing Subdivision Improvement Agreement The City Council could elect to retain the existing agreement and continue requiring the Developer to construct the larger sewer replacement.
This alternative is not recommended because the sewer improvement is not presently
required solely to accommodate Whitmore Ranch Phase 1 and will ultimately provide capacity benefiting a larger area as the City continues to build out.
Maintaining the requirement could create a substantial financial barrier to development of Phase 1 and potentially delay construction of the proposed housing.
Alternative 2 – Approve the New Agreement with Modifications The City Council may direct staff to make modifications to the proposed agreement, provided the modifications remain consistent with the approved project entitlements, applicable City requirements, and the Subdivision Map Act.
Interdepartmental Coordination
Preparation of the new Subdivision Improvement Agreement has been coordinated among the Engineering Department, Community Development Department, and City Attorney's Office.
The City Attorney has reviewed the agreement for legal form and confirm that the revised allocation of responsibilities and obligations is appropriately documented.
Engineering and Finance staff will continue to coordinate regarding applicable development fees and the long-term funding and timing of the future sewer improvement.
Public Participation:
The Whitmore Ranch Specific Plan, environmental documents, and Vesting Tentative Subdivision Map were previously considered through noticed public hearings.
The proposed action does not increase the number of lots, change the approved land uses, expand the project boundaries, or otherwise modify the physical development previously approved for Whitmore Ranch Phase 1.
The proposed action modifies the contractual allocation of certain infrastructure, fee, and construction responsibilities between the City and the Developer.
Environmental Review:
Environmental review for Whitmore Ranch was previously completed in connection with approval of the Whitmore Ranch Specific Plan and subsequent project entitlements.
The proposed new Subdivision Improvement Agreement does not modify the approved residential development, increase development intensity, or authorize additional development beyond that previously analyzed.
The agreement modifies the timing and responsibility for a future sewer capacity improvement. That larger sewer improvement will be evaluated and implemented by the City at the appropriate time in accordance with applicable environmental review
requirements.
Staff has determined that approval of the new agreement does not result in new significant environmental effects or substantially more severe environmental impacts than those previously analyzed.
Steps Following Approval:
Following City Council approval:
1. The Developer will execute the agreement and provide any required improvement securities, insurance certificates, fees, and related documentation.
2. The Interim City Manager will execute the agreement on behalf of the City.
Attachments:
Attachment A - Resolution
Attachment B - Subdivision Improvement Agreement
ATTACHMENT A
RESOLUTION
APPROVING A NEW SUBDIVISION IMPROVEMENT AGREEMENT FOR
WHITMORE RANCH PHASE 1, CLARIFYING DEVELOPMENT FEES AND
IMPROVEMENT RESPONSIBILITIES, AND REMOVING THE REQUIREMENT FOR CONSTRUCTION OF A FUTURE REGIONAL SEWER UPGRADE; AND
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, Whitmore Ranch Phase 1 consists of approximately 19.3 acres located southeast of the intersection of Moore Road and Whitmore Avenue in the City of Ceres and includes 107 residential lots and associated subdivision improvements; and WHEREAS, the City previously approved a Subdivision Improvement Agreement for Whitmore Ranch Phase 1 establishing the Developer's obligations for construction of subdivision improvements, payment of applicable fees, and satisfaction of other development requirements; and
WHEREAS, the existing Subdivision Improvement Agreement also required the Developer to construct a substantial downstream sewer replacement intended to provide additional capacity within the City's wastewater collection system; and WHEREAS, City staff has further evaluated the timing and capacity needs associated with the sewer replacement and has determined that the larger sewer improvement is not presently necessary solely to accommodate the wastewater flows generated by Whitmore Ranch Phase 1; and
WHEREAS, the larger sewer improvement will ultimately be necessary as additional development occurs and wastewater flows increase with continued buildout of the City and surrounding tributary service areas; and
WHEREAS, requiring the Developer of Whitmore Ranch Phase 1 to construct the entire future sewer improvement at this time would impose a substantial upfront infrastructure obligation that exceeds the immediate sewer infrastructure needs attributable to Phase 1; and
WHEREAS, the City desires to facilitate development of Whitmore Ranch Phase 1 while continuing to require the Developer to construct all subdivision improvements necessary to directly serve the Project and to pay all applicable development impact fees, connection fees, plan review fees, inspection fees, and other development-related charges; and
WHEREAS, the City and Developer have prepared a new Subdivision Improvement Agreement that more clearly defines the respective responsibilities of the City and Developer, clarifies applicable fees and development obligations, and removes the requirement that the Developer construct the larger future sewer replacement as part of Whitmore Ranch Phase 1; and
WHEREAS, removal of the sewer replacement requirement does not eliminate the future need for additional sewer capacity improvements, and the City will continue to evaluate the timing, size, funding, and construction of such improvements through its sewer master planning and capital improvement programming as development occurs; and
WHEREAS, future sewer improvements may be funded from legally available sources, including sewer development impact fees, connection fees, sewer enterprise revenues, contributions from future development, grants, financing, or a combination thereof, subject to future City Council approval as required; and WHEREAS, approval of the new Subdivision Improvement Agreement does not commit the City Council to a specific future sewer improvement, expenditure, or funding source; and
WHEREAS, the Developer will remain responsible for constructing all improvements necessary to serve Whitmore Ranch Phase 1 in accordance with the approved improvement plans, applicable conditions of approval, City standards, the Ceres Municipal Code, and the Subdivision Map Act; and
WHEREAS, the new Subdivision Improvement Agreement will supersede and replace the prior Subdivision Improvement Agreement with respect to the obligations addressed therein; and
WHEREAS, the proposed action does not increase the number of residential lots, change approved land uses, expand the Project boundaries, or otherwise modify the physical development previously approved for Whitmore Ranch Phase 1; and WHEREAS, environmental review for Whitmore Ranch has previously been completed, and the proposed new Subdivision Improvement Agreement modifies contractual, financial, and infrastructure responsibilities without authorizing additional development or creating new significant environmental effects beyond those previously analyzed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ceres hereby approves a new Subdivision Improvement Agreement for Whitmore Ranch Phase 1, clarifying development fees and improvement responsibilities and removing the requirement for construction of a future regional sewer upgrade; and authorizes the Interim City Manager to execute the agreement.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk
ATTACHMENT B
SUBDIVISION IMPROVEMENT AGREEMENT
City of Ceres, CA
NAME OF PROJECT: Whitmore Ranch Subdivision, Phase 1
(referred to as “Project” or “Subdivision”)
NAME OF SUBDIVIDER: ____________________________________ (referred to as “Subdivider”)
PARCEL OR TENTATIVE MAP
APPROVAL(S):
Vesting Tentative Subdivision Map No. 20-10;
Planning Commission Resolution No. 20-10;
Planning Commission Resolution No. 23-14;
Planning Commission Resolution No. 25-11
(referred to as “Project Approvals”)
IMPROVEMENT PLANS: __________________________________
(referred to as “Improvement Plans”)
ESTIMATED COST OF IMPROVEMENTS: __________________________________
COMPLETION PERIOD
FORM OF SECURITY:
12 MONTHS
[ ] Surety bond
[ ] Letter of Credit
[ ] Cash deposit
[ ] Other
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
_________________
_________________
_________________
Attn: City Clerk
Exempt from recording fees
(Gov. Code §§ 6103 and 27383)
(Space above this line for Recorder’s use)
ATTACHMENT B
This Subdivision Improvement Agreement (“Agreement”) is made and entered into by CITY OF CERES, a California municipality, (the “City”) and ___________________________________, a California ___________________________ (“Subdivider”). City and Subdivider may individually be referred to herein as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.
RECITALS
A. Subdivider owns or controls parcels of land located in City, as more fully described in Exhibit A attached hereto (the “Property”).
B. Subdivider seeks to subdivide the Property in accordance with the Project Approvals.
C. The Project is subject to the Subdivision Map Act (Gov. Code, § 66410 et seq.) and City ordinances and regulations related to the filing, approval, and recordation of subdivision maps, and also the requirements and conditions contained in the Project Approvals (collectively, the “Subdivision Laws”).
D. The Parties desire to enter into this Agreement in order to facilitate completion of all improvements required for the Project (“Improvements”).
E. Subdivider is required to satisfy certain conditions of development after the filing of the Final Map, specifically Subdivider is required to construct certain improvements as specified in the Conditions of Approval.
F. Subdivider is required to prepare Improvement Plans for the construction, installation, and completion of all Improvements required for the Project, subject to City’s approval.
G. The Improvements shall conform to the Subdivision Laws, and all applicable City standards and policies related to the Improvements (collectively, the “Improvement Standards”).
H. Subdivider has submitted a Final Map for the Project in accordance with the Subdivision Laws. City will record the Final Map after this Agreement becomes effective, and after Subdivider has provided the securities required for the Improvements, as set forth in this Agreement.
I. The Project is located in the Whitmore Ranch Specific Plan and is subject to the mitigation measures of the Final Environmental Impact Report (Sch No. 2017012063). Some of the Improvements under this Agreement are eligible for fee offsets and/or reimbursement from City or other benefitting parcels in the Specific Plan area, as set forth in this Agreement.
J. The Parties formerly prepared and agreed in concept to a subdivision improvement agreement, approved by City Council Resolution No. 2024-39 on April 8, 2024. The former
ATTACHMENT B
subdivision improvement agreement was never executed and recorded and is considered null and void. This Agreement shall supersede and take the place of the former subdivision improvement agreement.
