Los Banos City Council Agenda – September 16, 2026 Page 1 of 6 www.losbanos.org
AGENDA
CITY COUNCIL MEETING
Meeting Location:
CITY HALL COUNCIL CHAMBERS
520 J Street
Los Banos, California
September 16, 2026 – 6:00 PM
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1 Los Banos City Council Agenda – September 16, 2026 Page 2 of 6 Levine Act Statement – Campaign Contribution Prohibition and Mandatory Disclosure: Pursuant to Government Code section 84308, a Council member shall not accept, solicit, or direct a campaign contribution of more than $500 from any party or their agent, or from any participant or their agent, while a proceeding involving a license, permit, contract, or other entitlement for use is pending before the City or for 12 months after a final decision is rendered in that proceeding. Any Council Member who has received a campaign contribution of more than $500 within the preceding 12 months from a party or their agent, or from a participant or their agent, must disclose that fact on the record of the proceeding and shall not make, participate in making, or in any way attempt to use their official position to influence the decision.
Pursuant to Government Code section 84308, subdivision (e), any party to a covered proceeding before the City Council is required to disclose on the record of the proceeding any campaign contribution, including aggregated contributions, of more than $500 made within the preceding 12 months by the party or their agent to any Council Member. The disclosure shall be made as required by Government Code Section 84308, subdivision (e)(1) and California Code of Regulations, Title 2, section 18438.8. No party or their agent, and no participant or their agent, shall make a campaign contribution of more than $500 to any Council Member during the covered proceeding or for 12 months after a final decision is made in that proceeding. The foregoing statements do not constitute legal advice, and parties and participants are urged to consult with their own legal counsel regarding the applicable requirements of the law.
Please note: The Brown Act provides the public with an opportunity to make public comment at any public meeting. As an alternative for in-person comments, written public comment may be made by e-mail to [email protected] or delivered to the City Clerk at City Hall, 520 J Street. All comments received will be read by the City Clerk during Public Forum and added to the agenda packet on the City’s website for public review. Agenda packets can be found on the City’s website at the following link:
https://losbanos.org/category/city-council/
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the meeting and in the City Clerk’s office located at City Hall, 520 J Street, Los Banos, California during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.losbanos.org.
* * * * * * * * * * * * * * * *
Cualquier escritura o los documentos proporcionaron a una mayoría del Ayuntamiento respecto a cualquier artículo en este orden del día será hecho disponible para la inspección pública en la reunión y en la oficina de la Secretaria de la ciudad en City Hall, 520 J Street, Los Banos, California durante horas de oficina normales. Además, tales escrituras y los documentos pueden ser anunciados en el website de la ciudad en www.losbanos.org.
If you require special assistance or translation services to attend or participate in this meeting, please call the City Clerk’s Office @ (209) 827-7000 at least 48 hours prior to the meeting.
The City of Los Banos complies with the Americans with Disabilities Act (ADA) of 1990. * * * * * * * * * * * * * * * *
Si requiere asistencia especial o asistencia de traducción para atender o participar en esta junta por favor llame a la oficina de la secretaria de la ciudad al (209) 827-7000 a lo menos de 48 horas antes de la junta.
La Ciudad de Los Banos cumple con la ley de Estadounidenses con Discapacidades (ADA) de 1990.
2 Los Banos City Council Agenda – September 16, 2026 Page 3 of 6
COMMUNITY BLESSING
1. CALL TO ORDER – September 16, 2026 6:00 PM
2. PLEDGE OF ALLEGIANCE.
3. ROLL CALL: (City Council Members)
____ [vacant] – District 1 ____ Refugio LLamas – District 2 ____ Marcus Chavez – District 3 ____ Deborah Lewis – District 4 ____ Michael Amabile – Mayor
4. INFORMATIONAL AND PRESENTATION AGENDA ITEMS.
These items are included for informational purposes. No presentation will be made by staff unless City Council members have questions.
A. Certificate of Recognition – Employee of the Month for August 2026 – Marisol Calderon, Administrative Coordinator, Parks & Recreation Department.
B. City Council Resolution No. 7159 – Commendation to Mitzy Perez.
Recommendation: Adopt the resolution as submitted.
5. NEW EMPLOYEE INTRODUCTIONS.
Recommendation: Informational item only, no action to be taken.
6. PUBLIC FORUM. ( This time is reserved for members of the public who wish to address the City Council on items that are NOT on the agenda and that are within the subject matter jurisdiction of the City Council. Speakers must direct their comments to the City Council and limit their comments to no more than three (3) minutes. It is requested that no comments be made during this period on items on the Agenda. The public will have an opportunity to comment on items on the agenda once the item has been called and the Mayor opens the item to the public. The City Council is prohibited by law from taking any action on matters discussed that are not on the agenda. No adverse conclusions should be drawn if the City Council does not respond to public comment at this time.
Speakers are not allowed to surrender/cede their public comment time.)
7. CONSIDERATION OF APPROVAL OF CONSENT AGENDA. (Items on the Consent Agenda are considered to be routine and will be voted on in one motion unless removed from the Consent Agenda by a City Council Member.)
A. Check Register for #260007 – #260202 in the Amount of $1,804,667.39.
Recommendation: Approve the check register as submitted.
B. Minutes for the September 2, 2026 City Council Meeting.
Recommendation: Approve the minutes as submitted.
pgs. 7-10
pgs. 11-12
pgs. 13-16
pgs. 17-26
3 Los Banos City Council Agenda – September 16, 2026 Page 4 of 6 C. City Council Resolution No. 7160 – Approving and Adopting Final Tract Map No. 2025-03 San Luis Estates and Accompanying Subdivision Improvement Agreement (Century Communities of California, LLC).
Recommendation: Adopt the resolution as submitted.
D. City Council Resolution No. 7161 – Authorizing Award of a Construction Contract to Cal Valley Construction, inc. in the Amount of $670,402.00 with a 15% Contingency in the Amount of $100,560.30 and Amending the Fiscal Year 2026-27 Budget by $398,058.53 for the De Anza Way/State Route 165 Access Improvements Project.
Recommendation: Adopt the resolution as submitted.
E. City Council Resolution No. 7162 – Authorizing the City Manager to Issue Purchase Orders for Steel Roller Compactor ($170,490.02), Hydro Excavator Truck ($766,290.55), Backhoe ($178,409.34), Sewer Truck ($882,579.11) Through the Cooperative Procurement Contract with Sourcewell.
Recommendation: Adopt the resolution as submitted.
F. City Council Resolution No. 7163 – Approving the Program Supplement Agreement No. 10-5160F15 and Related Documents for the CMAQ Grant CML-5160(032) for the Purchase of an Electric Street Sweeper in the Amount of $759,000.00 and Authorizing the City Manager to Execute the Agreement and Related Documents.
Recommendation: Adopt the resolution as submitted.
G. City Council Resolution No. 7164 – Approving an Agreement with EC America, Inc., a Subsidiary of ImmixGroup, for the Three (3)-Year Renewal Purchase of Procore Project Management Software for the Public Works Department in the Total Amount of $72,314.22 and Authorizing the City Manager to Execute the Agreement.
Recommendation: Adopt the resolution as submitted.
H. City Council Resolution No. 7165 – Approving an Amendment to the Managed IT Services Agreement with Mid Valley IT for the City Hall Server Cluster and Network Infrastructure Upgrade in the Amount of $335,344.35, Authorizing a Ten Percent (10%) Contingency in the Amount of $33,534.00, and Authorizing the City Manager to Execute the Amendment and Related Documents.
Recommendation: Adopt the resolution as submitted.
REGULAR AGENDA
Regular agenda items will be considered separately by the City Council. Public comments will be allowed after the introduction of an agenda item and before City Council discussion.
Members of the public will be limited to three (3) minutes for each agenda item.
8. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7166 – APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. FOR pgs. 27-68
pgs. 69-82
pgs. 83-104
pgs. 105-116
pgs. 117-134
pgs. 135-152
4 Los Banos City Council Agenda – September 16, 2026 Page 5 of 6
BUILDING AND FIRE PREVENTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
Recommendation: Receive staff report and adopt the resolution as submitted.
9. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7167 – ADOPTING THE CITY OF LOS BANOS FISCAL YEAR 2026-27 STATE LEGISLATIVE
PRIORITIES AND AUTHORIZING ADVOCACY CONSISTENT WITH THE ADOPTED LEGISLATIVE PLATFORM.
Recommendation: Receive staff report and adopt the resolution as submitted.
10. INFORMATIONAL UPDATE – DEVELOPMENT SERVICES CENTER (FORMER POLICE ANNEX).
Recommendation: Informational item only, no action to be taken.
11. CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7168 –
APPROVING A HOMELESS HOUSING, ASSISTANCE, AND PREVENTION (HHAP) PROGRAM AGREEMENT WITH THE COUNTY OF MERCED; APPROVING A FISCAL YEAR 2026-27 BUDGET AMENDMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT.
Recommendation: Receive staff report and adopt the resolution as submitted.
12. BRIEF CITY DEPARTMENT REPORTS.
A. Community & Economic Development
B. Finance
C. Parks & Recreation
D. Human Resources
E. Public Works
F. Fire
G. Police
Recommendation: Informational item only, no action to be taken.
13. CITY ATTORNEY REPORT.
Recommendation: Informational item only, no action to be taken.
14. CITY MANAGER REPORT.
Recommendation: Informational item only, no action to be taken.
15. BRIEF CITY COUNCIL MEMBER REPORTS.
pgs. 153-178
pgs. 179-190
pgs. 191-200
pgs. 201-260
5 Los Banos City Council Agenda – September 16, 2026 Page 6 of 6 A. Refugio Llamas– District 2
B. Marcus Chavez – District 3
C. Deborah Lewis – Mayor Pro Tem - District 4
D. Vacant – District 1
E. Michael Amabile – Mayor
16. CLOSED SESSION.
Members of the public will be provided three (3) minutes each to comment on any matter to be considered in closed session prior to the City Council adjourning into closed session.
A. Conference with Legal Counsel – Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 of the Government Code:
One Case.
17. ADJOURNMENT.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting.
Vionna Lin, Assistant City Clerk Dated this 11th day of September 2026 6 Certificate of recognition
Presented to
MARISOL CALDERON
Administrative Coordinator
In recognition of your outstanding performance
and dedicated service to the City of Los Banos and for
being named “Employee of the Month” for August 2026
Awarded September 16, 2026
________________________
Michael S. Amabile, Mayor
ITEM 4A
7 THIS PAGE IS INTENTIONALLY LEFT BLANK
8 RESOLUTION NO. 7159
A RESOLUTION OF COMMENDATION TO
MITZY PEREZ
WHEREAS, MITZY PEREZ was elected as Council Member for District 1 of the City of Los Banos and was certified elected on September 17, 2025, by the Registrar of Voters' Certification of the Results of the Canvass of the August 26, 2025, Special Municipal Election; and
WHEREAS, MITZY PEREZ has faithfully served the City of Los Banos and its City Council for ten months as Council Member for District 1; and WHEREAS, by her devotion to her duties MITZY PEREZ has greatly contributed to the governmental process of the City of Los Banos.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it hereby expresses its sincere gratitude and appreciation to MITZY PEREZ for her service to the City of Los Banos in her capacity of Council Member for District 1.
BE IT FURTHER RESOLVED that an embossed copy of this resolution be presented to MITZY PEREZ as an expression of the City’s appreciation.
The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 2026 by the following affirmative vote:
APPROVED:
______________________________
Michael S. Amabile, Mayor
_______________________________
Refugio LLamas
Council Member - District 2
_______________________________
Marcus Chavez
Council Member - District 3
_______________________________
Deborah Lewis
Mayor Pro Tem/Council Member -
District 4
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
_______________________________
Soknirorn Than, City Manager
ITEM 4B
9 THIS PAGE IS INTENTIONALLY LEFT BLANK
10 520 J St. LOS BANOS, CA 93635
TELEPHONE (209) 827-7044 FAX (209) 827-6223
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Isabel Carlos
Human Resources Director
DATE: September 16, 2026
TYPE OF REPORT: Presentation
SUBJECT: New and Promotional Employee Introductions
The City is committed to recruiting, developing, and retaining a high-quality workforce to serve our community. As part of this commitment, the City regularly introduces and recognizes new hires and recently promoted employees at City Council meetings.
The individuals recognized tonight reflect the City’s ongoing efforts to maintain approved staffing levels, ensure operational continuity, and support employee career development.