NOW, THEREFORE, in consideration of the mutual covenants and benefits that accrue to each, the Parties agree as follows:
AGREEMENT
Section 1. Effective Date. This Agreement shall become effective on the date that all of the following have occurred: (i) City approves Improvement Plans provided by Subdivider; (ii) Subdivider provides securities to City to guarantee completion of the Improvements; and (iii) both Subdivider and City have executed this Agreement (the “Effective Date”).
Section 2. Term. This Agreement shall terminate after (i) City records a Notice of Completion for the Improvements, and (ii) City releases the securities required for the Improvements. Any provisions in this Agreement that are intended to survive such termination, by their express terms or nature of the obligation, shall survive such termination.
Section 3. Estimated Cost of Improvements. The total estimated cost of the Improvements, as provided by Subdivider and reviewed and confirmed by City, is attached hereto as Exhibit B (“Cost Estimate”).
Section 4. Dedication. Except as otherwise provided in this Agreement or in the action of the City Council approving the Final Map, City hereby rejects all lands, rights-of-way and easements offered for dedication on the Final Map or by separate instrument. Such offers, however, shall remain open and constitute irrevocable offers of dedication in accordance with Government Code section 66477.2.
Section 5. Subdivider Obligations. Subdivider shall perform each of the following obligations throughout the term of this Agreement, as conditions precedent to City’s issuance of a building permit for any lot within the Project.
A. Construct and install at Subdivider’s own expense all the Improvements, as shown on the Improvement Plans. The Improvement Plans may only be modified by Subdivider subject to prior written approval by City.
B. Commence construction of the Improvements within three (3) months from the Effective Date. Subdivider shall notify City in writing three (3) days before the commencement of construction of the Improvements.
C. Complete all Improvements within twelve (12) months from the Effective Date, unless otherwise approved or extended in writing by City, after written application by Subdivider. Such written request for extension shall state in reasonable detail the grounds for such extension. In granting any extension of time, City may require new Securities to reflect increases in the costs of constructing the Improvements or any other conditions related to the extension of time.
ATTACHMENT B
D. Furnish and pay for all necessary equipment, labor and materials to complete the Improvements in conformity with the Improvement Standards.
E. Replace or repair all public improvements, private property, public utility facilities, and surveying or subdivision monuments that are destroyed or damaged in the performance of the work. Subdivider shall bear the entire cost of any such replacements or repairs.
Any repair or replacement work shall be to the satisfaction of City.
F. Provide safe access for inspection of the Improvements by City.
G. Give good and adequate warning to the public of each and every dangerous condition existing on or near the Improvements, and take reasonable action to protect the public from any such dangerous condition.
H. Perform all construction work for the Improvements between 7:00 a.m. and 7:00 p.m. on weekdays (Monday through Friday), unless otherwise approved in writing by City.
I. Require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing any work for the Improvements. Subdivider shall maintain an office with a telephone on the Property. While construction work is being performed on the Improvements, Subdivider or an agent of Subdivider shall be available at the Property within three (3) hours of being called by City.
J. Assume all costs for utility and cable television undergrounding or relocation which is not the responsibility of the cable television, gas, electric, telephone or other utility company under the terms of any franchises with City or otherwise imposed upon the utility companies by law.
K. Obtain and comply with all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees and taxes required by law.
Section 6. Inspections. All Improvements shall be constructed under the inspection of City employees or contractors (collectively “City Inspectors”). Upon completion of the Improvements, Subdivider may request a final inspection by City Inspectors. City shall not record the Notice of Completion unless Subdivider has completed all work in accordance with the Improvement Plans and Improvement Standards. If City Inspectors determine that the Improvements have been completed in accordance with the Improvement Plans and Improvement Standards, certification of the completion of the Improvements shall be presented to the City Council, to accept or reject in its sole discretion, and City shall thereafter record a Notice of Completion for the Improvements.
City Inspectors shall have the right to inspect the Improvements for a period of twelve (12) months after the Notice of Completion has been recorded. Subdivider shall bear all costs of inspection, including but not limited to the costs of all third-party inspectors used for the Project.
Section 7. Acquisition and Dedication of Easements or Rights-of-Way. If any of the Improvements are to be constructed or installed on land not within the Project or an already existing public right-of-way, no construction or installation shall commence before:
ATTACHMENT B
A. The irrevocable offer of dedication or conveyance to City by Subdivider of appropriate rights-of-way, easements or other interests in real property, as determined by City; or B. Authorization from the affected property owner to allow construction or installation of the Improvements; or
C. The issuance of an order of possession by a court of competent jurisdiction pursuant to the State Eminent Domain Law (Code Civ. Proc., § 1230.010 et seq.). Subdivider shall comply in all respects with any such order of possession.
Section 8. Damage to Improvements. Subdivider is solely responsible for the care and maintenance of, and any damage to, the Improvements, prior to final acceptance by City.
Subdivider shall replace or repair all Improvements, utility facilities and monuments that are damaged or destroyed for any reason, regardless of the cause of damage or the ownership of the underlying property. Any repair or replacement shall be to the satisfaction of City.
Section 9. Acceptance of Improvements. City shall not accept any property to be dedicated, or title to the Improvements, unless they are constructed in conformity with the Improvement Plans and Improvement Standards to the satisfaction of City. Subdivider shall retain title to, shall be responsible for, and shall bear the risk of loss to, any of the Improvements constructed or installed, until such time that City accepts the Improvements. Title to and ownership of the Improvements and any real property to be dedicated shall vest absolutely in City upon completion and acceptance of such Improvements by the City Council. The Improvements shall be entirely free from all liens prior to City’s acceptance. Prior to acceptance, at City’s request, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.
Section 10. Repair of Defective Work After Acceptance of Improvements. If, within a period of one (1) year after final acceptance of the Improvements, any portion of the Improvements or any work done under this Agreement fails to fulfill any of the requirements of this Agreement or conform to the Improvement Plans or Improvement Standards, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part of the Improvements. If Subdivider fails to act promptly in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before Subdivider can be notified or correct the situation, then City may, at its option, make the necessary repairs or replacements or perform the necessary work. In such event, City shall first call on the Warranty Security (as defined herein) to pay the costs of the work. Subdivider shall remain responsible for the actual cost of the work performed by City plus fifteen percent (15%), excluding the amount received by City under the Warranty Security.
Section 11. Securities.
A. Types of Security. Subdivider shall secure completion of the Improvements by providing the following securities (collectively, the “Securities”):
ATTACHMENT B
i. Performance Security. A performance security that is one hundred percent (100%) of the total Cost Estimate, securing the Subdivider’s faithful performance and completion of the Improvements (“Performance Security”). ii. Payment Security. An additional amount that is one hundred percent (100%) of the total Cost Estimate, securing Subdivider’s payment to any contractor, subcontractor, person renting or supplying equipment, or furnishing labor and materials for the Improvements (“Payment Security”).
iii. Warranty. An additional amount of ten percent (10%) of the total Cost Estimate, for the guarantee and warranty of the Improvements against any defective work or labor done, or defective materials, for a period of one (1) year following their completion and acceptance by City (“Warranty Security”).
B. Conditions of Security.
i. Bonds. Any bonds submitted as the Securities shall be executed by a surety company authorized to conduct a surety business in California and shall be in a form as specified by the Subdivision Laws.
ii. Irrevocable. All Securities deposited as bonds under this Agreement shall be irrevocable, shall not be limited as to time (except as to the guarantee and warranty period), and shall provide that they may be released, in whole or part, only upon the written approval of City, as provided under the Subdivision Laws and subdivision C below. All Securities shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Improvements, whether or not the surety is given notice of such an extension by City.
iii. Replacement. If Subdivider seeks to replace any of the Securities, such replacement security shall: (1) comply with all requirements of this Agreement; (2) be provided by Subdivider to City; and (3) upon written acceptance by City, be deemed to be a part of this Agreement. Upon City’s acceptance of a replacement security, the earlier provided Security may be released.
C. Release of Securities. The Securities required by this Agreement shall be released in accordance with the Subdivision Laws and the following provisions:
i. Performance Security. City shall release the Performance Security after recording a Notice of Completion for all the Improvements, or as may otherwise be authorized in accordance with the Subdivision Laws.
ii. Payment Security. The Payment Security may, six (6) months after the Notice of Completion is recorded by City, be reduced to an amount equal to the amount of all claims filed related to the Improvements and for which notice has been given to City. The balance of the Payment Security shall be released upon the settlement of all claims and obligations for which the Payment Security was given.
ATTACHMENT B
iii. Warranty. The Securities provided for guarantee and warranty of workmanship shall be released after one (1) year following recordation of a Notice of Completion for the Improvements. If, however, City determines there are defects in the Improvements that require correction pursuant to Section 10 above, and Subdivider fails to correct such defects within a reasonable time, City may utilize the Securities to make all necessary corrections, including payment of reasonable expenses and attorney’s fees in connection with enforcement of any provision of this Agreement.
D. Records. Evidence of the Securities required by this Agreement shall be kept on file with City.
Section 12. Modified Improvements. In the event of changes to the Improvement Standards or other local, state or federal laws applicable to the Improvements occurring after the Effective Date, City reserves the right to require such modifications to Improvements not yet commenced by Subdivider. The modifications shall be incorporated into the Improvement Plans and resubmitted to City for approval prior to construction. Upon receiving written notification from City of the modified Improvements, Subdivider shall resubmit Improvement Plans to City. In the event City requires modifications to the Improvements, Subdivider shall provide an updated Cost Estimate for the Improvements and new Securities in accordance with the updated Cost Estimate, as may be required by City. This Section shall not apply to any Improvements for which Subdivider has already commenced construction. The modifications to the Improvements under this Section shall only apply to the Project if such standard applies uniformly to City’s public improvement requirements.
Section 13. Fee Offset/Reimbursement to Subdivider. Subdivider shall receive reimbursement for certain eligible Improvements, subject to the provisions of this Section. The Project is subject to all applicable Capital Facilities Fees (“CFF” or “CFF Program”), as established by City Council Resolution No. 2025-077, in effect Citywide then in effect at the time of building permit issuance.
A. CFF Credit for Sewer Line Design/Engineering. As provided in City’s Wastewater Master Plan, City intends to upgrade the existing twelve-inch (12”) sewer line in Whitmore Avenue to an eighteen-inch (18”) sewer line between Boothe Road and Mitchell Road.
Construction of the sewer line upgrade will be a City obligation and not a Subdivider obligation, for City to construct at a future time in its sole discretion. Subdivider has designed and prepared the construction drawings for the sewer line upgrade. Subdivider shall receive CFF wastewater credits for the costs of the sewer line design and engineering, as described in Exhibit F.
B. CFF Credit for Transportation Improvements. Certain costs borne by Subdivider are eligible for credit from the transportation component of City’s CFF Program, as follows and further identified in Exhibit G:
(i) Subdivider will construct a concrete median barrier in Whitmore Avenue between Lunar Drive and Boothe Road. These improvements are included in City’s CFF Program. The transportation component of the CFF Program will be offset by the cost of these improvements. Exhibit G identifies the estimated costs and maximum CFF credit available for this Improvement.
ATTACHMENT B
(ii) A new traffic signal is proposed at Whitmore Avenue and Boothe Road and is included in City’s CFF Program. Subdivider has designed and prepared the construction drawings for the traffic signal. Construction of the traffic signal will be a City obligation and not a Subdivider obligation, for City to construct at a future time in its sole discretion. City will reimburse Subdivider for the traffic signal design and engineering at a maximum value of $18,824.00. This reimbursement will occur by offset to the transportation component of the CFF Program. Exhibit G identifies the estimated costs and maximum CFF credit available for this Improvement.
C. CEQA Mitigation/Oversized Improvements in Specific Plan. Subdivider will install a bus turnout that is an improvement obligation and mitigation measure of the Specific Plan. Subdivider is building greater than its fair share obligation for the bus turnout. As such, City will impose conditions on the benefitting parcels within the Specific Plan to reimburse Subdivider for each parcel’s fair share cost. Exhibit H identifies each benefitting parcel’s fair share cost for the bus turnout installed by Subdivider. City in its discretion may form an area of benefit for the bus turnout obligation and record such obligation on the title to the benefitting parcels. Subdivider shall cooperate with City in providing such documentation or information as may be necessary to formally establish the area of benefit for the bus turnout. Developer shall indemnify, hold harmless, and defend City from any and liabilities, actions, claims, or proceedings regarding the formation and administration of the area of benefit described herein.
D. Park Credit. The Project includes adequate parkland to be dedicated and developed that will meet the Project’s parkland obligations, which are obligations of Subdivider.
An analysis of the Project’s parkland requirement is contained in Exhibit I. As such, no parkland dedication or fees will be collected for the Subdivision.
E. Storm Drainage. The Project requires construction of its own storm drainage collection and disposal system, which are obligations of Subdivider. As such, the storm drainage component of City’s CFF Program will not be collected for the Project.
F. General Reimbursement Conditions. Any and all reimbursement or fee offsets as set forth above are subject to the following conditions:
(i) All Improvement items subject to the above reimbursement shall be included in the Improvement Plans reviewed and approved by City. (ii) The actual amount reimbursed will be based on verified payments.
Subdivider shall provide documentation to the City for verification of costs, as may be reasonably requested by the City.
(iii) Upon Subdivider’s written request, City in its sole discretion may agree to increase the reimbursement amount greater than 10% of the estimated amounts based on the actual costs of the eligible Improvements.
ATTACHMENT B
(iv) City will have no obligation to reimburse Subdivider for the Improvements described in this Section and in Exhibits F through I by any method other than through the collection and reimbursement methods specified herein. (v) City may withhold the reimbursement and fee offsets described in this Section until the corresponding design, engineering, or Improvement items are fully complete and accepted by City.
Section 14. Deposit Account/Ongoing Project Administration.
A. Subdivider shall be obligated to pay all ongoing costs and expenses of City staff, the City Attorney, and consultants of City required to process, administer, and implement this Agreement and the Project. Such costs include, but are not limited to, City staff and City Attorney time and charges related to administration of the reimbursement provisions contained herein, including formation and administration of any required area of benefit.
B. Within ten (10) calendar days following execution of this Agreement, Subdivider shall deposit with City the sum of Ten Thousand Dollars ($10,000) (the “Deposit”), which City may draw upon to pay or reimburse itself for costs and expenses incurred pursuant to this Section.
Whenever the balance of the Deposit is reduced to Two Thousand Five Hundred Dollars ($2,500) or less, City shall provide written notice to Subdivider, and Subdivider shall, within ten (10) calendar days following such notice, replenish the Deposit to Ten Thousand Dollars ($10,000).
C. The Deposit is intended solely as security for and a source of payment of Subdivider’s obligations under this Section and shall not constitute a limitation or cap on Subdivider’s responsibility for the full amount of all costs and expenses incurred by City. To the extent such costs and expenses exceed the amount then available in the Deposit, Subdivider shall pay the outstanding amount within thirty (30) calendar days following presentation by City of a written statement of charges. The required costs include City’s preparation and review of this Agreement.
D. City shall maintain an accounting of charges applied against the Deposit and shall provide Subdivider with periodic statements reflecting such charges and the remaining balance of the Deposit. Subdivider may also request an accounting of costs and expenses charged pursuant to this Section.
E. Upon development Project and satisfaction of all obligations under this Agreement, or upon earlier termination of this Agreement, City shall return to Subdivider any unused portion of the Deposit remaining after deduction of all costs and expenses incurred by City and any other amounts due and owing under this Agreement.
F. If Subdivider fails to timely pay any amount due under this Section or fails to timely replenish the Deposit as required herein, City may, to the extent permitted by law, withhold further processing or approval of plans, permits, other Project applications or entitlements, including building permits and certificates of occupancy, until all outstanding amounts have been paid and
ATTACHMENT B
the Deposit has been fully replenished. City may also withhold, offset, or retain any reimbursement or other payment otherwise due or payable to Subdivider under this Agreement until all outstanding amounts owed to City have been paid in full, and the Deposit has been replenished as required herein. City’s exercise of its rights under this paragraph shall be in addition to, and shall not limit, any other rights or remedies available to City under this Agreement or applicable law.
Section 15. Default of Subdivider.
A. Breach. Subdivider shall be deemed to have materially breached this Agreement based on, but not limited to, any of the following occurrences: (i) failure to timely complete construction of the Improvements; (ii) failure to timely cure any defect in the Improvements to the satisfaction of City; (iii) failure to timely deposit additional Securities as may be required by this Agreement; (iv) Subdivider’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Subdivider fails to discharge within thirty (30) days; (v) the commencement of a foreclosure action against the Project or a portion thereof, or any conveyance in-lieu or in avoidance of foreclosure; or (vi) failure to perform any other material obligation under this Agreement, as determined by City.
B. Notice of Breach; Default. In the event of any material breach of this Agreement, City shall serve written notice upon Subdivider and Subdivider’s surety, if any, informing Subdivider and its surety of the breach. Subdivider shall have twenty (20) days from receipt of written notice by City to cure any breach. If the breach is not cured, or significant progress towards curing the breach is not made, Subdivider shall be considered in default.
C. Remedies; Performance by City.
i. In the event of Subdivider’s default under this Agreement, and the twenty (20)-day cure period has expired without such default having been cured, Subdivider authorizes City to complete all work on the Improvements at the sole expense of Subdivider, and Subdivider authorizes City to utilize the Securities to complete all work on the Improvements and to pay all labor costs of contractors, subcontractors and workers related to the Improvements. In the event of a default by Subdivider, City may (a) take over and complete the Improvements, by contract or by any other method chosen by City, at the expense of Subdivider, (b) Subdivider shall be liable to City for any excess cost or damages incurred by City, including but not limited to costs of suit and attorney’s fees, and (c) City may take possession of, and utilize such materials, appliances, equipment, plant and other property belonging to Subdivider as may be necessary for completion of the Improvements.
ii. Failure of Subdivider to comply with the terms of this Agreement shall constitute consent to the filing by City of a notice of violation against all lots within the Project, or to rescind the approval or otherwise revert the Project to acreage. iii. The failure of City to take an enforcement action with respect to a default or breach, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Subdivider.
ATTACHMENT B
iv. In addition to the remedies described in this Section, City reserves to itself all remedies available to it at law or in equity for breach of Subdivider’s obligations under this Agreement. The right of City to draw upon or utilize the Securities is additional to and not inlieu of any other remedy available to City. Subdivider agrees that the choice of remedy or remedies for Subdivider’s default shall be at the discretion of City.