The following employees are being recognized for August through September 9, 2026:
Public Works Department
1. Marcus Vause – Maintenance Worker III, promoted effective September 1, 2026.
2. Jacob Ocampo – Part Time Maintenance Worker, new hire effective September 1, 2026.
Fire Department
3. Brandon Ulloa – Firefighter, new hire effective September 1, 2026.
4. Joshua Hickman – Firefighter, new hire effective September 3, 2026.
Parks and Recreation Department
5. Joaquin Bravo – Part Time Maintenance Worker, new hire effective September 1, 2026.
6. Monzerrad Castillo – Part Time Recreation Assistant, new hire effective September 3, 2026.
ITEM 5
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12 Check Number Payment Date Vendor Payment Amount
260007 08/28/2026 Anabasis LLC 7,123.00
260008 08/28/2026 Sara Blevins 353.75
260009 08/28/2026 John Butler 280.00
260010 08/28/2026 Central Valley Cardiovascular Group Inc. 200.00 260011 08/28/2026 Kalel Inc. 20,445.74
260012 08/28/2026 Tim J Law 2,400.00
260013 08/28/2026 Debbie L. Marshall 400.00
260014 08/28/2026 Merced County Registrar Voters 34.00
260015 08/28/2026 Marizol Romero 103.20
260016 08/28/2026 AT&T Mobility 57.49
260017 08/28/2026 AT&T 2,278.06
260018 08/28/2026 Ismael Alonso 65.00
260019 08/28/2026 Dorothy June Baker 402.04
260020 08/28/2026 Bear Electrical Solutions, Inc. 1,735.00 260021 08/28/2026 Crispin Ochoa Bejinez 598.13
260022 08/28/2026 Barton Overhead Door Inc 1,025.00
260023 08/28/2026 Beam Insurance Administrators LLC 27,673.61 260024 08/28/2026 BJ's Consumers Choice Pest Control Inc. 80.00 260025 08/28/2026 BlueTriton Brands, Inc. 178.85
260026 08/28/2026 Bound Tree Medical LLC 89.43
260027 08/28/2026 BSK Associates 2,275.29
260028 08/28/2026 Claudia Buenrostro 65.00
260029 08/28/2026 Caliber Bodyworks, Inc. 4,068.00
260030 08/28/2026 Cal Traffic 5,198.78
260031 08/28/2026 Chrisp Company 99,923.78
260032 08/28/2026 Clark Pest Control Inc 124.00
260033 08/28/2026 Comcast 317.12
260034 08/28/2026 CPS 694.40
260035 08/28/2026 Custom Locksmith & Alarm Inc. 289.82
260036 08/28/2026 Ruben Canchola 65.00
260037 08/28/2026 Paul Coney 65.00
260038 08/28/2026 Teri Crawford 100.00
260039 08/28/2026 De Lage Landen Public Finance LLC 408.32 260040 08/28/2026 Dos Palos Publishing Company 190.00
260041 08/28/2026 Doane and Hartwig Water Systems, Inc. 1,637.67 260042 08/28/2026 Edges Electrical Group, LLC 359.04
260043 08/28/2026 Federal Express Corporation 309.99
260044 08/28/2026 Fehr & Peers 17,382.97
260045 08/28/2026 Flex Technology Group LLC 122.18
260046 08/28/2026 GCS Environmental Equipment Services 234.84 260047 08/28/2026 Government Staffing Services, Inc. 11,200.00 260048 08/28/2026 Grainger Parts Operations 421.77
260049 08/28/2026 Halcyon Creek Inc. 1,834.88
260050 08/28/2026 Home Depot 8,167.54
260056 08/28/2026 Killingsworth Gear 10,279.96
260057 08/28/2026 Kings View 7,316.00
260058 08/28/2026 Mark Thomas & Company. Inc. 42,024.99 260059 08/28/2026 Tires to you Inc 100.00
260060 08/28/2026 Marfab Inc 262.44
Ck # 260007 - 260202 09/16/26 $1,804,667.39
ITEM 7A
13 260061 08/28/2026 Martin Marietta Materials, Inc. 1,200.00 260062 08/28/2026 Merced Truck & Trailer Inc 128.54
260063 08/28/2026 Madera Uniform & Accessories 20.66
260064 08/28/2026 Mid-Valley Disposal LLC 325,406.60
260065 08/28/2026 Mission Merced Incorporated 11,526.30 260066 08/28/2026 Motorola Solutions, Inc. 57,568.52
260067 08/28/2026 NDN International LLC 2,449.55
260068 08/28/2026 David Oliveira 579.75
260072 08/28/2026 PlaceWorks, Inc. 1,777.37
260073 08/28/2026 Price Paige and Company CPA's LLP 7,450.00 260074 08/28/2026 Purchase Power Inc 3,049.99
260075 08/28/2026 Protech Security & Electronics, Inc. 222.68 260076 08/28/2026 Reliance Standard Life Insurance Company 6,248.85 260078 08/28/2026 Ronny's Inc. 3,330.00
260079 08/28/2026 Jessica Rodriguez 350.00
260080 08/28/2026 SJVAPCD 152.00
260081 08/28/2026 Sample Traps LLC 1,075.00
260082 08/28/2026 Save Mart Supermarkets 151.86
260083 08/28/2026 SWConstruction, Inc. 108,481.28
260084 08/28/2026 Sherwin Williams Co 766.69
260085 08/28/2026 Sorensens True Value 1,544.71
260087 08/28/2026 Stantec Consulting Services, Inc. 7,854.94 260088 08/28/2026 Technicon Engineering Services, Inc. 628.00 260089 08/28/2026 CalMat Co. 299.77
260090 08/28/2026 Uline, Inc. 203.66
260091 08/28/2026 United Site Services, Inc. 2,280.42
260092 08/28/2026 Vanir Construction Management, Inc. 120,340.00 260093 08/28/2026 Vestis Group, Inc. 119.10
260094 08/28/2026 Vestis 1,026.61
260095 08/28/2026 Verizon Wireless 1,995.08
260096 08/28/2026 West Coast Arborists, Inc. 9,919.00
260097 08/28/2026 Westside Water Conditioning 64.03
260098 08/28/2026 Windecker Inc 11,459.84
260108 09/04/2026 Aflac-Customer Service 215.93
260109 09/04/2026 AFSCME District Council 57 2,197.77
260110 09/04/2026 Empower Annuity Ins. Co of America 2,742.00 260111 09/04/2026 Empower Annuity Ins. Co of America 1,552.62 260112 09/04/2026 Los Banos Police Assn 1,485.00
260113 09/04/2026 Los Banos Police Assn. 350.00
260114 09/04/2026 Merced County Sheriff 187.96
260115 09/04/2026 MissionSquare 2,701.89
260116 09/04/2026 MissionSquare 9,975.00
260117 09/04/2026 Nationwide Retirement Solutions 6,199.83 260118 09/04/2026 Professional Fire Fighter of Los Banos Local 4703 647.26 260119 09/04/2026 State Disbursement Unit 1,575.00
260120 09/04/2026 Anabasis LLC 294,040.26
260121 09/04/2026 Apex Annex Health Center, Inc. 1,250.00 260122 09/04/2026 Central Valley Cardiovascular Group Inc. 200.00 260123 09/04/2026 Eric Gallichio 1,571.20
260124 09/04/2026 Laboratory Corporation of America Holdings 1,060.50 260125 09/04/2026 Liebert Cassidy Whitmore 552.50
260126 09/04/2026 Nossaman, LLP 6,676.00
260127 09/04/2026 Jesus Parras 106.12
260128 09/04/2026 State Water Resources Control Board 60.00 260129 09/04/2026 Animal Damage Management, Inc. 4,736.00 260132 09/04/2026 AT&T 100.09
260133 09/04/2026 Axon Enterprise, Inc. 1,030.95
14 260134 09/04/2026 Backflow Apparatus & Valve Co. 124.70 260135 09/04/2026 Dorothy June Baker 1,859.61
260136 09/04/2026 Beacon Athletics LLC 1,420.15
260137 09/04/2026 Boot Barn 342.44
260138 09/04/2026 Stericycle Inc 242.47
260139 09/04/2026 BSK Associates 63.33
260140 09/04/2026 Burton's Fire Inc. 922.88
260141 09/04/2026 Cal Builds Inc 3,562.85
260142 09/04/2026 Callander Associates Landscape Architecture, Inc. 7,504.98 260143 09/04/2026 A & E Industrial Cleaning Equipment 655.22 260144 09/04/2026 CENCAL Machine & Fabrication Inc. 18.45 260145 09/04/2026 Comcast 146.60
260146 09/04/2026 CPS 1,433.60
260147 09/04/2026 Dos Palos Publishing Company 180.00
260148 09/04/2026 Duo-Safety Ladder Corporation 165.45
260149 09/04/2026 GCS Environmental Equipment Services 887.87 260150 09/04/2026 Helena Chemical Co Inc 1,704.66
260151 09/04/2026 Hoffman Electronic Systems 258.90
260152 09/04/2026 Holt of California 11,902.01
260153 09/04/2026 Language Line Services 11.28
260154 09/04/2026 LC Action Police Supply, LTD 49,805.33 260155 09/04/2026 Los Banos Rental Yard Inc 83.15
260156 09/04/2026 Marfab Inc 74.47
260157 09/04/2026 Matson Alarm Co Inc 215.00
260158 09/04/2026 McCrometer Inc. 560.00
260159 09/04/2026 McElvany Inc 26,242.00
260160 09/04/2026 Merced Chevrolet Inc. 89.98
260161 09/04/2026 Merced Truck & Trailer Inc 585.57
260162 09/04/2026 Madera Uniform & Accessories 2,224.97 260163 09/04/2026 Mitchell Repair Information Company, LLC 3,300.00 260164 09/04/2026 Miracle Playsystems, Inc. 3,378.33
260165 09/04/2026 Modesto Janitorial Supply Center, Inc. 1,135.98 260166 09/04/2026 Alberto Muniz 320.00
260167 09/04/2026 Napa Auto Parts of Los Banos 914.18
260168 09/04/2026 OSE 277.49
260169 09/04/2026 O'Reilly Auto Parts 1,285.57
260171 09/04/2026 PG&E Company 23,907.27
260172 09/04/2026 Pace Supply Corp. 3,735.93
260173 09/04/2026 Phoenix Group Information Systems 4,770.20 260174 09/04/2026 Gametime 208.05
260175 09/04/2026 Precision Civil Engineering, Inc 6,565.00 260176 09/04/2026 Provost and Pritchard Engineering, Inc. 40,620.01 260177 09/04/2026 Protech Security & Electronics, Inc. 590.00 260178 09/04/2026 Razzari Dodge Chrysler Jeep 104.79
260179 09/04/2026 Safe T Lite of Modesto, Inc. 4,056.29 260180 09/04/2026 Save Mart Supermarkets 118.60
260181 09/04/2026 SHI International Corp 36.09
260182 09/04/2026 Robert & Susan Hansen 220.76
260183 09/04/2026 Smith & Loveless Inc 1,879.56
260184 09/04/2026 Sorensens True Value 908.26
260185 09/04/2026 Superior Pool Products, LLC 3,988.92
260186 09/04/2026 Swinerton Builders 219,788.10
260187 09/04/2026 T-Mobile USA Inc. 637.94
260188 09/04/2026 Technicon Engineering Services, Inc. 3,712.50 260189 09/04/2026 Terryberry Company LLC 357.69
260190 09/04/2026 Terminix Processing Center 135.00
260191 09/04/2026 The Don Chapin Co., Inc. 1,239.76
15 260192 09/04/2026 The Heil CO 238.00
260193 09/04/2026 CalMat Co. 308.28
260194 09/04/2026 Vestis Group, Inc. 119.10
260195 09/04/2026 Vestis 1,516.10
260196 09/04/2026 Verizon Wireless 615.45
260197 09/04/2026 West Coast Arborists, Inc. 9,919.00
260198 09/04/2026 Westside Water Conditioning 193.50
260199 09/04/2026 Westwood Professional Services, Inc. 19,305.50 260200 09/04/2026 White Cap, L. P. 3,598.35
260201 09/04/2026 Windecker Inc 10,430.64
260202 09/04/2026 Young's Air Conditioning 5,097.52
Break in check sequence due to the following: Payment Type Check #260051 - #260055 (Manual Void) Regular Checks 174 1,804,667.39 Check #260069 - #260071 (Manual Void) Manual Voids 13
Check #260077 (Manual Void) Voided Checks 0
Check #260086 (Manual Void) 1,804,667.39
Check #260099 - #260107 (Utility Billing)
Check #260130 - #260131 (Manual Void)
Check #260170 (Manual Void)
Check #260203 - #260214 (Utility Billing)
16 CITY OF LOS BANOS
CITY COUNCIL MEETING MINUTES
September 2, 2026
ACTION MINUTES – These minutes are prepared to depict action taken for agenda items presented to the City Council. For a detailed account of this meeting, refer to the video recording available on YouTube, which serves as a permanent record.
CALL TO ORDER: Mayor Amabile called the City Council Meeting to order at the hour of 6:01 p.m.
PLEDGE OF ALLEGIANCE: Police Chief Reyna led the pledge of allegiance.
ROLL CALL – MEMBERS OF THE CITY COUNCIL PRESENT: Council Members Refugio LLamas – District 2, Marcus Chavez – District 3, Deborah Lewis – District 4, Mayor Michael Amabile, District 1 – vacant; ABSENT: None
STAFF MEMBERS PRESENT: City Manager Than, City Attorney Lerner, City Clerk Mallonee, City Treasurer Lawrence, Community & Economic Development Director Souza Elms, Police Chief Reyna, Public Works Director Via, Fire Chief Dorenbush, Finance Director Moreno (participating via Zoom), Parks & Recreation Director Heim, Human Resources Director Carlos
PRESENTATIONS.
PROCLAMATION – RECOGNIZING JOE SOUSA FOR HIS PUBLIC SERVICE AND DEDICATION TO THE COMMUNITY OF LOS BANOS. Mayor Amabile presented the proclamation to Joe Sousa who was present to accept.
PUBLIC FORUM: THIS TIME IS RESERVED FOR MEMBERS OF THE PUBLIC WHO
WISH TO ADDRESS THE CITY COUNCIL ON ITEMS THAT ARE NOT ON THE AGENDA
AND THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL. SPEAKERS MUST DIRECT THEIR COMMENTS TO THE CITY COUNCIL AND LIMIT THEIR COMMENTS TO NO MORE THAN THREE (3) MINUTES. IT IS REQUESTED THAT NO COMMENTS BE MADE DURING THIS PERIOD ON ITEMS ON THE AGENDA.