D. Lien. In accordance with the Subdivision Laws (Gov. Code, § 66499), the recordation of this Agreement creates a lien attached to the Property underlying the Project and has the priority of a judgment lien in the amount necessary to complete the Improvements.
Section 16. Other Agreements for Improvements. [Intentionally Omitted.] Section 17. Indemnity.
A. No Liability. Subdivider shall defend, indemnify and hold harmless the City from any and all claims, losses, damages or liability arising out of or relating in any way to this Agreement or to the Project, except due to the active negligence of the City. City elected and appointed councils, commissions, officers, agents, employees and representatives (“City Agents”) shall not be liable or responsible for any accident, loss or damage relating to the Improvements prior to completion of the Improvements. All such risks shall be the responsibility of and are hereby expressly assumed by Subdivider.
B. Indemnity/Hold Harmless. City and City Agents shall not be liable, and Subdivider agrees to indemnify, hold harmless, and defend City and City Agents from any and all liability for claims of damage which may arise as a result of any negligent acts or omissions by Subdivider or its agents, contractors, or employees in connection with the construction or operation of the Improvements. This indemnification and agreement to hold harmless shall extend to (i) injuries to persons and property, (ii) the taking of property resulting from the design or construction of the Project and the Improvements, and (iii) injuries to adjacent property owners as a consequence of the construction of the Project and the Improvements. Acceptance by City of the Improvements shall not constitute an assumption by City of any responsibility for any damage covered by this Section.
C. Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless City and City Agents from any claim, action, or proceeding to attack, set aside, void, or annul, any approval by City concerning the Project. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by Subdivider. City shall not be liable for approving, reviewing, checking, or correcting any plans or specifications or for approving, reviewing or inspecting any Improvements.
D. Design Defects. After acceptance of the Improvements, the Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by a latent design or construction defect. Provisions of this paragraph shall remain in full force and effect for ten (10) years following acceptance by City of the Improvements. It is the intent of this Section that Subdivider shall be responsible for all liability for design and construction of the Improvements pursuant to this Agreement and that City shall not be liable for any negligence,
ATTACHMENT B
nonfeasance, misfeasance, or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing or inspecting the Improvements.
Section 18. Insurance. Prior to commencing work on the Improvements, Subdivider shall present to City proof of insurance for the following policies, in a form acceptable to City.
A. Commercial General Liability. No less than Two Million Dollars ($2,000,000.00) per occurrence and an aggregate limit of not less than Four Million Dollars ($4,000,000.00). Such insurance shall also:
i. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to City and City Agents.
ii. Be primary with respect to any insurance or self-insurance programs covering City and City Agents.
B. Automotive Liability Insurance. No less than Two Million Dollars ($2,000,000.00) for each occurrence. Such insurance shall also:
i. Name City and City Agents as insured by endorsement with respect to performance of this Agreement. The coverage shall contain no special limitation on the scope of its protection afforded to City and City Agents.
ii. Be primary with respect to any insurance or self-insurance programs covering City and City Agents; and
iii. Workers’ Compensation and Employers’ Liability Insurance.
Subdivider and its subcontractors shall, to the extent required by California law, maintain workers’ compensation insurance and, to the extent applicable, Employer’s Liability Insurance. The Employer’s Liability Insurance shall be no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
Section 19. Notices. Any notice or communication required hereunder between City and Subdivider must be in writing, and may be given either personally, by registered or certified mail, or by Federal Express, UPS or other similar couriers providing overnight delivery. All notices or communications shall be accompanied by a copy sent by email. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by registered or certified mail, such notice or communication shall be deemed to have been received on the first to occur of (a) actual receipt by any of the addressees specified below, or (b) three (3) days after a registered or certified letter containing such notice, properly addressed, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address to which such notice or communication shall
ATTACHMENT B
be given. Notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Ceres
Attn: Engineering Division
2220 Magnolia Street
Ceres, CA 95307
Email: [email protected]
with copy to: City of Ceres
Attn: City Clerk
2220 Magnolia Street
Ceres, CA 95307
Email: [email protected]
with copy to: White Brenner LLP
Attn: Nubia I. Goldstein, Esq.
1608 T St.
Sacramento, CA 95811
Email: [email protected]
If to Subdivider: ___________________________
___________________________
___________________________
Email:
with copy to: ___________________________
___________________________
___________________________
Email:
Section 20. General Provisions:
A. Recitals. The recitals above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement. In the event of any inconsistency between the Recitals and the Sections contained in this Agreement, the Sections shall prevail.
B. Governing Law; Venue. The validity, interpretation and performance of this Agreement shall be controlled by and construed pursuant to the laws of the State of California.
Venue for any legal proceedings initiated in connection with this Agreement shall be in the Superior Court for Stanislaus County.
C. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement, including but not limited to all Subdivision Laws, Improvement Standards, and all federal, state and local labor laws. Subdivider shall, at its expense, be responsible for obtaining all applicable licenses and permits.
ATTACHMENT B
D. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
E. Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Agreement. No Party shall be deemed to have made any such waiver unless it is in writing and signed by the Party so waiving.
F. Integration. It is the intention of the Parties that this Agreement shall supersede any prior agreements, discussions, commitments, representations or agreements, written, electronic or oral, between the Parties with respect to the subject matter contained herein.
G. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
H. No Agency Relationship. Neither Subdivider nor any of Subdivider’s agents, contractors, or employees are or shall be considered to be agents of City in connection with the performance of Subdivider’s obligations under this Agreement.
I. Assignment. Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of City. City shall not release any Security given to secure the performance of any Improvements not assigned.
J. Covenant Running With the Land. All representations, covenants and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all of the Parties, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
K. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
L. Further Acts. Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
M. Time is of the Essence. Time is of the essence in this Agreement in each covenant and term and condition herein.
N. Authority. Each Party executing this Agreement certifies, in their individual or corporate capacity that (i) they have legal or equitable title to the applicable parcels subject to this Agreement; (ii) they are authorized to enter into this Agreement, and (iii) they have complied with all requirements under state or federal law for such person or entity to execute this Agreement.
ATTACHMENT B
O. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to review this Agreement and to have such provisions reviewed by legal counsel. Therefore, any rule of construction that any ambiguities are to be resolved against the drafting Party shall not apply in construing this Agreement.
P. Attorney Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret any provision of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
Q. Modification; Approvals. This Agreement may be amended only by a written instrument signed by the Parties. Any approval or consent that is to be given by City pursuant to this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.
R. Exhibits. All exhibits attached hereto are incorporated into and made part of this Agreement:
Exhibit A: Legal Description of Property
Exhibit B: Cost Estimate for Improvements
Exhibit C: Performance Security
Exhibit D: Payment Security
Exhibit E: Warranty Security
Exhibit F: CFF Credits (Wastewater)
Exhibit G: CFF Credits (Transportation)
Exhibit H: Specific Plan Reimbursement for Oversizing (Bus Turnout) Exhibit I: Parkland Dedication/Fee Analysis
[Signatures on following page]
ATTACHMENT B
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates signed below.
CITY:
City of Ceres,
a California municipality
By:
Print:
City Manager
Date:
[SUBJECT TO NOTARY ACKNOWLEDGMENT]
ATTEST:
By:
Print: ______
City Clerk
Date:
SUBDIVIDER:
_______________________________,
A California _____________________
By:
Print:
Title:
Date: __________________
[SUBJECT TO NOTARY ACKNOWLEDGMENT]
APPROVED AS TO FORM:
By:
Nubia Goldstein, City Attorney
Date:
ATTACHMENT B
EXHIBIT A
Legal Description of Property
ATTACHMENT B
EXHIBIT B
Cost Estimate for Improvements
ATTACHMENT B
EXHIBIT C
Performance Security
ATTACHMENT B
EXHIBIT D
Payment Security
ATTACHMENT B
EXHIBIT E
Warranty Security
ATTACHMENT B
EXHIBIT F
CFF Credits (Wastewater)
Sewer line design and engineering: $ 37,220.00
Total Wastewater CFF Credits Per Unit
($37,220 divided by 107 units) = $ 347.85 per lot
ATTACHMENT B
EXHIBIT G
CFF Credits (Transportation)
Median in Whitmore Avenue Reimbursed by Fee Offsets
Construction Estimate $ 236,785.60
Engineering and CM (12%) $ 28,414,27
Contingency (15%) $ 35,517.84
Total $ 265,199.87
Traffic Signal Engineering Reimbursed by Fee Offsets
Engineering Fees $ 18,824.00
Total Transportation CFF Credits $ 284,023.87
Total Transportation Credits Per Unit
($284,023.87 divided by 107 units) = $ 2,654.43 per lot
ATTACHMENT B
EXHIBIT H
Specific Plan Reimbursement for Oversizing (Bus Turnout) Whitmore Bus Turnout: $40,499
Engineering and CM (12%): $4,340.28
Contingency (15%): $5,425.35
Total: $50,264.63
APN Area
(Acres)
Percentage
of Area of
Benefit
Reimbursement Credits Overpayment
069-017-001 1.22 0.022 $ 1,112.53
069-017-002 1.71 0.031 $ 1,559.37
069-017-003 0.42 0.008 $ 383.00
069-017-004 0.82 0.015 $ 747.77
069-017-005 1.88 0.034 $ 1,714.40
069-017-006 1.88 0.034 $ 1,714.40
069-017-007 8.40 0.152 $ 7,660.07
069-017-008 19.55 0.355 $ 17,827.89 $ 50,264.63 $ 32,436.74 069-017-010 10.00 0.181 $ 9,119.13
069-017-011 3.08 0.056 $ 2,808.69
069-017-012 3.08 0.056 $ 2,808.69
069-017-013 3.08 0.056 $ 2,808.69
TOTAL: 55.12 1.00 $ 50,264.63
ATTACHMENT B
EXHIBIT I
Parkland Dedication/Fee Analysis
Subdivision Responsibility
107 units x 3.0 persons/unit = 321 Population
City Park Standard 4.0 acres/1000 Population
Parkland Required 4.0 x 321/1000 = 1.28 acres
Parkland Provided in Dual Use Park/Basin
Above Flooding Level 51,857 sf = 1.19 acres
(50% credit) Subject to Inundation 25,121 sf
(0.576 acres / 2) = 0.29 acres
Total Provided 1.48 acres
Park Requirement Satisfied.
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: September 28, 2026
To: Mayor and City Council
From: Steve Williams, Interim City Manager
Contact: Michael Beltran, City Engineer, [email protected] Subject: Resolution
Approving Project Agreement No. 8 to the Master Agreement for Professional Consultant Services with Westwood Professional Services, Inc. for CEQA and NEPA Environmental Services for the Crows Landing Road Rehabilitation Project and Crows Landing Lift Station Project in the Amount of $76,691.72 and Authorizing the Interim City Manager to Execute the Agreement
Recommended Council Action:
Adopt a Resolution approving Project Agreement No. 8 to the Master Agreement for Professional Consultant Services with Westwood Professional Services, Inc. for California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental services for the Crows Landing Road Rehabilitation Project and Crows Landing Lift Station Project in the amount of $76,691.72 and authorizing the Interim City Manager to execute the agreement.
Background:
On July 14, 2025, the City entered into a Master Agreement for Professional Consultant Services with Westwood Professional Services, Inc. to provide general civil engineering and surveying-related professional services on an as-needed basis. The Master Agreement allows the City to authorize individual assignments through separate Project Agreements that establish the specific scope of work, schedule, and compensation for each project.
The City is currently advancing the Crows Landing Road Rehabilitation Project, which consists of the reconstruction of approximately one mile of Crows Landing Road between Whitmore Avenue and Service Road.
The project includes full-depth pavement reconstruction, complete street improvements, and installation of several utility transmission facilities, including sewer, storm drain, and
technology/fiber infrastructure. The project is anticipated to receive federal transportation funding administered through the California Department of Transportation (Caltrans). Because federal funding is involved, the project is required to comply with the National Environmental Policy Act (NEPA) and applicable Caltrans environmental requirements prior to construction.
In conjunction with the roadway rehabilitation project, the City is also advancing the Crows Landing Lift Station Project. The lift station is a backbone sewer infrastructure component identified in the City Council-approved 2011 West Landing Specific Plan and is intended to convey future sewer flows to the planned force main within Crows Landing Road and ultimately to the City’s wastewater treatment plant.
The lift station was originally planned along West Hackett Road, west of Crows Landing Road. As the City has continued to refine the sewer system design, the proposed lift station location has been moved approximately 2,000 feet southeast to a location near the future intersection of Street B and Crows Landing Road.
The revised location places the lift station closer to the planned Crows Landing Road force main, reduces the required conveyance distance, and provides more direct access from Crows Landing Road for future City operations and maintenance activities. The original lift station location was evaluated for compliance with CEQA as part of the 2011 West Landing Specific Plan Environmental Impact Report (EIR). Because the proposed location has changed, additional environmental evaluation is necessary to determine whether the relocation remains within the impacts previously analyzed in the EIR and to determine the appropriate CEQA documentation.
Westwood Professional Services, Inc. has submitted a proposal to provide the CEQA services required for the lift station relocation and the additional NEPA technical studies required for the Crows Landing Road Rehabilitation Project.
Reasons for Recommendation:
Project Agreement No. 8 will authorize Westwood Professional Services, Inc. to complete the environmental studies necessary to advance both the Crows Landing Road Rehabilitation Project and the Crows Landing Lift Station Project. For the Crows Landing Lift Station Project, Westwood will prepare a project description and evaluate the proposed relocation against the conclusions of the previously certified West Landing Specific Plan EIR using the current CEQA Environmental Checklist.
Westwood has indicated that the relocation may be considered a minor change to the project previously analyzed in the West Landing Specific Plan EIR. Based on the results of the environmental evaluation, Westwood will prepare the appropriate CEQA documentation. The CEQA scope includes preparation of the project description and graphics, an Environmental Checklist, a biological resources technical review, and preparation of the required environmental document.
If the environmental analysis determines that the lift station relocation does not result in
new or substantially increased environmental impacts, the project may qualify for a CEQA Addendum. If additional public or agency review is required, Westwood will instead prepare a Negative Declaration or Mitigated Negative Declaration and complete the associated public review and noticing process.
For purposes of establishing the Project Agreement amount, staff has included the higher-cost environmental review option so sufficient authorization is available should a Negative Declaration or Mitigated Negative Declaration be required. This will avoid the need to return to the City Council for an amendment solely because a higher level of CEQA documentation is determined to be necessary.
For the Crows Landing Road Rehabilitation Project, Westwood will prepare the technical studies necessary to complete the NEPA environmental process through Caltrans. Because the roadway project includes federal funding administered by Caltrans, NEPA compliance is required. The requested technical studies include:
• Cultural resource studies;
• Area of Potential Effects documentation;
• Archaeological Survey Report;
• Historic Property Survey Report;
• Geoarchaeological sensitivity assessment;
• Cultural resource records research and pedestrian field survey; • Assistance with applicable Section 106 consultation;
• Hazardous waste and materials review;
• Initial Site Assessment Technical Memorandum; and
• Land Use and Community Impact Assessment Technical Memorandum.
The Land Use and Community Impact Assessment will evaluate temporary construction-related impacts along the corridor, including property access, temporary reductions in parking, emergency response access and coordination, and potential impacts to bus stops and transit routes. The NEPA technical studies will be prepared in accordance with the Caltrans Standard Environmental Reference and coordinated with Caltrans District 10 Local Assistance. Completion of these environmental studies is necessary for the City to obtain environmental clearance and continue advancing the projects through final design and construction. Staff recommends approval of Project Agreement No. 8 with Westwood Professional Services, Inc. in the amount of $76,691.72.
Fiscal Impacts:
The total amount of Project Agreement No. 8 is $76,691.72. The agreement will be funded using available SB 1 Road Maintenance and Rehabilitation Account funds, Account No. 27795.800500(2520), assigned to the Crows Landing Road Rehabilitation Project. Sufficient funds are currently available within the existing project budget to fund Project Agreement No. 8. Therefore, a budget amendment is not required.
Existing Policy / Relationship to the Strategic Plan:
Approval of Project Agreement No. 8 is consistent with the City’s efforts to maintain and improve critical transportation and utility infrastructure and to responsibly leverage available state and federal transportation funding.
The Crows Landing Road Rehabilitation Project will rehabilitate an important transportation corridor while coordinating improvements to roadway, sewer, storm drainage, and other infrastructure.
Completion of the environmental work will also allow the City to continue advancing the infrastructure necessary to support planned development within the West Landing Specific Plan area.
Approval of the agreement is further consistent with the City’s responsibility to comply with applicable state and federal environmental regulations and Caltrans Local Assistance requirements for federally funded transportation projects.
Policy Alternatives:
The City Council could elect not to approve Project Agreement No. 8.
This alternative is not recommended because the required CEQA and NEPA environmental studies would remain incomplete. Without environmental clearance, the City would be unable to advance the Crows Landing Road Rehabilitation Project through the federal-aid process or complete the environmental review necessary for the proposed lift station relocation.
The City Council could also direct staff to modify the proposed scope of work or negotiate a reduced scope with Westwood Professional Services, Inc. This alternative is also not recommended because the proposed scope has been developed to address the environmental studies currently anticipated for CEQA compliance and those identified as necessary to complete the Caltrans NEPA process. Reducing the scope may delay environmental clearance and could require additional consultant authorization at a later date.
Interdepartmental Coordination
The Engineering Department will administer Project Agreement No. 8 and coordinate Westwood’s work.
Engineering staff will coordinate with other City departments as necessary regarding roadway operations, utility infrastructure, land use, emergency access, transit impacts, and the proposed lift station.
The City will also continue to coordinate with Caltrans District 10 Local Assistance throughout completion and review of the NEPA technical studies.
Public Participation:
Approval of Project Agreement No. 8 authorizes professional environmental and technical study services and does not constitute approval of the construction of either project.
Public participation associated with the lift station project will depend on the type of CEQA document determined to be appropriate following completion of the environmental evaluation.
If the project qualifies for an Addendum to the previously certified West Landing Specific Plan EIR, a separate public circulation period is not anticipated. If a Negative Declaration or Mitigated Negative Declaration is required, the environmental document will be circulated for the required public and agency review period.
Westwood's proposal provides for a 30-day public and agency circulation period if a Negative Declaration or Mitigated Negative Declaration is required.
The NEPA process for the Crows Landing Road Rehabilitation Project will be completed in coordination with Caltrans and will include any agency or public involvement required as part of the applicable federal environmental process.
Environmental Review:
The action before the City Council is approval of Project Agreement No. 8 for professional environmental consulting services.
Approval of the Project Agreement does not constitute approval of the Crows Landing Road Rehabilitation Project or the Crows Landing Lift Station Project and does not predetermine the outcome of the CEQA or NEPA environmental review.