THE PUBLIC WILL HAVE AN OPPORTUNITY TO COMMENT ON ITEMS ON THE
AGENDA ONCE THE ITEM HAS BEEN CALLED AND THE MAYOR OPENS THE ITEM TO THE PUBLIC. THE CITY COUNCIL IS PROHIBITED BY LAW FROM TAKING ANY ACTION ON MATTERS DISCUSSED THAT ARE NOT ON THE AGENDA. NO ADVERSE
CONCLUSIONS SHOULD BE DRAWN IF THE CITY COUNCIL DOES NOT RESPOND TO PUBLIC COMMENT AT THIS TIME. SPEAKERS ARE NOT ALLOWED TO SURRENDER/CEDE THEIR PUBLIC COMMENT TIME. Mayor Amabile opened the public forum. JOHN SPEVAK stated that it was a pleasure to be present for the presentation of a proclamation honoring Joe Sousa. He recognized Mr. Sousa’s longtime contributions to the City, including his work on the canal trail and his service on the Parks & Recreation and Tree Commissions for approximately 25 years. Mr. Spevak described Mr. Sousa as one of the 17 ITEM 7B
City’s most dedicated and hardworking employees and expressed appreciation for his service to the community. BLANCHE JORGE, a downtown resident, spoke about September 11 and the role of search-and-rescue, police, bomb-detection, therapy, and recovery dogs during the events of that day. She also recognized the City’s animal shelter and noted that a rescue dog was identified and trained through the local shelter. MARIANA NIEVES, owner of Hippie Soul and founder of the Sunday Artisan Market, spoke about her experience operating a downtown business and creating opportunities for other small businesses through the market. She noted that many vendors have turned their market participation into businesses and stated that she encourages vendors to obtain the required permits and business licenses. She said the market brings hundreds of families downtown each Sunday and contributes to downtown revitalization and support of other local businesses. CARLOS FLORES, District 1, spoke regarding Mitzi Perez’s resignation and raised questions concerning the circumstances surrounding the resignation and an electionrelated investigation. He expressed concerns regarding County election processes, employment opportunities in Merced County, and the City’s hiring of an additional attorney, including the cost to taxpayers. NAOMI GUZMAN, District 1, thanked Mariana Nieves for establishing the Artisan Market and expressed concern about the limited activities available for local youth. She asked about the status of the proposed aquatic facility and expressed concerns regarding violence and bullying, youth activities, community events, employment opportunities, ongoing development, and the lack of progress on projects that have been discussed for several years. She also expressed concern regarding the condition of City streets and potholes. City Clerk Mallonee read letters from JULIE CREIGHTON and ANGELINA MENDOZA into the record. Ms. Creighton’s letter addressed the District 1 vacancy and expressed concerns regarding the selection of the next representative. Ms.
Mendoza’s letter requested additional information regarding the City’s plans to address homelessness, including the One Tree project, emergency shelter capacity, services, and options for individuals currently experiencing unsheltered homelessness. No one else came forward to speak and the public forum was closed.
CONSIDERATION OF APPROVAL OF CONSENT AGENDA. Council Member LLamas requested a brief discussion regarding Item H – City Council Resolution No. 7156 – Approving the Purchase of One (1) BMW Police Motorcycle in the Amount of $44,301.91 from Long Beach BMW Motorcycles Through the State of California Contract No. 1-22-23- 30 Motorcycles. Mayor Amabile requested discussion regarding Item F – City Council Resolution No. 7154 – Rejecting the Bids for the Ag Sports Complex Pickleball Lights Project.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by LLamas, seconded by Chavez to approve the consent agenda items as follows, with the removal of City Council Resolution Nos. 7154 and 7156 for separate discussion and approval: Check Register for #259737 – #260006 in the Amount of $3,028,114.06; City Council Meeting Minutes for August 19, 2026; City Council Resolution No. 7151 – Accepting the Downtown Gateway Sign Project as Complete and Authorizing the Filing of the Notice of Completion with the Merced County Recorder (P&F Metals); City Council Resolution No. 7152 – Authorizing Award of Construction Contract to Hensley’s Paving and General Engineering, Inc. in the Amount of $419,580.03 with a 15% Contingency in the Amount of 18 $62,937.00 for the Downtown Alley Overlay Improvements Project; City Council Resolution No. 7153 – Authorizing Award of Construction Contract to Katch Environmental, Inc. in the Amount of $1,574,016.00 with a 15% Contingency in the Amount of $236,102.00 for Mercey Springs Waterline Improvements Project, Authorizing the City Manager to Execute the Agreement, and Amending the Fiscal Year 2026-2027 Budget; City Council Resolution No. 7154 – Rejecting the Bids for the Ag Sports Complex Pickleball Lights Project; City Council Resolution No. 7155 – Approving the Purchase Agreement for Three (3) Fire Command Vehicles in the Total Amount of $191,828.03 from Winner Chevrolet/Elk Grove Auto Group Through the State of California Contract No. 1-22-23-23D, and Authorizing the City Manager to Execute the Agreement; City Council Resolution No. 7156 – Approving the Purchase of One (1) BMW Police Motorcycle in the Amount of $44,301.91 from Long Beach BMW Motorcycles Through the State of California Contract No. 1-22-23-30 Motorcycles; Ordinance No. 1217 – Renewing Title 4, Chapter 12 of the Los Banos Municipal Code Authorizing the Funding, Acquisition, and Use of Military Equipment Pursuant to California Government Code Section 7071(e). The motion carried by the following vote: AYES:
Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
Item F – City Council Resolution No. 7154 – Rejecting the Bids for the Ag Sports Complex Pickleball Lights Project. Public Works Director Via explained the reasons for rejecting the bids for the pickleball court lighting project. He stated that six bids were received, but the three lowest bidders had irregularities, including failure to sign required documents and acknowledge addenda. The next lowest responsive bid exceeded the amount budgeted for the project. Staff determined it was in the City’s best interest to reject all bids and rebid the project in hopes of receiving responsive bids within the City’s budget.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by Lewis, seconded by Chavez to adopt City Council Resolution No. 7154 – Rejecting the Bids for the Ag Sports Complex Pickleball Lights Project. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
Item H – City Council Resolution No. 7156 – Approving the Purchase of One (1) BMW Police Motorcycle in the Amount of $44,301.91 from Long Beach BMW Motorcycles Through the State of California Contract No. 1-22-23-30 Motorcycles. Council Member LLamas requested discussion of the item and asked for additional information regarding the proposed purchase of a BMW police motorcycle, including its use and benefits to public safety. Police Chief Reyna explained the reason for the purchase, noting the importance of the traffic division and the motorcycles’ maneuverability and effectiveness for traffic enforcement, including around schools. He stated that the new motorcycle would replace an older 2007 motorcycle, which could then be retained for training or as a backup. Council Member LLamas expressed his appreciation for the information and the Department’s efforts to improve traffic safety and protect the community.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by LLamas, seconded by Chavez to adopt City Council Resolution No. 7156 – Approving the Purchase of One (1) BMW Police Motorcycle in the Amount of $44,301.91 from Long Beach BMW Motorcycles Through the State of California Contract No. 1-22-23- 19 30 Motorcycles. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
DISCUSSION AND DIRECTION OF CHROMIUM VI TREATMENT ENGINEERING REPORT. Public Works Director Via presented the staff report and introduced Kevin Berryhill, P.E., of Provost & Pritchard, who provided a PowerPoint presentation on the engineering report addressing chromium-6 in the City’s drinking water. Mr. Berryhill reviewed the chromium-6 regulations, the City’s compliance timeline, treatment alternatives that have been considered, recent pilot testing, and estimated costs. He explained that all 13 City wells exceed the State’s 10 parts per billion standard and that the City has received an extension to 2030 to address the issue. Mr. Berryhill discussed several treatment alternatives, including replacement wells, blending, surface water, ion exchange, reverse osmosis, and zerovalent iron. He explained that reduction-coagulation-filtration (RCF) was identified as the most viable option. The process converts soluble chromium-6 into a form that can be removed through filtration. Recent pilot testing successfully reduced chromium-6 levels below the State limit, although additional work is needed to address filter backwashing, waste handling, and water flushing during system startup. Based on the pilot testing, the estimated cost to treat an individual well ranges from approximately $2.7 million to $4.8 million, with an estimated total cost of approximately $42 million for all 13 wells. Annual operating costs are estimated at approximately $1.25 million. Mr. Berryhill recommended beginning with a full-scale treatment facility at Well 9, which would allow the City to address remaining issues, establish more accurate costs, and apply lessons learned to future facilities. City Manager Than discussed the City’s responsibility to provide clean drinking water, the complexity and cost of the new requirements, the need for additional funding and testing, and the fact that many other cities are facing similar chromium-6 issues. Council discussed the operation of the treatment system, the cost of the Well 9 facility, similar treatment systems in other cities, potential impacts of backwash water on the wastewater system, and the possibility of receiving additional extensions from the State Water Board.
Mayor Amabile asked whether the pumps would go offline during filter backwashing. Mr.
Berryhill explained that, depending on the number and configuration of filters, the system could continue producing water at a reduced rate while individual filters are being backwashed. Council Member Lewis asked about the estimated cost to treat all 13 wells and the cost of using Well 9 as the initial test site. City Manager Than stated that the estimated cost for Well 9 was approximately $4.5 million. Council Member Llamas asked whether similar treatment plants were currently in operation or planned. City Manager Than explained that other cities have different configurations, including hybrid systems, and that the treatment system will need to be configured and tested to meet the City’s specific needs.
He also responded to questions regarding the impact of backwash water on the wastewater system and emphasized the importance of testing to determine the actual effects and treatment requirements. Council Member Chavez asked whether another extension of the compliance timeline could be possible given the significant cost and the need to further establish the treatment process. City Manager Than stated that the State Water Board has indicated that extensions may be possible, provided the City continues meeting the requirements of its approved compliance plan, and noted that the City is working closely with the Water Board. Mayor Amabile stated that the City wants to identify the best and most affordable solution for the City and its residents. City Manager Than stated that the fullscale pilot treatment facility at Well 9 was anticipated to begin in Spring 2027. 20 Mayor Amabile invited the public to come forward and speak; ANN McCAULEY spoke about her residential water conditioning system and reverse osmosis system and asked how such systems help address chromium-6 at the residential level. Mayor Amabile explained the function of reverse osmosis, and City Manager Than provided additional information regarding California’s drinking water standard compared with the standard used elsewhere in the nation. No other members of the public came forward to speak. No one else came forward to speak
Consensus of the City Council to move forward with the recommendation to proceed with final design of the City’s first full scale pilot reduction-coagulation-filtration (RCF) treatment facility at Well 9, and pursue funding opportunities for implementation of the City’s chromium compliance program.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7157 –
CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ELECTION ON TUESDAY, MARCH 2, 2027, TO FILL A VACANCY CREATED BY THE RESIGNATION
OF COUNCILMEMBER MITZY PEREZ, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. City Attorney Lerner presented the staff report and explained that Resolution No. 7157 would call a special election for March 2, 2027, to fill the District 1 City Council vacancy created by the resignation of Council Member Mitzy Perez and would consolidate the election with the Merced County election. She explained that State law requires the City Council to act within 60 days of the vacancy by either appointing a replacement or calling a special election.
Because two current Council Members were appointed rather than elected, the Council cannot make another appointment without creating a majority of appointed Council Members; therefore, the vacancy must be filled by special election. She further explained that the March 2, 2027 election date meets the required 114-day timeframe for calling the election. The candidate filing period is expected to be November 7 through December 2, 2026, and the individual elected would serve the remainder of the term through the November 7, 2028 general election. The estimated cost of the special election is approximately $65,590, plus or minus 10%.
Mayor Amabile invited the public to comment; no one came forward.
Council Member LLamas stated that the vacancy was unfortunate and was no one’s fault.
Mayor Amabile emphasized the importance of encouraging residents to vote, noting that voter turnout in the previous election for the seat was low.
Motion by Chavez, seconded by LLamas to adopt City Council Resolution No. 7157 – Calling and Giving Notice of the Holding of a Special Election on Tuesday, March 2, 2027, to Fill a Vacancy Created by the Resignation of Councilmember Mitzy Perez, as Required by the Provisions of the Laws of the State of California Relating to General Law Cities. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
CONSIDERATION OF ADOPTION OF CITY COUNCIL RESOLUTION NO. 7158 –
APPROVING PURCHASE AGREEMENTS WITH BURTONS FIRE APPARATUS FOR 21 THE PURCHASE OF TWO (2) ROSENBAUER TYPE I FIRE ENGINES IN THE TOTAL AMOUNT OF $1,839,615.39; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT; AND APPROVING BUDGET AMENDMENTS IN THE AMOUNT OF $1,246,615.39 IN MEASURE P FIRE FUND. Fire Chief Dorenbush presented the staff report, which included a PowerPoint presentation explaining that the Fire Department’s apparatus fleet has been aging, resulting in increased repair costs, reduced reliability, and greater downtime. The Department responds to approximately 4,000 calls annually from two stations, placing additional demands on the existing fleet. Chief Dorenbush stated that the City had an opportunity to purchase two immediately available Rosenbauer engines at a significantly reduced cost. The engines, which seat six firefighters and have 750-gallon tanks, could be delivered before November, avoiding the typical 18- to 24-month build time for new apparatus. He noted that the engines typically cost approximately $1.2 to $1.3 million each but were available for just under $1 million each. The total project cost is approximately $1.84 million, funded through the existing budget allocation, trade-ins of two command vehicles and two engines, and approximately $1.2 million in Measure P funds. Chief Dorenbush stated that the purchase would improve reliability and firefighter safety, reduce maintenance costs, and support the City’s fleet replacement program. One of the new engines would be assigned to the new Fire Station #4, with the current frontline apparatus moved to reserve status.
Mayor Amabile invited the public to come forward to speak; no one came forward.
Council Member Lewis congratulated the Fire Chief and the City on the opportunity to purchase the fire engines at a significant discount, noting the importance of reliable equipment to community safety. Council Member Chavez confirmed that one of the new engines would be assigned to Fire Station #4 and asked why the front bumper was so large and extended. Fire Chief Dorenbush explained that each jurisdiction has different specifications for its apparatus. Council Member Llamas stated that the purchase positions the City to provide greater public safety response and positions the City for the future. City Manager Than thanked the Measure P Oversight Committee for promptly reviewing the request and recommending approval of the Measure P funding. Mayor Amabile asked how much time would be saved by purchasing the available engines. Chief Dorenbush stated that the City would save approximately 18 to 24 months compared to ordering new apparatus, in addition to receiving the engines at a better price.
Motion by Lewis seconded by LLamas to adopt City Council Resolution No. 7158 – Approving Purchase Agreements with Burtons Fire Apparatus for the Purchase of Two (2) Rosenbauer Type I Fire Engines in the Total Amount of $1,839,615.39; Authorizing the City Manager to Execute the Agreement; and Approving Budget Amendments in the Amount of $1,246,615.39 in Measure P Fire Fund. The motion carried by the following vote: AYES:
Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) FOR THE 2026 LEAGUE
OF CALIFORNIA CITIES (LCC) ANNUAL CONFERENCE & EXPO BEING HELD SEPTEMBER 23-25, 2026 IN ANAHEIM, CALIFORNIA. City Manager Than presented the item regarding designation of a voting delegate and alternate for the 2026 League of California Cities Annual Conference and Expo, to be held September 23-25, 2026, in 22 Anaheim. He explained that the conference provides an opportunity for the City to have a voice in the League’s legislative priorities and policy platform, which are used to advocate on behalf of cities in Sacramento. He noted the importance of having Central Valley cities represented, as League policies and legislative efforts can directly impact the City. He recommended that an elected official attend and represent the City.
Mayor Amabile invited the public to come forward and speak; no one came forward to speak.
Motion by Lewis, seconded by Amabile to designate Council Member LLamas as the voting delegate and Council Member Lewis as the alternate delegate. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT:
None.
Motion by LLamas, seconded by LLamas to designate Council Member Lewis as the alternate voting delegate and Council Member Lewis as the alternate delegate. The motion carried by the following vote: AYES: Chavez, Lewis, LLamas, Mayor Amabile; NOES: None; ABSENT: None.
CITY DEPARTMENT REPORTS.
Community & Economic Development. Director Souza Elms reported that the City officially launched its new enterprise permitting and licensing system through Tyler Technologies as a soft launch while staff works through the transition. The new system allows customers to apply for permits and licenses and make payments online. She also reported on three items scheduled for the September 9th Planning Commission meeting, including a proposed telecommunications facility at 1301 W. Pacheco Boulevard, the renovation and reuse of the former police annex building at 535 J Street for the Development Services Center, and a design review study session for a proposed commercial building at 1309 West Pacheco Boulevard. Mayor Amabile asked whether existing businesses would continue to receive reminders when their business licenses are due for renewal. Ms. Souza Elms explained that business licenses now have rolling expiration dates and businesses will be notified when their renewal is due. Mailed invoices will continue to be sent, with email notifications also available for businesses with an email address on file. Renewals and payments can now be completed online. Council Member Lewis asked whether the online renewal process would include additional information or materials for businesses. Ms. Souza Elms stated that, for the initial launch, communications would focus on the renewal process and instructions for accessing the Civic Access portal.
Finance. Director Moreno reminded the public about the City’s “Shop Smart, Support Local” campaign and encouraged residents to shop locally and keep sales tax dollars within Los Banos, particularly during the upcoming holiday shopping season. She noted that keeping local spending in the community helps support additional City services. Ms. Moreno also advised residents who may need assistance with higher utility bills that the City is available to arrange payment plans for water, sewer, storm drain, and garbage services. She encouraged residents to contact the City to make payment arrangements, particularly during the summer months when increased water usage can result in higher bills. 23 Parks & Recreation. Director Heim reported that tickets for the Salute to Seniors event are on sale through September 11th, and Youth Volleyball registration is also underway. He noted that both programs tend to sell out. Mr. Heim also announced that a special Parks and Recreation meeting was being targeted for September 8 to discuss several larger department projects. He further reported that he had visited two classes at Los Banos High School to discuss the Pacheco Park grant the City is considering pursuing and thanked the teachers and students for their participation and feedback.
Human Resources. Director Carlos reported that there were no major updates to report.
She stated that the department will introduce new hires and recognize the Employee of the Month at the next City Council meeting.
Public Works. Director Via had no report. Council Member Chavez asked about sewer odors in the downtown area and Mr. Via stated that the City is working on reconnecting a portion of the sewer flow and is also investigating the use of an activated charcoal filter in the manhole as a temporary solution until the new connection can be completed.
Fire. Chief Dorenbush reported that two new firefighters started with the City during the week and are expected to be introduced at an upcoming City Council meeting. He thanked his team, including Dana Rawls, Captain Gallichio, and Emily Coleman, for their work on the recent fire engine project. Chief Dorenbush also expressed appreciation to the City Manager, department heads, Measure P Committee, and City Council for their support and approval of the project.
Police. Chief Reyna reported that the Police Department is in the final stages of hiring another lateral police officer and stated that the officer will be introduced at a future City Council meeting. He thanked the City Council for approving the BMW motorcycle, noting that it will be put to good use in the community. Chief Reina also expressed appreciation for the Council’s continued support and recognized department staff for their hard work and dedication.
CITY ATTORNEY REPORT. City Attorney Lerner reported business as usual with nothing to report.
CITY MANAGER REPORT. City Manager Than reported that he attended the Boys & Girls Club’s “Sip and Savor” event with Council Member Llamas and discussed opportunities to strengthen partnerships and continue investing in local youth programs. Mr. Than also provided updates on upcoming youth activities, including Junior Warriors basketball beginning September 14th, 3-on-3 youth basketball tournament registration beginning October 17th, Aikido, and youth yoga classes. He encouraged community members to participate in upcoming events and volunteer opportunities, including the Fall Street Fair on September 19th, Blood Drive on October 20th, Trunk or Treat on October 25th, Halloween Fest on October 31st, Veterans Day Parade on November 7th, and Breakfast with Santa on December 12th.
24 CITY COUNCIL MEMBER REPORTS:
DISTRICT 1: Vacant
REFUGIO LLAMAS – DISTRICT 2: Thanked Mariana with the Artisans Market for his efforts in organizing the market and recognized Community & Economic Development Director Sousa-Elms for assisting with the permitting process and helping vendors understand City requirements. Mr. LLamas acknowledged the need for additional activities for local teens and encouraged youth and families to become involved in the recreation opportunities available through the City and Boys & Girls Club. He also emphasized the importance of community members providing input and participating in City programs. Mr.
LLamas thanked staff for their reports, particularly regarding Chromium-6, and expressed appreciation for the City’s proactive efforts to address the issue and the significant costs associated with it.
MARCUS CHAVEZ – DISTRICT 3: Thanked the Measure P Committee for quickly reviewing and approving the funding for the purchase of the new fire engines. Council Member Chavez asked about traffic conditions around local schools and Police Chief Reyna stated that traffic is generally improving, except during the approximately 10-minute periods when traffic converges around schools. He noted that the Department is working to improve safety, address illegal parking, and coordinate with the school district, principals, and staff.
Council Member Chavez reiterated the public’s concerns regarding road conditions and emphasized that residents want to know their concerns are being heard and that the City continues to work toward needed road repairs. Mr. Chavez also asked about where residents could find additional information regarding the One Tree Project and City Manager Than stated that updates are regularly posted on the City’s website and social media, including a recent video update. Mr. Than also reported that the first unit of the project at Gilbert Gonzalez is now on site.
DEBORAH LEWIS – DISTRICT 4: Congratulated the Fire Chief and Police Chief on the new equipment being provided to their departments, emphasizing that community safety is a priority as the City continues to grow. Ms. Lewis recognized outgoing State Senator Caballero for her assistance in securing state funding for the Fire Department, Chromium-6 efforts, and other City projects. She expressed appreciation for the Senator’s support and advocacy on behalf of Los Banos. Regarding road construction, Ms. Lewis noted that the City has an existing plan for street repairs and resurfacing and expressed appreciation to staff for continuing to implement the plan. She acknowledged residents’ frustration with deteriorating roads but stated that improvements are coming and will take time. She also encouraged the City to make project information available on its website, in addition to social media, so residents who do not use social media can stay informed. Ms. Lewis addressed the need for additional recreational opportunities for local youth and noted that the City is working within its budget and pursuing grants for projects. She expressed support for moving forward with projects such as an aquatic center and the planned improvements to Colorado Park. She emphasized that parents also have a responsibility to know where their children are and what they are doing, while the City will continue to provide recreational opportunities as resources allow. She concluded by expressing confidence in City staff and the progress being made on projects and improvements throughout the community. 25 MICHAEL S. AMABILE – MAYOR: Reported on recent meetings and community activities.
He noted that the Merced County Association of Governments (MCAG) will hold a hazardous waste collection at the fairgrounds on September 19th from 8:00 a.m. to noon, where residents may dispose of items including oil, paint, and batteries. Mr. Amabile also reported that MCAG discussed potential changes to the regional bus system. While no action was taken, alternatives are being considered to reduce underutilized routes, increase ridership, and locate bus stops in more convenient areas while maintaining access to public transportation and potentially reducing costs. He reminded the Council that Atwater will host the next city/county meeting in October. He also reported that LAFCO approved the annexation of the City’s stormwater basin, noting the work of staff in presenting the matter to the Board. He reported on a recent West Light Energy public meeting attended by himself and Council Member Chavez, where information was provided regarding energy rebates, energy-efficient appliances and equipment, and ways residents can better understand and reduce their energy costs. He noted that West Light Energy was formerly known as Peninsula Clean Energy and changed its name as its service area expanded beyond the Peninsula. Mr. Amabile also referenced the recent alleyway meeting organized by Public Works Director Via, noting that the meeting provided an opportunity for residents to provide input regarding planned alley paving and improvements. He emphasized the importance of transparency and communication with the community. He thanked members of the public for participating in the meeting and providing comments and expressed appreciation to those attending in person and online.
ADJOURNMENT. The meeting was adjourned at 7:46 p.m.
APPROVED:
____________________________
Michael S. Amabile, Mayor
ATTEST:
_______________________________
Lucille L. Mallonee, City Clerk
26 Agenda Staff Report
TO: Mayor & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: September 16, 2026
TYPE OF REPORT: Consent Item
SUBJECT: Final Map No. 2025-03 San Luis Estates Final Map _____________________________________________________________________ Recommendation:
That the City Council adopts the Resolution
1. Approving Final Map No. 2025-03 for San Luis Estates and accompanying Subdivision Improvement Agreement.
2. Authorizing the Mayor or designee, to execute the Subdivision Improvement Agreement and any related documents necessary to carry out the intent of this Resolution.
Background:
The Tentative Tract Map No. 2025-03 was approved by the City of Los Banos Planning Commission on December 11, 2025 by Resolution No. 2025-38. In April 2026, the Public Works staff was contacted by, Century Communities of California, LLC, A Delaware Limited Liability Company for Final Map approval. The Final Map has been reviewed and found complete by the City’s consulting firm.
Discussion:
The subject is generally located within the area bounded by San Luis to the North, Miller Lane to the West, Nickel Street to the East, and Pacheco Boulevard to the South, more specifically identified as Assessor Parcel Number 428-122-006. The applicant is Century Communities of California, LLC, A Delaware Limited Liability Company. The map consists of a total of 95 single family residential lots on approximately 16.04+ acres. This Final Map is in substantial compliance with Tentative Subdivision Map No. 2025-03.
27 ITEM 7C
Fiscal Impact:
Financial Security as required by the Subdivision Improvement, the Subdivision Map Act and Los Banos Municipal Code has been deposited with the City. All required processing, development, plan check and inspection fees to date have been paid.
Reviewed by:
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Exhibit A Legal Description
3. Exhibit B Final Map
4. Site Map
5. Subdivision Improvement Agreement
6. Exhibit A Cost Estimate
7. Exhibit B Conditions of Approval
8. Exhibit C Vesting Tentative Map
28 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AND ADOPTING
FINAL TRACT MAP NO. 2025-03 SAN LUIS
ESTATES AND ACCOMPANYING SUBDIVISION
IMPROVEMENT AGREEMENT
WHEREAS, there has been submitted to the City Council of the City of Los Banos Tract Map No. 2025-03 San Luis Estates Final Map and accompanying Subdivision Improvement Agreement; and
WHEREAS, the single-family residential subdivision consists of 95 single family residential lots on approximately 16.04+ acres; and
WHEREAS, the Public Works Director/City Engineer has approved the Final Map, the plan check and inspection fees have been paid in full, and said Final Tract Map has been submitted to the City Council of the City of Los Banos for approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Los Banos that it does hereby approve and adopt Final Tract Map No. 2025-03 San Luis Estates for the real property described in Exhibit “A”, shown in Exhibit “B” and authorize recording based upon the following findings:
1. Final Map is in substantial compliance with Tentative Map No. 2025-03.
2. Financial Security as required by the Subdivision Improvement, the Subdivision Map Act and Los Banos Municipal Code has been deposited with the City.
3. All required processing, development, plan check, and inspection fees to date have been paid.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September, 2026, by Council Member ________ who moved its adoption, which motion was duly seconded by Council Member ________ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT: APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
29 EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Los Banos, County of Merced, State of California, described as follows:
Parcel 1 as shown on that certain Parcel Map entitled "PARCEL MAP NO. 2025-01", recorded on December 12, 2025, filed in Book 124 of Parcel Maps, at Pages 1 through 5, Merced County Records.