The purpose of Project Agreement No. 8 is to prepare the environmental studies and documentation necessary to determine and obtain the appropriate environmental clearances for the projects.
For the Crows Landing Lift Station Project, Westwood will evaluate the revised lift station location in consideration of the previously certified West Landing Specific Plan EIR and current CEQA requirements.
For the Crows Landing Road Rehabilitation Project, Westwood will prepare the technical studies necessary to support NEPA clearance through Caltrans.
Any required CEQA findings, environmental documents, or other environmental approvals will be completed prior to approval and construction of the applicable project.
Steps Following Approval:
Following City Council approval, the Interim City Manager will execute Project Agreement No. 8 with Westwood Professional Services, Inc.
Attachments:
Attachment A - Resolution
Attachment B - Project Agreement
Attachment C - Executed Master Agreement
ATTACHMENT A
RESOLUTION
APPROVING PROJECT AGREEMENT NO. 8 TO THE MASTER AGREEMENT FOR
PROFESSIONAL CONSULTANT SERVICES WITH WESTWOOD PROFESSIONAL SERVICES, INC. FOR CEQA AND NEPA ENVIRONMENTAL SERVICES FOR THE
CROWS LANDING ROAD REHABILITATION PROJECT AND CROWS LANDING LIFT STATION PROJECT IN THE AMOUNT OF $76,691.72 AND AUTHORIZING THE
INTERIM CITY MANAGER TO EXECUTE THE AGREEMENT
THE CITY COUNCIL
City of Ceres
WHEREAS, on July 14, 2025, the City of Ceres entered into a Master Agreement for Professional Consultant Services with Westwood Professional Services, Inc. to provide professional services to the City on an as-needed basis; and WHEREAS, the Master Agreement provides for individual assignments to be authorized through Project Agreements establishing the scope of work, schedule, and compensation for specific projects; and
WHEREAS, the City is advancing the Crows Landing Road Rehabilitation Project, which includes reconstruction of approximately one mile of Crows Landing Road between Whitmore Avenue and Service Road and associated roadway and utility improvements; and
WHEREAS, the Crows Landing Road Rehabilitation Project includes federal transportation funding administered by the California Department of Transportation and therefore requires compliance with the National Environmental Policy Act and applicable Caltrans environmental requirements; and
WHEREAS, the City is also advancing the Crows Landing Lift Station Project, a backbone sewer infrastructure improvement identified in the 2011 West Landing Specific Plan; and
WHEREAS, the City proposes to relocate the Crows Landing Lift Station from its originally planned location along West Hackett Road to a location near the future intersection of Street B and Crows Landing Road, requiring additional environmental review under the California Environmental Quality Act; and WHEREAS, Westwood Professional Services, Inc. has submitted a scope of work to provide the California Environmental Quality Act environmental services necessary for the Crows Landing Lift Station Project and the National Environmental Policy Act technical studies necessary for the Crows Landing Road Rehabilitation Project; and
WHEREAS, Project Agreement No. 8 has been prepared under the Master Agreement for Professional Consultant Services with Westwood Professional Services, Inc. in an amount not to exceed $76,691.72; and
WHEREAS, sufficient funding is available within the existing Crows Landing Road Rehabilitation Project budget from SB 1 Road Maintenance and Rehabilitation Account No. 27795.800500(2520), and no budget amendment is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ceres that it hereby approves Project Agreement No. 8 to the Master Agreement for Professional Consultant Services with Westwood Professional Services, Inc. for CEQA and NEPA environmental services for the Crows Landing Road Rehabilitation Project and Crows Landing Lift Station Project in the amount of $76,691.72 and authorizes the Interim City Manager to execute the agreement.
PASSED AND ADOPTED by the City Council of the City of Ceres at a regular meeting held on the 28th day of September 2026, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
APPROVED:
ATTEST:
________________________________
Javier Lopez, Mayor
___________________________________
Fallon Martin, City Clerk
PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
WESTWOOD PS
PROJECT AGREEMENT No. 8
TO THE MASTER AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
FOR CAPITAL PROJECTS
Providing: Environmental Services described in
Exhibit A
Professional Consultant Services for
City of Ceres Engineering Department
Project – Crows Landing Road Reconstruction
This Project Agreement is made this 25th day of August 2026, by and between the City of Ceres, a municipal corporation, hereinafter referred to as “CITY”, and Westwood Professional Services, a professional consulting firm, hereinafter referred to as “CONSULTANT”. CITY and CONSULTANT may collectively be referred to as “Parties” or individually as “Party”. There are no other Parties to this Project Agreement.
RECITALS
A. Following a Request for Qualifications (“RFQ”) process to select qualified professional consulting firms to perform services for the City on an as needed basis for various engineering specialties, the Parties entered into a Master Agreement for Professional Consultant Services for Capital Projects (“Master Agreement”) on July 14, 2025.
B. City seeks to hire an independent contractor to perform environmental services to assist the City with the Crows Landing Road Reconstruction (the “Project”).
C. Consultant has made a proposal to the City to provide such professional engineering services for the Project. A description of the services Consultant proposes to provide is included in the Scope of Services in Exhibit A (“Services”). City desires to retain Consultant to perform the Services, subject to the terms and conditions set forth in this Agreement, the Master Agreement, and the Amendment.
D. The Parties have outlined the schedule or timeline for providing the Services (“Performance Schedule”), which shall be included in Scope of Services in Exhibit A. The final schedule shall be adjusted for a start date no sooner than the Effective Date of this Agreement.
E. The Parties have outlined the rates and method of payment to consultant for its performance of the Services under the Master Agreement.
ATTACHMENT B
PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
WESTWOOD PS
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Section 1 through 14 of this Agreement, Sections 1 through 14 shall prevail.
Section 2. Term. The term of this Agreement shall stay in effect until the satisfactory completion of the Services as further described in Exhibit A, but in no case more than one (1) year.
Section 3. Effective Date. This Agreement shall only become effective once all the Parties have executed the Agreement.
Section 4. Incorporation of Master Agreement. The Parties hereby incorporate all terms, conditions, and exhibits contained in the Master Agreement and the Amendment, subject to the limitation that if there are any inconsistencies between the terms of this Agreement and those contained in the Master Agreement and the Amendment, the terms of this Agreement shall prevail.
Section 5. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide City the Services described in Exhibit A. Any request for Services not included in Exhibit A will be considered a request for additional or modified Services (“Modification” or “Modifications”). Consultant shall not perform a Modification nor receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
Section 6. Compensation. City shall pay Consultant according to the rates and timing set forth in the Master Agreement. City’s total compensation to Consultant shall be on a time and materials, not to exceed sum of seventy six thousand six hundred ninety one dollars and seventy two cents ($76,691.72) (“Maximum Payment”) unless the Parties mutually agree to a Modification in writing otherwise.
Section 7. Notice to Proceed. Consultant shall not commence the performance of the Services until it has been given notice by City in accordance with Section 9 of the Master Agreement (“Notice to Proceed”). The Performance Schedule shall be adjusted for a start
ATTACHMENT B
PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
WESTWOOD PS
date no sooner than the Notice to Proceed or execution of this Agreement, whichever comes later.
Section 8. Time of Performance. Consultant warrants that it will commence performance of the Services within thirty (30) calendar days of the Notice to Proceed and shall conform to the Performance Schedule. The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
Section 9. Assurance of Performance. If, at any time, City believes Consultant may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Consultant for written assurances of performance and a plan to correct observed deficiencies in Consultant's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
Section 10. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
Section 11. Exhibits. All “Exhibits” referred to below or attached to herein are by this reference incorporated into this Agreement.
Exhibit Designation Exhibit Title
Exhibit A: Scope of Services
Section 12. Notices. Any notice or communication required hereunder between City and Consultant must be in writing, and may be given either personally, by electronic mail (“email”) (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS or other similar couriers providing overnight delivery. If personally delivered, a notice or communication shall be deemed to have been given when delivered to the Party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual receipt of the entire document by the receiving Party’s email server. Notices transmitted by email after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with
ATTACHMENT B
PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
WESTWOOD PS
postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Clerk
Tel: (209) 538-5611
[email protected]
With courtesy copies to: City of Ceres
2220 Magnolia Street
Ceres, California, 95307
Attention: City Engineer
Tel: (209) 538-5792
[email protected]
and White Brenner LLP
1608 T Street
Sacramento, California 95811
Attention: Nubia I. Goldstein, Esq.
Tel: (916) 468-0950
[email protected]
If to Consultant: Westwood Professional Services
1165 Scenic Dr. Ste A
Modesto, California, 95350
Attention: Scott Roberts, P.L.S., Director
Tel: (559) 668-0009
[email protected]
Section 13. Modification/Termination. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement subject to the requirements set forth in the Master Agreement.
ATTACHMENT B
PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
WESTWOOD PS
Section 14. General Provisions
14.1. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
14.2. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement in whole or in part to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
14.3. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
14.4 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.
14.5. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
14.6. Counterparts. This Agreement may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
14.7. Entire Agreement. This Agreement, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to
ATTACHMENT B
PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
WESTWOOD PS
the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
14.8. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
14.9. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
14.10. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
14.11. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
14.12. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to Section 34 of the Master Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
14.13. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
14.14. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[SIGNATURES ON FOLLOWING PAGE.]
ATTACHMENT B
PROJECT AGREEMENT NO. 8
BETWEEN CITY OF CERES AND
WESTWOOD PS
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated below.