APN: Portion of 428-122-004-000 and
428-122-006-000 (New APN, not yet assessed)
30 31'
SAN LUIS ESTATES
NO. DATE BY NOTES / COMMENTS
2025-10-21 BK PHASE 1 LOTS
2025-12-03 BK OFFSET THE PROPERTY LINES ALONG THE SNIPE FOR LOTS 19, 27 AND 47
SHEET OF 1 8
EAST PACHECO BLVD MERCEY SPRINGS RD
(HWY 152) WARD RD
5TH ST L ST
VICINITY MAP 1" = 3000'
4TH ST 7TH ST
E B ST
GILBERT
GONZALEZ JR DR
RAILROAD
SAN LUIS CANAL SITE
1. 10' SEWER LINE EASEMENT IN FAVOR OF CITY OF LOS BANOS ALONG EAST SIDE OF PROPERTY PER 2809-OR-579, M.C.R.
2. 20' STORM DRAIN EASEMENT IN FAVOR OF CITY OF LOS BANOS ALONG EAST SIDE OF PROPERTY PER DOC NO 2011-024704 OR, M.C.R.
3. 20' TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF CITY OF LOS BANOS ALONG EAST SIDE OF PROPERTY PER DOC NO 2011-024704 OR, M.C.R.
4. EASEMENT FOR DITCHES AND CANALS AND INCIDENTAL PURPOSES IN FAVOR OF SAN JOAQUIN AND KINGS RIVER CANAL AND IRRIGATION COMPANY PER BOOK P OF DEEDS, PAGE 280, M.C.R.
5. EASEMENT FOR SINGLE CIRCUIT ELECTRIC TRANSMISSION DISTRIBUTION LINE AND INCIDENTAL PURPOSES IN FAVOR OF SAN JOAQUIN LIGHT AND POWER CORPORATION PER BOOK 520, PAGE 473, M.C.R.
SIGNATURE OMMISSIONS
SAN LUIS ST MILLER LN FARM LN PLACE RD
CANAL
TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
OWNER'S STATEMENT
WE, THE UNDERSIGNED, DO HEREBY STATE THAT WE ARE THE OWNERS OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP; THAT
WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID REAL PROPERTY; AND THAT WE HEREBY CONSENT TO THE MAKING AND RECORDING OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES:
1. TO THE CITY OF LOS BANOS FOR PUBLIC RIGHT-OF-WAY PURPOSES, THOSE PORTIONS OF SAID LANDS
DESIGNATED ON SAID MAP AS HOMESTEAD DRIVE, DRAGONFLY DRIVE, HACIENDA PLACE, ORCHARD PLACE, FARMHOUSE PLACE, SPRINGTIME PLACE, CANAL FARM LANE, PLACE ROAD AND THE 12 FOOT WIDENING OF RIGHT OF WAY OF SAN LUIS STREET.
2. TO THE CITY OF LOS BANOS FOR PURPOSES OF OPEN SPACE, LANDSCAPING, PUBLIC UTILITIES, WALL
MAINTENANCE, AND APPURTENANCES THERETO, FOR THE BENEFIT OF THE PUBLIC, THAT PORTION OF SAID LAND DESIGNATED ON SAID MAP AS PARCEL A.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:
1. A NON-EXCLUSIVE EASEMENT TO THE CITY OF LOS BANOS, TOGETHER WITH THE RIGHT TO
CONSTRUCT, RECONSTRUCT, REPAIR AND MAINTAIN, POLES, WIRES, CABLES, PIPES, AND CONDUITS
AND THEIR APPURTENANCES INCLUDING ELECTRIC, GAS, COMMUNICATION FACILITIES AND OTHER
PUBLIC UTILITY PURPOSES UPON, OVER AND UNDER THE STRIPS OF LAND AS SHOWN ON THIS FINAL MAP DESIGNATED AS "P.U.E." (PUBLIC UTILITY EASEMENT).
2. TO THE CITY OF LOS BANOS, A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF REPAIR AND MAINTENANCE OF THE SOUND WALL FOR THE AREAS DESIGNATED AS "WALL EASEMENT" (W.E.) ALONG LOTS 1 THROUGH 53, AS SHOWN ON THIS FINAL MAP.
WE ALSO RELINQUISH TO THE CITY OF LOS BANOS ALL ACCESS RIGHTS OF LOTS 1 THROUGH 53, ALONG
MILLER LANE, SAN LUIS STREET, PLACE ROAD AND CANAL FARM LANE, SHOWN AS ON THIS FINAL MAP.
OWNER:
CENTURY COMMUNITIES OF CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: W. ALLEN BENNETT, VICE PRESIDENT DATE
I, STACY SOUZA ELMS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR FOR THE CITY OF LOS BANOS, DO HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2025-03, SAN LUIS ESTATES", AND THAT THE SUBDIVISION IS SUBSTANTIALLY THE SAME AS THAT SHOWN ON THE VESTING TENTATIVE MAP APPROVED BY THE CITY PLANNING COMMISSION ON THE 2ND DAY OF OCTOBER, 2024, AND THAT THIS FINAL MAP OF "TRACT NO: 2025-03, SAN LUIS ESTATES", COMPLIES WITH ALL REQUIREMENTS OF SAID PLANNING COMMISSION.
DATED THIS DAY OF , 2026.
BY:
STACY SOUZA ELMS, COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR
CITY OF LOS BANOS
PLANNING COMMISSION STATEMENT:
I, LUCILLE L. MALLONEE, CITY CLERK OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, DO
HEREBY STATE THAT AT THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LOS BANOS, STATE OF CALIFORNIA, HELD ON THIS DAY OF , 2026, THE HEREIN EMBODIED FINAL MAP ENTITLED "TRACT NO: 2025-03, SAN LUIS ESTATES", WAS APPROVED AND
THAT SAID CITY COUNCIL ACCEPTED ON BEHALF OF THE PUBLIC FOR PUBLIC USE, THE OFFER OF DEDICATION IN EASEMENT OF ALL PUBLIC UTILITY EASEMENTS (P.U.E.), THE WALL EASEMENT (W.E.), ALL AS SHOWN ON THIS FINAL MAP; ACCEPTED THE OFFER OF DEDICATION IN FEE OF PARCEL A AND THE STREET RIGHTS-OF-WAY, ALL AS SHOWN ON THIS FINAL MAP; AND ACCEPTED THE RELINQUISHMENT OF ACCESS RIGHTS OF LOTS 1 THROUGH 54, AS SHOWN ON THIS FINAL MAP. SAID APPROVAL IS SUBJECT TO IMPROVEMENTS.
ALSO, PURSUANT TO SECTION 66434(G) OF THE CALIFORNIA SUBDIVISION MAP ACT, THE CITY OF LOS BANOS DOES HEREBY ABANDON THE EAST 2.50 FEET OF MILLER LANE RIGHT OF WAY AS GRANTED PER THE GRANT DEED TO THE CITY OF LOS BANOS RECORDED ON JUNE 28, 2000 IN VOLUME 4023 OF OFFICIAL RECORDS, PAGES 278-293, MERCED COUNTY, LYING WITHIN THE BOUNDARY OF THIS FINAL MAP.
DATED THIS DAY OF , 2026.
BY:
LUCILLE L. MALLONEE, CITY CLERK
CITY OF LOS BANOS
CITY CLERK'S STATEMENT:
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY
MADE IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF CENTURY COMMUNITIES, IN SEPTEMBER OF 2025. I HEREBY
STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I FURTHER STATE THAT ALL THE MONUMENTS SHOWN HEREON WILL BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED ON OR BEFORE FEBRUARY 1, 2027; AND THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
DATED THIS DAY OF , 2026.
BY:
WILLIAM M. KOCH, P.L.S. NO 8092
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2025-03, SAN LUIS ESTATES", AND STATE THAT THE SUBDIVISION AS SHOWN HEREON IS SUBSTANTIALLY THE
SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF,
AND THAT ALL PROVISIONS OF THE CALIFORNIA SUBDIVISION MAP ACT AND ANY LOCAL
ORDINANCE APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED, HAVE BEEN COMPLIED WITH.
DATED THIS DAY OF , 2026.
BY:
JAMES COZAD, PE C85576
ACTING CITY ENGINEER
CITY ENGINEER'S STATEMENT:
CITY SURVEYOR'S STATEMENT:
I HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP OF "TRACT NO: 2025-03, SAN LUIS ESTATES", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT.
DATED THIS DAY OF , 2026.
BY:
NARINDER S. SAHOTA, PLS 8719
ACTING CITY SURVEYOR
FILED THIS DAY OF , 2026, AT O'CLOCK, M. IN VOL OF OFFICIAL PLATS, AT PAGES , MERCED COUNTY RECORDS, AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY.
MATT H. MAY, RECORDER
MERCED COUNTY, CALIFORNIA BY:
ASSISTANT/DEPUTY RECORDER
COUNTY RECORDER'S STATEMENT
FEE $
NOTARY STATEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA
SS
COUNTY OF
ON BEFORE ME, A NOTARY PUBLIC,
(DATE)
PERSONALLY APPEARED
{NAME OF SIGNER(S)}
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE
NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY
HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND.
, NOTARY PUBLIC
PRINT NAME:
COMMISSION NUMBER:
COMMISSION EXPIRES: ( DO NOT STAMP )
PRINCIPAL OFFICE LOCATION (COUNTY):
EXHIBIT B
31 31'
N85°52'19"W 10821.00'
N80°48'00"E 6611.20' (GRID) N62°26'48"W
3933.33' (GRID)
N88°47'11"W
779.74' (GRID)
THE BEARING OF N 85°52'19" W FOR THE CALCULATED LINE BETWEEN GPS POINT 1020 AND GPS POINT 1021 AS SHOWN ON THAT "RECORD OF SURVEY FOR MERCED COUNTY ASSOCIATION OF GOVERNMENTS OF GPS SURVEY CONTROL NETWORK IN THE CITY OF LOS BANOS" FILED FOR RECORD ON MAY 24, 1991 IN VOLUME 28 OF SURVEYS, AT PAGES 9-12, MERCED COUNTY RECORDS, WAS USED AS THE BASIS OF ALL BEARINGS SHOWN HEREON.
BASIS OF BEARINGS
SHEET OF 2 8
VICINITY MAP 1" = 2000'
FD GPS CONTROL POINT #1020
2" ALUMINUM CAP STAMPED
"GPS 1020 R.C.E. 15310"
N: 1844060.354'
E: 6459133.480'
FD GPS CONTROL POINT #1021
2" ALUMINUM CAP STAMPED
"GPS 1021 R.C.E. 15310"
N: 1843281.386'
E: 6469926.408'
EAST PACHECO BLVD MERCEY SPRINGS RD
(HWY 152) WARD RD
L ST 5TH ST
SAN LUIS ST MILLER LN
4TH ST H ST
CANAL
FARM LN PLACE RD MERCEY SPRINGS RD
(R1) MILLER & LUX SUBDIVISION SECT. 13 T 10S, R10E MERCED COUNTY (R2) OFFICIAL PLAT MAP, VOLUME 39, PAGES 41-43
(R3) OFFICIAL PLAT MAP, VOLUME 78, PAGES 11-12
(R4) OFFICIAL PLAT MAP, VOLUME 81, PAGE 25
(R5) PARCEL MAP, BOOK 63 OF PARCEL MAPS, PAGES 5-6
(R6) RECORD OF SURVEY, BOOK 19, PAGE 22
(R7) RECORD OF SURVEY, VOLUME 43 OF SURVEYS, PAGE 33
(R8) RECORD OF SURVEY, VOLUME 63 OF SURVEYS, PAGE 22
(R9) UNRECORDED SURVEY FOR FRANK ROTONDARO, BC-1546
(R10) EASEMENT DEED RECORDED ON JULY 11, 2011, DOC NO 2011-024704 OR, MCR (R11) GRANT DEED RECORDED ON AUGUST 23, 2023, DOC NO 2023-019879 OR, MCR (R12) PARCEL MAP, BOOK 124 OF PARCEL MAPS, PAGES 1-5
TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
REFERENCED RECORD DOCUMENTS
MERCED COUNTY RECORDS
FD 3/4" IP WITH CAP "PLS 5784" PER (R2) AS SHOWN ON (R3) SFN, (3/4" IP, TAG ILLEGIBLE, PER R7) ESTABLISHED AT RECORD DISTANCE, 46.52' FROM CUTBACK MON, PER (R5)
FD 3/4" IP TAGGED LS 4403 PER (R5),AS SHOWN ON (R7), MON IS 31.97' SOUTH OF CENTERLINE FD 3/4" IP, NO TAG, ACCEPTED AS PROPERTY CORNER PER (R7) FD 3/4" IP TAG ILLEGIBLE, ACCEPTED AS THE CENTERLINE OF INTERSECTION PER (R2) FD 3/4" IP, NO TAG. NO RECORD (5/8" ROD R9) , NOT ACCEPTED. 0.28' NORTH AND 1.20' WEST OF CALCULATED CORNER OF EXCEPTION PER (R11)
FD 5/8 REBAR, NO TAG. NO RECORD (1" IP R9), NOT ACCEPTED. 0.18' SOUTH AND 0.94' WEST OF CALCULATED CORNER OF EXCEPTION PER (R11)
SNF (1" IP IN MON WELL, NO TAG. PER R8) CENTER LINE INTERSECTION ESTABLISHED AT RECORD DISTANCE (938.03') PER (R5)
FD 1" IP IN MON WELL, NO TAG PER ( R8)
THE BEARING OF MILLER ESTABLISHED AT THE INTERSECTION OF SAN LUIS STREET AND MILLER LANE BY RECORD ANGLE PER 43-RS-33
FD 3/4" IP, NO TAG, NO RECORD. NOT ACCEPTED. NORTH 0.08' AND WEST 0.22' OF PROPERTY CORNER
FD 2" IP NO TAG, FLUSH, ACCEPTED AS LOT CORNER
FD 2" IP, NO TAG, FLUSH UNDER FENCE, ACCEPTED AS LOT CORNER SFN (5/8" ROD PER R9) CALCULATED CORNER OF EXCEPTION PER (R11) FD 2" BD IN WELL "CALIFORNIA DIVIISION OF HIGHWAYS" PER (R6) HELD AS OFFSET BY 0.14'
SOUTH OF CENTERLINE
SFN (2" BD IN WELL PER R6)
FD 2" BD IN WELL PER (R6) HELD AS OFFSET BY 0.33' SOUTH OF CENTERLINE
MONUMENT DESCRIPTIONS
ABANDONMENT NOTE (PORTION OF MILLER LANE)
THE EAST 2.50 FEET OF MILLER LANE RIGHT OF WAY AS GRANTED PER THE GRANT DEED TO THE CITY OF LOS BANOS RECORDED ON JUNE 28, 2000 IN VOLUME 4023 OF OFFICIAL RECORDS, PAGES 278-293, MERCED COUNTY, LYING WITHIN THE BOUNDARY OF THIS FINAL MAP. PLEASE REFER TO THE CITY CLERK'S STATEMENT ON SHEET 1.
32 31'
31'
N89°25'26"W
162.96'
R=3030.00' Δ=2°40'10" L=141.17' R=2970.00' Δ=2°38'28" L=136.90' PACHECO BOULEVARD / STATE HWY 152
42 41
40 39
38 37
36 35
34 33
31 32
14 29 30
15 16
17 18
19 20
21 28
27 26
25 24
23 22
SAN LUIS STREET
10' SEWER LINE EASEMENT PER 2809-OR-579, M.C.R.
20' TEMPORARY CONSTRUCTION EASEMENT PER R10
PARCEL 1
16.04 A.C.
124-PM-1
MCR
20' STORM DRAIN EASEMENT PER R10
779.74' (M) (779.77' R7)
N88°47'11"W 2622.96' RACQUET CLUB DR
1165.62'
834.32' N89°31'09"E 3365.44' (N89°31'21"E 3365.31' CALC R6) 2531.12'
N01°16'47"E 10.00' N88°47'11"W 733.64'
N45°57'02"E 21.09'
N86°45'16"W
59.37'
1 2
3 4
5 6
7 8
9 10
11 12
M.M. CARDOZA C-DEEDS-23 J.S. CARDOZA C-DEEDS-23 PLACE ROAD N00°34'34"E 964.46' 917.51' (917.44' R7)
924.13' N00°37'17"E 935.08' N00°37'17"E 555.68' 788.67'(788.77 R7) 938.03'(M & R7) N00°37'17"E 1726.70' (N0°37'37"E 1726.80' R7) N88°29'12"W 1214.58' (N89°28'30"W 1214.36' R8) MILLER LANE 752.72' JEFFREY ROAD SHEET OF 3 8
46.52' R5
40.00'
32.00'
TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
AC ACRES
FD FOUND
IP IRON PIPE-DIAMETER NOTED
(M) MEASURED DISTANCE
(M-B) MONUMENT TO BOUNDARY LINE
(M-CL INTX) MONUMENT TO CENTERLINE INTERSECTION
(M-M) MONUMENT TO MONUMENT
OP OFFICIAL PLATS
PM PARCEL MAP
M.C.R MERCED COUNTY RECORDS
R# REFERENCED RECORD DOCUMENT
(R) RADIAL BEARING
SFN SEARCHED, FOUND NOTHING
(T) TOTAL DISTANCE
W.C. WITNESS CORNER
W.E. WALL EASEMENT
CALC CALCULATED
CENTERLINE
SUBDIVISION BOUNDARY LINE
EASEMENT LINE
BASIS OF BEARING TIE LINE
LEGEND AND ABBREVIATIONS
RESTRICTED ACCESS
SECTION LINE
1. SEE SHEET 2 FOR BASIS OF BEARINGS AND REFERENCES.
2. ALL DISTANCES SHOWN ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
3. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
4. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
5. DIMENSIONS SHOWN ON THIS BOUNDARY SHEET ARE PER R12 UNLESS OTHERWISE NOTED.
NOTES
FOUND 3/4" IP W/PLASTIC PLUG "PLS 8385" PER 124-PM-1, M.C.R., UNLESS OTHERWISE NOTED.
GPS STATION.
SEE SHEET 2 FOR MONUMENT DESCRIPTIONS.
MONUMENT NOTES
SEE DETAIL "A"
ON SHEET 4
SEE DETAIL "B"
ON SHEET 4
N
S
W E
W E S T W
O O
D 1"=150'
THE EAST 2.50 FEET OF MILLER LANE RIGHT OF WAY AS GRANTED
PER THE GRANT DEED TO THE CITY OF LOS BANOS RECORDED ON JUNE 28, 2000 IN VOLUME 4023 OF OFFICIAL RECORDS, PAGES 278-293, MERCED COUNTY, LYING WITHIN THE BOUNDARY OF THIS FINAL MAP. PLEASE REFER TO THE CITY CLERK'S STATEMENT ON SHEET 1.
ABANDONMENT NOTE
(PORTION OF MILLER LANE)
33 N89°23'43"W
31.00' N00°37'17"E 935.08'
109.00' N00°37'17"E 120.00'(M & R11)
109.00' 62.36' N00°37'17"E 938.03' (938.04' CALC R1) 120.00' N89°23'43"W 151.03'
N45°49'06"E 17.55'
N89°23'43"W 140.00'(M & R11)
N89°23'43"W 140.00'(M & R11) 120.00'(M & R11) N89°25'26"W 162.96'
N44°25'26"W 8.11'
N00°34'34"E 10.00'
N89°25'26"W
80.00'(T)
70.00'
10.00' N00°35'11"E 104.21' N00°34'34"E 195.69'
SHEET OF 4 8
DETAIL "A"
1.20'
0.28'
0.18'
0.94'
DETAIL "C" DETAIL "D"
1" = 1' 1" = 1'
DETAIL "C"
DETAIL "D"
EXCEPTION PER
(R11)
CANAL FARM LANE MILLER LANE
EXCEPTION PER
(R11) MILLER LANE MILLER LANE
EXCEPTION PER
(R11)
PARCEL 2
11.29 A.C.
PARCEL 1
16.04 A.C.
PARCEL 1
16.04 A.C.
DETAIL "B"
1" = 60'
PARCEL 1
16.04 A.C.
PARCEL 2
11.29 A.C.
CANAL FARM LANE
1" = 20'
11-OP-22 MCR
11 12
13 14
20' TEMPORARY
CONSTRUCTION
EASEMENT PER R10
20' STORM DRAIN
EASEMENT PER R10
10' SEWER LINE EASEMENT
PER 2809-OR-579, M.C.R.
SET AS WITNESS
CORNER, 10' WEST
OF BOUNDARY LINE
TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
1. SEE SHEET 2 FOR BASIS OF BEARINGS AND REFERENCES.
2. SEE SHEET 3 FOR LEGEND AND ABBREVIATIONS.
3. ALL DISTANCES SHOWN ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
4. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
5. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
5. DIMENSIONS SHOWN ON THIS BOUNDARY SHEET ARE PER R12 UNLESS OTHERWISE NOTED.
NOTES
FOUND 3/4" IP W/PLASTIC PLUG "PLS 8385" PER 124-PM-1, M.C.R., UNLESS OTHERWISE NOTED.
GPS STATION.
SEE SHEET 2 FOR MONUMENT DESCRIPTIONS.
MONUMENT NOTES
N
S
W E
W E S T W
O O
D
PARCEL 1
16.04 A.C.
34 SHEET OF 5 8
HACIENDA PLACE
SAN LUIS STREET
TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc. Westwood
westwoodps.com
ORCHARD PLACE
FARMHOUSE PLACE
SPRINGTIME PLACE
CENTERLINE
SUBDIVISION BOUNDARY LINE
EASEMENT LINE
LOT LINE
LEGEND AND ABBREVIATIONS
RESTRICTED ACCESS
EXISTING LOT LINE
CANAL FARM LANE MILLER LANE HOMESTEAD DRIVE DRAGONFLY DRIVE PLACE ROAD 4 17 18
19 20 21 22 23 24 25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
5051 49 48 47 5253
54 55 56 57 58 59 60
67 66 65 64 63 62 61
68 69 70 71 72 73 74
81 80 79 78 77 76 75
82 83 84 85 86 87 88
95 94 93 92 91 90 89
SHEET 6
SHEET 7
SHEET 8
CANAL FARM LANE
CANAL FARM LANE PLACE ROAD
1. SEE SHEET 2 FOR BASIS OF BEARINGS AND REFERENCES.
2. SEE SHEET 3 FOR LEGEND AND ABBREVIATIONS.
3. SEE SHEET 7 FOR MONUMENTATION NOTES.
4. ALL DISTANCES SHOWN ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
5. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
6. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
NOTES NS W E W E S T W O O D 1"=80' 32156789
16 15
14 13
12 11
10 PARCEL A
35 41.74' 41.74'
10.00'
70.00'
34.05'
CANAL FARM LANE
4050
S.F.
56 4050
S.F.
65 4050
S.F.
64 4050
S.F.
57 4050
S.F.
58 4050
S.F.
63 4050
S.F.
59 4050
S.F.
62 4199
S.F.
60 4151
S.F.
51 4263
S.F.
50 4373
S.F.
49 4449
S.F.
48 4050
S.F.
55 4050
S.F.
66 4199
S.F.
54 4199
S.F.
67 4069
S.F.
52 4119
S.F.
53 4876 S.F.
46 4500 S.F.
45 4500 S.F.
44 4000 S.F.
43 4000 S.F.
42 4000 S.F.
41 4000 S.F.
40 4000 S.F.
39 N00°34'34"E 81.00' N00°34'34"E 81.00'
50.00' 50.00' 50.00' 39.26' 39.26' 50.00' 50.00' N00°34'34"E 81.00' N00°34'34"E 81.00'
50.00' 50.00' 50.00' 53.00' 53.00' 50.00' 50.00'
39.26' 50.00' 50.00' 50.00' 50.00' 50.00' 39.26' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' L16 N00°34'34"E 84.09'
1.98'
50.05'
7.33' C5 C4 C6 N00°34'34"E 82.06'
50.00' 50.00' 50.00' 39.26' 39.26' 50.00' 50.00' N00°34'34"E 86.42' N00°34'34"E 88.36' C3 C2 C1 N00°34'34"E 89.46' N00°34'34"E 81.00' N00°34'34"E 81.00' L15
L18 N00°34'34"E 80.85'
L14
L13 38.69' 45.00' 45.00' 40.00' 40.00' 40.00' 40.00' 40.00' N89°25'26"W 78.03' L8
L9 39.27' 45.00' 45.00' 40.00' 40.00' 40.00' 40.00' 40.00' N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00' 62.36'
N89°25'26"W 80.00'(T) N00°34'34"E 10.00'
N44°25'26"W 8.11'
N89°25'26"W 162.96' R=3,030.00' Δ=2°40'10" L=141.17' N86°45'16"W
59.37'
R=2,970.00' Δ=2°38'28" L=136.90' N89°23'43"W 151.03'
N45°49'06"E 17.55'
N89°23'43"W 109.00' N00°37'17"E 120.00'
L12
L10
L11
L17
4600
S.F.
47 4199
S.F.
61 SPRINGTIME PLACE
FARMHOUSE PLACE
NOT A PART DRAGONFLY DRIVE HOMESTEAD DRIVE MILLER LANE
N86°45'16"W
59.36'(T)
N86°45'16"W
59.37'(M-M)
R=3000.00' Δ=2°40'10" L=139.77'(M-M)
R=3000.00' Δ=2°38'28" L=138.28'(M-M)
N89°25'26"W 328.52'(T)
N89°25'26"W 328.52'(T)
N89°25'26"W 328.52'(T) N00°34'34"E 134.52'(T) N00°34'34"E 134.52'(T) N89°25'26"W 412.00'(M-M)
20' TEMPORARY
CONSTRUCTION
EASEMENT PER DOC. NO.
2011-024704, O.R.M.C.
10' SEWER LINE EASEMENT
PER 2809-OR-579, M.C.R.
20' STORM DRAIN
EASEMENT PER
DOC. NO. 2011-024704,
O.R.M.C.
N89°25'26"W 100.00' 147.74'(M-M) 218.00'(M-M) 138.45'(M-M) N00°34'34"E 904.33'(T) N00°34'34"E 909.04'(T) 30' 30' 30' 30' R=2,970.00' Δ=2°40'10" L=138.37'(T)
R=3030.00' Δ=2°33'11" L=135.01'(T) 30' 30'
N89°25'26"W 248.70'
40.70'(M-M) 168.00'(M-M) 40.00' 218.00'(M-M)
N89°25'26"W 412.00'(M-M)
N89°23'43"W 194.47'
31.00' 129.43' PLACE ROAD N00°34'34"E 939.17'(M-M) 919.17'(M-B) N00°37'17"E 1726.70'(T) 938.03'(M-M) 788.67'(M-M) N00°34'34"E 852.01'(T) 918.73'(M-CL INTX) N00°34'34"E 964.46'(T) 45.73' 217.00'(M-M) 217.00'(M-M) 42.36' 20' 20' 30' N00°34'34"E 964.46' N00°41'34"E(R) N00°34'34"E 55.96' N00°34'34"E 65.25' 67.26' 67.26' 67.26' 67.26' N00°37'17"E 750.25' N00°34'34"E 868.03'(T) N00°34'34"E 764.63'(T) 28' 28' 176.26' 176.26' N89°25'26"W 356.00'(T)
40' 40' 30' 30' 30'
28' 28' 28' 28' 28' 28' 30'
28'
20' 28'
20'
28' 28'
28'
28'
28' 28' 28' 28'
40' 40'
28.50'
31'
4018
S.F.
5 4022
S.F.
2 4019
S.F.
4 4021
S.F.
3 4026
S.F.