Dated: ______________________, 2026
Dated: ______________________,
2026
CITY OF CERES, a municipal corporation
By____________________________
Signature
Steve Williams, Interim City Manager
Name and Title
CONSULTANT
By_____________________________
Signature
Scott Roberts, Director
Name and Title
APPROVED AS TO FORM
_______________________________
Nubia I. Goldstein, City Attorney
ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
August 27, 2026
Michael Beltran, PE
City of Ceres
Director of Engineering / City Engineer
2220 Magnolia Street
Ceres, CA 95307
Re: Crows Landing Lift Station Project – CEQA
STPL-5241(085) Crows Landing Road Rehabilitation Project - NEPA Dear Mike,
Westwood is pleased to submit the following work plan to provide California Environmental Quality Act (CEQA) compliance services for the city’s Crows Landing Lift Station Project (proposed project), located within the West Crows Landing Specific Plan area. We understand the proposed project site is to be relocation from its originally planned location off Hackett Road (west of Crows Landing Road) to a new location near the proposed intersection of Street B (future specific plan circulation improvement) and Crows Landing Road.
The following work plan also includes additional National Environmental Policy Act (NEPA) support services for the City’s Crows Landing Road Rehabiliation Project.
Our work plan to provide the requested CEQA/NEPA compliance services is described in this letter proposal, which includes the following:
- Project Understanding & Approach
- Scope of Work
- Fee Estimate
Westwood will commit the resources necessary to support this project and work within the scope of work, budget, and schedule outlined herein. We look forward to positive feedback and continued correspondence with you. If you would like to proceed with this work, please confirm and we will work with you to prepare an agreement for your review and signature.
Sincerely,
Ray Weiss
Environmental Lead
Westwood Professional Services, Inc.
[email protected]
Direct: 916.621.9115
EXHIBIT A ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
LIFT STATION PROJECT
Understanding and Approach
The proposed project (Lift Station) is a backbone infrastructure component identified in the city council approved 2011 West Landing Specific Plan (Figure 8.1, page 8-5). The proposed lift station project is intended to facilitate sewer conveyance flows to the planned sewer force main line (for Crows Landing Road) and the existing line in Service Road, which directs sewer flows east to the city’s wastewater treatment plant (near the intersection of Service and Morgan Roads). Westwood understands that the city would like to relocate the proposed lift station site approximately 2,000 feet to the southeast from the original location (along West Hackett Road) to a new location with closer proximity to Crows Landing Road. The specific plan identifies “Neighborhood Commercial” land uses for the original site location and “Office/Mixed Use” for the proposed new location. A project site in closer proximity to Crows Landing Road will reduce flow distance to the new force main line and provide a more direct access location for future operational activities and equipment from this primary travel route.
The proposed project’s original location (along Hackett Road) was evaluated for compliance with CEQA as part of the 2011 West Landing Specific Plan Environmental Impact Report (EIR). With relocation of the project site within close proximity to the location evaluated in the EIR, the proposed project may be considered a “minor change” to the originally adopted specific plan and does not appear to require a subsequent EIR evaluation under CEQA Guidelines Section 15162 “Subsequent EIRS and Negative Declarations”. Westwood will evaluate the proposed project’s new location in consideration of the West Landing Specific Plan EIR conclusions using the current (2026) CEQA Environmental Checklist Form (CEQA Guidelines Appendix G). These conclusions will be used to support preparation of a CEQA Addendum or Negative Declaration should the project qualify as a minor change.
Scope of Work
Task 1: Prepare CEQA Project Description
To provide an efficient start to the project and assist with environmental documentation scoping for the proposed project, Westwood will develop a project description for use by the technical team to evaluate the proposed project. The project description will include the project’s purpose and need, objectives, project features, and construction methods/equipment needs for the project.
Upon review and confirmation of the project description by the city, Westwood will commence preparation of the Environmental Checklist Form.
DELIVERABLES
Email delivery of draft and final project description (PDF and MS Word version) with supporting materials and graphics.
ASSUMPTIONS
Includes two rounds of review and comments.
Scope assumes project specific preliminary design, property parcel, and topographical survey data (CADD or GIS based) is available (with no revisions to the preliminary design data used to complete task deliverables).
EXHIBIT A ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
Task 2a: Prepare CEQA Addendum
Using the CEQA Project Description completed under Task 1, Westwood will evaluate the project using the Environmental Checklist Form in consideration of the EIR conclusions. Should the project qualify as a minor change (no change to impact conclusions) and not require further review, Westwood will prepare a CEQA Addendum. Should additional public/agency review be required, Westwood will prepare a negative declaration (or mitigated negative declaration) for a 30-day public review and circulation period.
The CEQA Addendum will be supported by background research using the West Landing Specific Plan EIR, updated online resources, and a biological resource field survey (see Attachment A) of the proposed project location. The completed Environmental Checklist Form will be included as part of the CEQA Addendum.
DELIVERABLES
Draft and Final CEQA Addendum transmitted digitally (in PDF and MS Word format) with supporting materials and graphics.
ASSUMPTIONS
Property location and size is based on the Subject Property boundaries provided by the Client at the time of project authorization. It is assumed that the project boundaries will not change during the assessment.
The Client will coordinate site access during normal business hours and will provide notice to landowners that Westwood staff will be conducting work on the Subject Property.
Task 2b: Prepare CEQA Negative Declaration
Using the CEQA Project Description completed under Task 1, Westwood will evaluate the project using the Environmental Checklist Form in consideration of the EIR conclusions. Should additional public/agency review be required, Westwood will prepare a negative declaration (or mitigated negative declaration) for a 30-day public review and circulation period.
The CEQA Negative Declaration will be supported by background research using the West Landing Specific Plan EIR, updated online resources, and a biological resource field survey (see Attachment A) of the proposed project location. The completed Environmental Checklist Form will be included.
Following review of the draft Negative Declaration, the document will be circulated for 30-day public/agency review. Westwood will review any comments received during the circulation period; however, formal responses are not anticipated or required.
DELIVERABLES
Draft and Final Negative Declaration transmitted digitally (in PDF and MS Word format) with supporting materials and graphics.
ASSUMPTIONS
Property location and size is based on the Subject Property boundaries provided by the Client at the time of project authorization. It is assumed that the project boundaries will not change during the assessment.
EXHIBIT A ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
The Client will coordinate site access during normal business hours and will provide notice to landowners that Westwood staff will be conducting work on the Subject Property.
Westwood is available to assist with comment/response letters during the public review process, if a negative declaration is prepared, as an optional task. Document mailing or noticing will be limited to document posting on the City’s website. Westwood will deliver all CEQA notices to the State Clearinghouse. Print copies of all deliverables are available on an additional time/materials basis.
Fee Estimate
Our proposed fee to complete Tasks 1 and 2, with details on staff hours by project task is provided in Attachment A. Per the attachment, completion of the CEQA Addendum process (Tasks 1 and 2a) is $25,753. Should the project require completion of the CEQA Negative Declaration process (Tasks 1 and 2b), the fee is $$32,523.
CROWS LANDING ROAD REHABILIATION PROJECT
STPL-5241(085)
Understanding and Approach
Westwood understands the City is seeking to complete the National Environmental Policy Act (NEPA) process for the Crows Landing Road Rehabilitation Project (proposed project) located in the southwestern portion of the City. The proposed project includes reconstruction of approximately 1 mile of Crows Landing Road between Whitmore Avenue and Service Road. As a local roadway improvement project that includes federal funding administered by the California Department of Transportation (Caltrans), the proposed project will require compliance with NEPA, and the city is requesting assistance with the following Caltrans NEPA technical studies (as more fully described in the Preliminary Environmental Study form):
• Hazardous Waste/Materials Technical Memo (focused on construction process). • Land Use and Community Impact Assessment Technical Memo (focus on property access impacts, temporary parking reduction, emergency response access and coordination, impact to bus stops/ routes).
• Cultural Resource Studies (to include APE Map, Historic Property Survey Report, Archaeological Survey Report, and a Geo-Archeological Survey).
Our approach includes completion of all NEPA technical studies consistent with the guidelines identified in the Caltrans Standard Environmental Reference (SER) and according to Caltrans District 10 Local Assistance (Lizzy Hummel, Environmental Branch Chief) reviewer expectations. The following scope of work and our current understanding of the project include the following assumptions:
EXHIBIT A ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
• Project components include full-depth pavement reconstruction, installation of complete street features, and installation of several utility transmission lines (including sewer, stormdrain, and technology fiber). • No permanent parcel right-of-way required.
• Temporary construction easements may be necessary for curb improvements or equipment staging areas. However, equipment staging is expected to occur within the existing roadway right-of-way as part of the construction phasing.
• Construction equipment use would include excavators, pavement cutter (or small-scale jackhammers for pavement removal), loaders, dump trucks, roller or paver, and concrete mixers; however, average daily use would be limited to four or five pieces of equipment over a 2-to-3-month period.
• Ground disturbance is limited to a maximum depth of 35 feet.
Scope of Work
Task 1: Prepare Cultural Resource NEPA Technical Studies The proposed project will rely on federal funding and meets the definition of an “undertaking” according to 36 CFR §800.16(y). Caltrans, acting as the lead agency under the delegated authority of the Federal Highway Administration, is providing oversight of this undertaking in accordance with the First Amended Programmatic Agreement Among the Federal Highway Administration, the Advisory Council on Historic Preservation, the California State Historic Preservation Officer, and the California Department of Transportation Regarding Compliance with Section 106 of the National Historic Preservation Act, as it Pertains to the Administration of the Federal-Aid Highway Program in California.
An Archaeological Survey Report and Historic Properties Identification Report will be prepared to support the project’s compliance with the Caltrans SER, CEQA, and NEPA under authority delegated to Caltrans by the Federal Highway Administration in accordance with the provisions of the Memorandum of Understanding between the FHWA and Caltrans concerning the State of California's Participation in the Surface Transportation Project Delivery Pilot Program Pursuant to 23 U.S.C. 327, which became effective October 1, 2012. Caltrans is acting as the lead federal agency for this undertaking and providing regulatory oversight. The Memorandum of Understanding was signed pursuant to 23 U.S.C. 327, as amended by Moving Ahead for Progress in the 21st Century Act (MAP-21), which allows Caltrans environmental review and consultation responsibilities under NEPA.
Archaeological Survey Report and Historic Property Survey Report Tasks undertaken by GEI to complete the Archaeological Survey Report (ASR) and Historic Property Survey Report (HPSR) technical reports include:
• Background Research. Pre-field investigations will begin with a record search at the California Historical Resources Information System (CHRIS) at the Central California Information Center at California State University, Stanislaus. The records search will identify previously recorded resources within or near the APE and determine whether the APE has been previously surveyed up to current standards. In addition, GEI will conduct primary and
EXHIBIT A ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
secondary research relating to the APE. GEI will contact the Native American Heritage Commission (NAHC) to obtain a list of Native American contacts for the Project and conduct a search of the Sacred Lands File.
• Geoarchaeological Sensitivity Assessment. An assessment of the projects potential to effect geoarchaeological resources will be conducted using relevant maps and documents (e.g., archaeological studies, geologic reports, Quaternary geologic maps, Stanislaus County Soil Survey).
• Pedestrian Survey. A GEI archaeologist will conduct an intensive pedestrian survey of the entire APE. All areas of exposed ground would be thoroughly inspected for the presence of cultural materials. Transect intervals will be no more than 15 meters apart. • Documentation. Once fieldwork is completed, GEI will prepare the ASR and HPSR. The ASR is appended to the HPSR; these documents will present the methods and findings of the CHRIS records search, fieldwork, geoarchaeological sensitivity assessment, and recommendations. Additionally, appropriate maps and historical society correspondence will be appended.
• Native American Consultation. According to SER Volume 2 Chapter 3.4.3.1, for Local Assistance Projects, it is the responsibility of the local agency/project sponsor to comply with Section 106 consultation with Tribes. GEI will assist with Tribal consultation by utilizing information obtained from the NAHC and draft initial Section 106 consultation letters to Tribal representatives identified in their Tribal contact list.
Assembly Bill 52 Consultation Notification (Optional)
Under Assembly Bill 52 (AB 52) (California Government Code Section 21080.3.1 (a)), The City of Ceres, as the CEQA lead agency, is required to begin consultation with California Native American Tribes that have requested notification and are traditionally and culturally affiliated with the geographic area of the project site prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. GEI’s cultural resources team will meet with the city during a 30 minute-virtual meeting at project kick off and the city can direct GEI on the AB 52 approach for the project including which Tribes the City will notify of the project. GEI will assist the city with consultation under AB 52 by providing the city with an AB 52 assistance package that includes up to 10 drafted AB 52 notification letters, a correspondence tracker, and applicable legislation to assist the city in implementing AB 52. After receipt of notification letters, Native American contacts have 30 days to reply to a request for consultation under AB 52.
DELIVERABLES
MS Word and PDF email delivery of the HPSR/ASR draft/final. MS Word and PDF email delivery of the Section 106 letters. MS Word and PDF email delivery of the AB 52 letters.
ASSUMPTIONS
• The direct and indirect APE are coterminous.
EXHIBIT A ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
• Caltrans Professionally Qualified Staff will concur with the appropriateness of the APE in advance of preparation of the ASR/HPSR.
• Caltrans Professionally Qualified Staff will consult with Native Americans for Section 106 compliance, per the SER.
• The APE is less than 1 acre.
• Permission to enter the limits of ground disturbance, GIS presenting the limits of ground disturbance and project design, project description, maximum dept of ground disturbance per construction activity, and Caltrans Professionally Qualified Staff contact information will be provided at notice to proceed,
• The APE does not contain cultural resources.
• The records search conducted in the CHRIS will cost no more than $1,000.00 • Includes two rounds of consolidated review and comments for each deliverable by the city/Caltrans staff. If more than two rounds of comments are received, GEI will prepare a cost estimate to address additional rounds of comments.
• Should additional resources be encountered, or the APE boundary require revisions, GEI will prepare a cost estimate to evaluate the anticipated number of resources within the APE.
Resources will be documented on Department of Parks and Recreation 523 Forms. • The cultural resources assessment work presented herein does not include any archaeological or built environment cultural resources evaluation.
• No more than 10 tribes will be notified per Section 106 and no more than 10 tribes will be notified per AB 52. No tribal responses will be received to the notification letters, no tribal cultural resources will be identified, and the environmental document will result in no impact to Tribal Cultural Resources, and no mitigation will be included.
Task 2: Prepare Initial Site Assessment Technical Memo
To complete this technical memo, Westwood staff will review the following sources to determine whether they indicate any hazardous substances that may be encountered during work at the project location:
• The Geotracker database of State Water Resources Control Board overseen hazardous substances cases.
• The EnviroStor database of the Department of Toxic Substance Control overseen hazardous substances cases.
• City of Ceres regulations, policies, and guidelines regarding hazardous substances that may be encountered.
Westwood will prepare a technical memorandum (City-letterhead format) summarizing the environmental restrictions that should be considered when performing the work for the proposed project. The technical memo will be prepared by staff with experience completing similar evaluations and will ensure consistency with the Caltrans SER. Following preparation of the draft technical memo, the initial site assessment will be submitted for city review. Following review, Westwood will finalize the technical memo and work with the project team to complete the review process with Caltrans staff.
DELIVERABLES
Draft and final technical memo transmitted digitally in word and PDF.
EXHIBIT A ATTACHMENT B
1165 Scenic Drive, Suite A
Modesto, CA 95350
main (209) 571-1765
ASSUMPTIONS
• Two rounds of technical memo review and comment.
• Scope assumes project limits are clearly provided, and preliminary or final design plans are available for review.
• No field visits will be conducted. All assessments and recommendations will be based on review of online databases and discussions with City of Ceres staff. A field visit can be completed as an optional task, if requested.
Task 3: Prepare Land Use and Community Impacts (CI) Technical Memo The scope of the proposed roadway improvement features may temporarily affect existing roadway corridor circulation, parking, and access to surrounding land uses. To complete this task, Westwood will prepare a CI Technical Memo for the project (City-letterhead format) that addresses the construction-related project impacts to local community issues including property access impacts, temporary parking reduction, emergency response access and coordination, impact to bus stops/ routes. The technical memo will be prepared by staff with experience completing similar evaluations and will ensure consistency with the Caltrans SER. Following preparation of the draft technical memo, the CI Technical Memo will be submitted for city review. Following review, Westwood will finalize the technical memo and work with the project team to complete the review process with Caltrans staff.
DELIVERABLES
Draft and final technical memo transmitted digitally in word and PDF.
ASSUMPTIONS
Two rounds of technical memo review and comment.
Scope assumes project limits are clearly provided, and preliminary or final design plans are available for review.
Fee Estimate
Our proposed fee to complete these NEPA-related tasks is provided in Attachment B.
EXHIBIT A ATTACHMENT B
Cost Proposal
Note: Mark-ups are Not Allowed Prime Consultant Subconsultant 2nd Tier Subconsultant Consultant
Project No. Contract No. Date 8/26/2026
DIRECT LABOR
Hours Range
Actual or
Average
Hourly Rate
Total
158 N/A $62.50 $9,875.00
2 $40.00-$140.00 $90.00 $180.00
15 N/A $50.96 $764.40
60 N/A $34.18 $2,050.80
19 $21.00-$100.00 $60.50 $1,149.50
LABOR COSTS Total Hours 254
a) Subtotal Direct Labor Costs $14,019.70
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $14,019.70
INDIRECT COSTS
d) Fringe Benefits (Rate: 59.68% ) e) Total Fringe Benefits [(c) x (d)] $8,366.96 f) Overhead (Rate: 131.46% ) g) Overhead [(c) x (f)] $18,430.30 h) General and Administrative (Rate: 0.00% ) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $26,797.25
FIXED FEE (Rate: 10.00% ) k) TOTAL FIXED FEE [(c) + (j)] x (q)] $4,081.70 l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Unit Total
$5,750.00
$5,750.00
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) $26,043.07
$26,043.07
$31,793.07
TOTAL COST [(c) + (j) + (k) + (n)] $76,691.72
Unit Cost
GEI Consultants, Inc.
Biology
Lead Environmental* Ray Weiss
GIS Technician Antonio Olea
Admin TBD
COST PROPOSAL Page 1 OF 3
COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Westwood Professional Services
City of Ceres Environmental Services
Description of Item Quantity
Classification/Title Name
Engineer TBD
Lead GIS Alex Malloy
l) TOTAL OTHER DIRECT COSTS
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] NOTES:
1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.
3. Anticipated salary increases calculation (page 2) must accompany.
January 2020
EXHIBIT A ATTACHMENT B