1 N89°25'26"W 95.78' 42.00' 42.05' 42.00'
N89°25'26"W 95.75' 42.00' 42.00'
N89°25'26"W 95.72' 42.00' 42.00'
N89°25'26"W 95.68' 42.00' 42.00'
N89°25'26"W 95.65' 42.00' N00°37'17"E 752.52'
PARCEL A
5989 S.F. N00°37'17"E 182.36' 120.00' 744.62'
N01°29'32"E(R) N02°26'17"E(R)
N01°21'13"E(R)
N02°19'07"E(R)
LINE TABLE
LINE #
L8
L9
L10
L11
L12
L13
DIRECTION
N45°36'01"E
N44°23'59"W
N45°36'01"E
N44°25'27"W
N89°25'26"W
N44°16'54"W
LENGTH
15.96'
15.12'
15.22'
19.43'
1.94'
15.19'
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
RADIUS
2970.00'
2970.00'
2970.00'
3030.00'
3030.00'
3030.00'
DELTA
0°46'39"
0°57'53"
0°55'38"
0°48'27"
0°56'45"
0°47'59"
LENGTH
40.30'
50.01'
48.06'
42.71'
50.02'
42.29'
LINE TABLE
LINE #
L14
L15
L16
L17
L18
DIRECTION
N45°34'34"E
N44°25'26"W
N45°34'34"E
N44°25'27"W
N45°34'34"E
LENGTH
19.43'
19.43'
19.43'
19.43'
19.43'
SHEET OF 6 8
HACIENDA PLACE
HACIENDA PLACE
PACHECO BOULEVARD
SAN LUIS STREET
SAN LUIS STREET
TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
1. SEE SHEET 2 FOR BASIS OF BEARINGS AND REFERENCES.
2. SEE SHEET 3 FOR LEGEND AND ABBREVIATIONS.
3. SEE SHEET 7 FOR MONUMENTATION NOTES.
4. ALL DISTANCES SHOWN ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
5. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
6. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
NOTES
SEE SHEET 7
LINE AND CURVE TABLES FOR THIS SHEET ONLY
10' WEST OF
BOUNDARY LINE
PER 124-PM-05
N
S
W E
W E S T W
O O
D 1"=40'
SEE DETAIL "E"
ON SHEET 7
36 N00°34'34"E 133.52'(T)
20' TEMPORARY
CONSTRUCTION
EASEMENT PER DOC. NO.
2011-024704, O.R.M.C.
4000
S.F.
72 4000
S.F.
71 4000
S.F.
70 4000
S.F.
69 4146
S.F.
68 4050
S.F.
78 4050
S.F.
79 4050
S.F.
80 4199
S.F.
81 4050
S.F.
77 4000
S.F.
73 4050
S.F.
76 4146
S.F.
74 4000 S.F.
38 4000 S.F.
37 4000 S.F.
36 4000 S.F.
35 4000 S.F.
4011 34
S.F.
10 50.00' 50.00' 53.00' 50.00' 50.00' 50.00' 53.00' N00°34'34"E 80.00' N00°34'34"E 81.00'
39.26' 50.00' 50.00' 50.00' 50.00' 50.00' 39.26' N00°34'34"E 80.00' N00°34'34"E 81.00' N00°34'34"E 80.00' N00°34'34"E 81.00' N00°34'34"E 80.00' N00°34'34"E 81.00' N00°34'34"E 80.00' N00°34'34"E 81.00' L19 N00°34'34"E 133.52'(T)
50.00' 50.00' 50.00' 39.26' 39.26' 50.00' 50.00' L22 N00°34'34"E 80.00' N00°34'34"E 81.00' L20 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' N00°34'34"E 868.03'(T) N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00' N00°34'34"E 764.63'(T)
L21
4199
S.F.
75 FARMHOUSE PLACE
ORCHARD PLACE PLACE ROAD DRAGONFLY DRIVE HOMESTEAD DRIVE MILLER LANE N89°25'26"W 328.52'(T)
N89°25'26"W 328.52'(T)
N89°25'26"W 412.00'(M-M)
N89°25'26"W 412.00'(M-M) 217.00'(M-M) 217.00'(M-M) N00°34'34"E 852.01'(T) 10' SEWER LINE EASEMENT
PER 2809-OR-579, M.C.R.
20' STORM DRAIN
EASEMENT PER DOC. NO.
2011-024704, O.R.M.C.
218.00'(M-M) 218.00'(M-M) N00°34'34"E 939.17'(M-M) 919.17'(M-B) N00°37'17"E 1726.70'(T) 938.03'(M-M) N00°34'34"E 964.46'(B) 918.73'(M-CL INTX) N00°34'34"E 964.46' 66.26' 67.26' 66.26' 67.26' 218.00'(M-M) 218.00'(M-M) N00°34'34"E 904.33'(T) N00°34'34"E 909.04'(T) 28' 28' 41.74' 175.26' 175.26' 41.74'
N89°25'26"W 356.00'(T) 28' 28'
28'
28' 28' 28' 28'
28' 28'
28'
40' 40'
40' 40'
28.50'
28.50'
4013
S.F.
9 4014
S.F.
8 4015
S.F.
7 4017
S.F.
6 N89°25'26"W 95.65' 42.00'
N89°25'26"W 95.62' 42.00' 42.00'
N89°25'26"W 95.59' 42.00' 42.00'
N89°25'26"W 95.55' 42.00' 42.00'
N89°25'26"W 95.52' 42.00' 42.00'
N89°25'26"W 95.49' 42.00' N00°37'17"E 750.25' N00°37'17"E 752.52' PARCEL
5989 S.F. 744.62'
LINE TABLE
LINE #
L19
L20
L21
L22
DIRECTION
N44°25'26"W
N45°34'34"E
N44°25'27"W
N45°34'34"E
LENGTH
19.43'
19.43'
19.43'
19.43'
N89°23'43"W 95.82'
N89°23'43"W 111.50'
109.00' 2.50'
8.00' 7.68'
SHEET OF 7 8
HACIENDA PLACE HACIENDA PLACE
SPRINGTIME PLACE
SPRINGTIME PLACE
SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 8092" FOR UNPAVED AREAS OR 1.17" BRASS DISK STAMPED "PLS 8092" FOR CONCRETE AREAS.
SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 8092" IN WELL.
SET 3.00' WITNESS CORNER, UNLESS OTHERWISE NOTED, MEASURED ALONG LOT LINE, RADIAL LINE OR PERPENDICULAR TO STREET CENTERLINE AS NOTED. 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 8092".
FOUND 3/4" IP W/PLASTIC PLUG "PLS 8385" PER 124-PM-1, M.C.R., UNLESS OTHERWISE NOTED.
SET 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 8092" FOR ALL REAR LOT CORNERS (UNLESS OTHERWISE NOTED). SET 1.17" BRASS DISK STAMPED "PLS 8092" IN SIDEWALK 1.00' ON PROPERTY LINE PROJECTION FOR ALL FRONT LOT CORNERS (UNLESS OTHERWISE NOTED).
SET 1.00' WITNESS CORNER, MEASURED ALONG RADIAL LINE OR PERPENDICULAR TO STREET CENTERLINE AS NOTED. 1.17" BRASS DISK STAMPED "PLS 8092" FOR CONCRETE AREAS AND 3/4" x 24" IRON PIPE W/ PLASTIC PLUG "PLS 8092" FOR ALL UNPAVED AREAS.
SEE SHEET 2 FOR MONUMENT DESCRIPTIONS.
MONUMENT NOTES
1. SEE SHEET 2 FOR BASIS OF BEARINGS AND REFERENCES.
2. SEE SHEET 3 FOR LEGEND AND ABBREVIATIONS.
3. ALL DISTANCES SHOWN ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
4. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
5. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
NOTES TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
SEE SHEET 6
SEE SHEET 8
LINE TABLE FOR THIS SHEET ONLY
SAN LUIS STREET
CANAL FARM LANE
SAN LUIS STREET
CANAL FARM LANE
PACHECO BOULEVARD
788.67'(M-M)
N
S
W E
W E S T W
O O
D 1"=40'
DETAIL "E"
1" = 10' MILLER LANE HOMESTEAD DRIVE
37 108.30' 112.88'
10' SEWER LINE EASEMENT
PER 2809-OR-579, M.C.R.
20' TEMPORARY
4199
S.F.
82 4199
S.F.
95 4050
S.F.
83 4050
S.F.
94 4050
S.F.
84 4050
S.F.
93 4050
S.F.
85 4050
S.F.
92 4050
S.F.
86 4050
S.F.
91 4050
S.F.
87 4050
S.F.
90 4199
S.F.
88 4199
S.F.
89 4000 S.F.
30 4000 S.F.
29 4000 S.F.
28 4500 S.F.
27 4000 S.F.
33 4000 S.F.
32 4000 S.F.
31 4102
S.F.
23 4074
S.F.
24 4194
S.F.
25 4372
S.F.
19 4185
S.F.
20 4157
S.F.
21 4130
S.F.
22 53.00' 50.00' 50.00' 50.00' 50.00' 50.00' 53.00' N00°34'34"E 81.00' N00°34'34"E 81.00'
50.00' 50.00' 50.00' 39.26' 39.26' 50.00' 50.00' L8
L7 39.26' 50.00' 50.00' 50.00' 50.00' 50.00' 39.26' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' N00°34'34"E 81.00' L9
L23 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 45.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 45.00' 53.76' N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00'
N89°25'26"W 100.00' N00°34'34"E 81.76'
39.26' 50.00' 50.00' 50.00' 50.00' 50.00' 39.26' N00°34'34"E 82.32' N00°34'34"E 81.20' L6
L24 N00°34'34"E 83.98'
L5 N00°34'34"E 83.43' N00°34'34"E 82.87'
L3 L4 N88°47'11"W 733.64'(T)
ORCHARD PLACE
HACIENDA PLACE
SAN LUIS STREET DRAGONFLY DRIVE HOMESTEAD DRIVE
5218 S.F.
26 MILLER LANE N00°34'34"E 134.52'(T) N00°34'34"E 134.52'(T) N89°25'26"W 328.52'(T)
N89°25'26"W 328.52'(T)
N89°25'26"W 328.52'(T)
N89°25'26"W 412.00'(M-M) N00°34'34"E 764.63'(T)
N89°25'26"W 412.00'(M-M) 218.00'(M-M) 218.00'(M-M)
217.00'(M-M) 217.00'(M-M)
693.63'
28' 28' 40.00'
28' 28'
N88°47'11"W 635.80'(T) N00°34'34"E 868.03'(T)
20' TEMPORARY
CONSTRUCTION
EASEMENT PER DOC. NO.
2011-024704, O.R.M.C. PLACE ROAD
N89°25'26"W 100.00'
40.00' 20'
N88°47'11"W 779.74'
739.73' N00°34'34"E 939.17'(M-M) 919.17'(M-B)
20.00'(M-B) N00°37'17"E 1726.70'(T) 938.03'(M-M) N00°34'34"E 852.01'(T) 918.73'(M-CL INTX) N00°34'34"E 964.46'
53.00'
53.00' 50.00' 50.00' 50.00' 50.00' 50.00' 38.32'
85.68' 67.26' 67.26' 67.26' 67.26' N00°34'34"E 66.88' N00°34'34"E 70.84' 20' STORM DRAIN
EASEMENT PER DOC. NO.
2011-024704, O.R.M.C. N00°34'34"E 909.04'(T) N00°34'34"E 904.33'(T) 41.74' 176.26' 28' 28' 41.74' 176.26'
N89°25'26"W 356.00'(T)
28.50'
28.50' 20' 20'
28' 28' 28' 28' 28' 28'
28' 28'
28'
28' 28' 28' 28'
28' 28'
28'
40' 40'
40' 40'
4781
S.F.
18 4001
S.F.
17 4003
S.F.
16 4004
S.F.
15 4006
S.F.
14 4007
S.F.
13 4008
S.F.
12 4010
S.F.
11 N89°25'26"W 95.49' 42.00'
N89°25'26"W 95.45' 42.00' 42.00'
N89°25'26"W 95.42' 42.00' 42.00'
N89°25'26"W 95.39' 42.00' 42.00'
N89°25'26"W 95.35' 42.00' 42.00'
N89°25'26"W 95.32' 42.00' 42.00'
N89°25'26"W 95.29' 42.00' 42.00'
N89°25'26"W 95.25' 42.00' 38.52' 50.58' N00°37'17"E 750.25' N00°37'17"E 752.52' L1
PARCEL A
5989 S.F.
L25744.62'
L2
82.09'
LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
DIRECTION
N45°57'02"E
N0°37'17"E
N45°57'02"E
N1°16'47"E
N44°25'26"W
N45°34'34"E
LENGTH
18.46'
5.62'
24.61'
10.00'
19.43'
19.43'
LINE TABLE
LINE #
L7
L8
L9
L23
L24
L25
DIRECTION
N45°34'34"E
N44°25'26"W
N45°34'34"E
N44°25'27"W
N44°06'13"W
N45°57'02"E
LENGTH
19.43'
19.43'
19.43'
19.43'
20.38'
11.25'
SEE SHEET 7 SHEET OF 8 8
FARMHOUSE PLACE
FARMHOUSE PLACE
12' WIDENING OF SAN LUIS STREET
CANAL FARM LANE
TRACT NO: 2025-03
SAN LUIS ESTATES
CITY OF LOS BANOS
MERCED COUNTY, CALIFORNIA
BEING A SUBDIVISION OF PARCEL 1 OF PARCEL MAP NO. 2025-01, BOOK 124 OF PARCEL MAPS, PAGES 1-5, LYING IN A PORTION OF SECTION 13 T. 10 S., R. 10 E., M.D.B.&M.
JULY 2026
Phone (209) 571-1765 1165 Scenic Drive, Suite A
Modesto, CA 95350
Westwood Professional Services, Inc.
Westwood
westwoodps.com
LINE TABLE FOR THIS SHEET ONLY
1. SEE SHEET 2 FOR BASIS OF BEARINGS AND REFERENCES.
2. SEE SHEET 3 FOR LEGEND AND ABBREVIATIONS.
3. SEE SHEET 7 FOR MONUMENTATION NOTES.
4. ALL DISTANCES SHOWN ARE GRID DISTANCES, MULTIPLY GRID DISTANCES SHOWN BY 1.0000016 TO GET GROUND DISTANCES.
5. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED.
6. DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.
NOTES
CANAL FARM LANE
PEDESTRIAN ACCESS ONLY ALONG
HOMESTEAD DRIVE FRONTAGE
PEDESTRIAN ACCESS ONLY ALONG
DRAGONFLY DRIVE FRONTAGE
N
S
W E
W E S T W
O O
D 1"=40'
38 SITE MAP: San Luis Estates
39 THIS PAGE IS INTENTIONALLY LEFT BLANK
40 Recording Requested By:
City of Los Banos
And When Recorded Mail to:
Lucille L. Mallonee, City Clerk
City of Los Banos
520 J Street
Los Banos CA 93635 Space above this line for Recorder’s use.
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT made this 16th day of September 2026, between Century Communities of California, LLC, a Delaware Limited Liability Company, Parties of the First Part, hereinafter designated and called "DEVELOPER(S)", and the CITY OF LOS BANOS, a municipal corporation, the Parties of the Second Part, hereinafter designated and called "CITY".
WHEREAS, the DEVELOPER(S) have presented to the CITY a certain Final Map located within the corporate limits of the CITY, and known and described as Vesting Tentative Tract Map San Luis Estates, comprised of 95 single family lots on approximately 16.04+ acres, a copy of which is on file at the City of Los Banos Planning Department and made a part of this AGREEMENT by reference, and said DEVELOPER(S)have requested the CITY to accept the dedications delineated and shown on said Final Map in order that the same may be recorded as required by law; and,
WHEREAS, the CITY requires a condition precedent to the acceptance and approval of said Final Map, the dedication of said easements as are delineated and shown on said Final Map, and deems the same as necessary for public use, and requires and deems as necessary for the public use that any and all street improvements delineated and shown thereon shall be improved by the construction thereon and the installation therein of the improvements hereinafter specified in Paragraph One herein; and,
WHEREAS, certain sections of the Los Banos Municipal Code require the DEVELOPER(S) to enter into this AGREEMENT with the CITY whereby DEVELOPER(S) agree to do, perform, and complete the works and matters hereinafter in this AGREEMENT mentioned and set forth in details, within the time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the CITY; and, WHEREAS, the City Council of the City of Los Banos has found said Final Map by Resolution No. ________ to be in substantial compliance with the designs and Conditions of Approval of Vesting Tentative Tract Map #2025-03.
NOW, THEREFORE, in consideration of the acceptance of the offers of dedication of easements, and facilities as shown and delineated on said Final Map, and the approval of said Final Map for filing and recording as provided and required by law, it is mutually agreed and understood by and between DEVELOPER(S) and CITY as follows:
41 Subdivision Improvement Agreement 2 FM #2025-03
San Luis Estates
SUBDIVISION AGREEMENT
1. That the CITY has fixed and does fix the time within which DEVELOPER(S) shall do and perform the work and improvements hereinafter specified and at such time during this period as designated by the Public Works Director/City Engineer of the CITY, but no later than the 16th day of September 2028, with the said provision that this time may be extended by consent of the City Council, and that the DEVELOPER(S) will, within the period of time stated herein above in this paragraph stated and fixed, do or cause to be done and performed, the following described work and improvements,(as detailed in attached Exhibit A) all at their own cost and expense, to the satisfaction of the Public Works Director/City Engineer in accord with the approved subdivision improvement plans and existing City Policies and adopted Standards, including all costs of inspection, to-wit;
CANAL FARM LANE IMPROVEMENTS:
1. SITE PREPARATION $ 5,530.00
2. STORM DRAIN $ 48,570.00
3. WATER $ 122,290.00
4. CONCRETE $ 122,500.00
5. PAVEMENT $ 128,592.00
6. ELECTROLIERS $ 22,000.00
7. MISCELLANEOUS $ 106,640.00
TOTAL Cost of Construction and/or $ 556,122.00
Installation of Improvements
CONTINGENCIES AT 10% $ 55,612.20
TOTAL $ 611,734.20
PLACE ROAD IMPROVEMENTS:
1. SITE PREPARATION $ 11,050.00
2. STORM DRAIN $ 115,930.00
3. WATER $ 20,400.00
4. CONCRETE $ 172,370.00
5. PAVEMENT $ 249,668.00
6. ELECTROLIERS $ 22,000.00
7. MISCELLANEOUS $ 216,975.00
TOTAL Cost of Construction and/or $ 808,393.00
Installation of Improvements
CONTINGENCIES AT 10% $ 80,839.30
42 Subdivision Improvement Agreement 3 FM #2025-03
San Luis Estates
TOTAL $ 889,232.30
MILLER LANE IMPROVEMENTS:
1. ELECTROLIERS $ 11,000.00
2. MISCELLANEOUS $ 176,955.00
TOTAL Cost of Construction and/or $ 187,955.00
Installation of Improvements
CONTINGENCIES AT 10% $ 18,795.50
TOTAL $ 206,750.50
ON-SITE IMPROVEMENTS:
1. SITE PREPARATION $ 137,975.00
2. STORM DRAIN $ 515,070.00
3. SEWER $ 580,440.00
4. WATER $ 680,640.00
5. CONCRETE $ 549,994.00
6. PAVEMENT $ 486,542.00
7. ELECTROLIERS $ 110,000.00
8. MISCELLANEOUS $ 210,790.00
TOTAL Cost of Construction and/or $ 3,271,451.00
Installation of Improvements
CONTINGENCIES AT 10% $ 327,145.10
TOTAL $ 3,598,596.10
CONSTRUCTION GRAND TOTAL____________________________ $ 5,306,313.10
3. The DEVELOPER(S) shall furnish bonding or other forms of security for the estimated cost of the remaining improvements, agreed to by the CITY for Performance at 100%, $5,306,313.10 and Labor and Materials at 50%, $2,653,156.55 and prior to the release of other security, for Warranty and Guarantee at 10% in the amount of $530,631.31. In addition, the DEVELOPER(S) shall provide a bond or other form of security in the amount of $3,500.00 for survey monuments, per §66496 of the Government Code.
4. The DEVELOPER(S) agrees to pay the following fees at the time of signing the AGREEMENT less any amount previously paid.
43 Subdivision Improvement Agreement 4 FM #2025-03
San Luis Estates
ENGINEERING AND INSPECTION
5% of Engineer’s Cost Estimate Minus 10% Contigency $ 213,488.84 Less: Deposit for Plan Check (Check# 00731663) $ 132,434.05 Less: Deposit for Plan Check (Check# 00735439) $ 81,054.79 TOTAL $ 0.00
5. In accordance with adopted City Policy, security funds may be released for each category of improvements, as per Engineer’s cost estimates for $5,306,313.10 (attached as Exhibit “A”), as approved by Public Works Director/City Engineer and accepted by the City Council.
6. The DEVELOPER(S) shall install improvements in accordance with the requirements of the City of Los Banos Municipal Code, the Standard Specifications of the City of Los Banos, the approved Subdivision Improvements and Grading Plans and the Conditions of Approval of Vesting Tentative Tract Map 2025-03 San Luis Estates. All public improvements and utilities must be installed prior to occupancy of units.
7. In the event that the DEVELOPER(S) shall damage, destroy, or tear up any existing improvements, DEVELOPER(S) agree to repair or replace such destroyed or damaged improvements at their cost whenever such damage shall occur.
8. Street lights shall be furnished and installed by the DEVELOPER(S). It is solely the DEVELOPER(S) responsibility to coordinate the installation of street lights with the Pacific Gas and Electric Company and pay any and all fees necessary for their installation. At the time of acceptance, the street lights, including conductors to utility owner splice boxes, shall become the property of the CITY.
9. Any improvements not shown on the approved Improvement Plans which are to be dedicated to the CITY or which are to be placed within the proposed City right-of-way, including mailboxes, private and utility works, shall not be constructed without written approval from the CITY. It shall be the DEVELOPER(S) responsibility to ensure that mailboxes for use by the U.S.
Postal Service are available for residents at the time of occupancy; installation to be per plans approved by the Postmaster and the CITY.
10. All earthwork and construction shall meet the requirements and recommendations of the Soils Report, the Amended Soils Report for the Project and the adopted Improvement Standards and Specifications of the City. The DEVELOPER(S) shall, at their expense, provide a Soils Engineer whose responsibility includes the professional inspection and approval concerning the preparation of ground to receive fills, excavation and backfill operations, stability of all finished slopes, and testing for required compaction. Prior to the issuance of structural permits and prior to occupancy release, the Soils Engineer shall certify, in writing, that all earthwork including trench 44 Subdivision Improvement Agreement 5 FM #2025-03
San Luis Estates
backfill meets the requirements and recommendations of the Soils Report and the adopted Improvement Standards and Specifications of the City.
11. Neither the CITY nor any of its officers or agents shall be liable to DEVELOPER(S) or their contractors for any error or omission arising out of or in connection with any work to be performed under this AGREEMENT. During the progress of the work, if it becomes necessary to modify the design because of errors or omissions on the plans or unforeseen conditions which render a portion of the project inoperable, unsafe, or prohibits a part of the project from performing satisfactorily in the opinion of the CITY, the plans shall be modified in accordance with the recommendations of the CITY. The DEVELOPER(S) shall be responsible for all costs incurred in revising the plans and performing the work in accordance with the modified plans.
12. The Improvement Plans may be modified upon approval by the CITY at no cost to the CITY.
13. The CITY shall not be liable to the DEVELOPER(S) or to any other person, firm, or corporation whatsoever, for any injury or damage that may result to any person or property by or from any cause whatsoever in, on, or about the subdivision of said land covered by this AGREEMENT, or any part thereof.
14. The DEVELOPER(S) hereby release and agree to indemnify and hold the CITY harmless from and against any and all injuries to and deaths of persons and injuries to property, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, resulting directly or indirectly from the performance or nonperformance of any or all work to be done in and upon the street rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this AGREEMENT, and also from any and all injuries to and deaths of persons and injuries to property or other interests, and all claims, demands, costs, loss, damage, and liability, howsoever the same may be caused and whensoever the same may appear, either directly or indirectly made or suffered by the DEVELOPER(S), the DEVELOPER(S) agents, employees, and subcontractors, while engaged in the performance of said work.
15. The DEVELOPER(S) agree that the use for any purpose and by any persons of any and all of the improvements herein before specified, shall be at the sole and exclusive risk of the DEVELOPER(S) at all times prior to final acceptance by the CITY of the completed improvements. Thereon and therein; provided, that acceptance by the CITY shall in no way eliminate or lessen any of DEVELOPER(S) obligations and undertakings contained in this AGREEMENT. The issuance of any occupancy permits by the CITY for dwellings located within said subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all of the improvements in said subdivision.
45 Subdivision Improvement Agreement 6 FM #2025-03
San Luis Estates
16. It is mutually agreed by the parties hereto that the Public Works Director/City Engineer shall have the right to reject any or all of the work to be performed under this AGREEMENT if such work does not conform with the plans and specifications mentioned herein or the ordinances of the CITY. Reinspection of corrected work shall be at the expense of the DEVELOPER(S). The cost of such reinspection is not included in the Engineering and Inspection Fee described in Paragraph 4 of this AGREEMENT. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired by the DEVELOPER(S) to the satisfaction of the Public Works Director/City Engineer by the DEVELOPER(S) before release of bond or final acceptance of completed work.
17. DEVELOPER(S) shall provide for adequate erosion control as determined by the Public Works Director/City Engineer on individual lots and from exterior property draining into the area of the subdivision, to protect the public rights-of-way and improvements. Erosion control on individual lots shall continue until such a time as front and street side yard landscaping is installed.
18. Without limiting the foregoing, DEVELOPER(S) warrant and guarantee materials used and workmanship performed on said work for a period of one (1) year after completion and acceptance thereof by the City Council, or the Public Works Director/City Engineer.
19. Upon completion of the improvements, specified herein the DEVELOPER(S) shall file a Notice of Completion with Merced County and submit to the City "As Built" drawings on mylar, of the improvements. The Notice of Completion shall be filed no later than thirty-five (35) days prior to consideration for acceptance of the improvements by the City Council. As part of the request for acceptance of improvements, the DEVELOPER(S) shall submit a title report encompassing each of the parcels within the Subdivision which discloses all liens or claims which may have been recorded in or prior to thirty-one (31) days following the date of recordation of the Notice of Completion. If any liens or claims are thus revealed, the DEVELOPER(S) shall either remove the liens and claims and submit an updated title report prior to acceptance of the Subdivision by the CITY, or shall enter into an agreement with the CITY that provides to the satisfaction of the CITY a method for the removal of such liens and claims at no cost to the CITY.
20. It is hereby mutually covenanted and agreed by the parties hereto that DEVELOPER(S) contractors are not agents of the CITY and that the contractors' relations to CITY, if any, are those of independent contractors.
21. That the applicant furnish the CITY with a reproducible 8 1/2" x 11" map of the Final Map of this development prior to issuance of permits.
22. DEVELOPER(S) shall comply with all applicable original or amended Conditions of Approval of Vesting Tentative Tract Map #2025-03, prior to acceptance of public improvements or final of any housing units.
46 Subdivision Improvement Agreement 7 FM #2025-03
San Luis Estates
23. No work shall commence under the terms of this AGREEMENT prior to all of the following being completed: deposit of improvement security per City Council resolution; issuance of a Subdivision Improvements grading permit other than rough grading and site preparation; and payment of all required development fees.
24. All costs for engineering and inspection services which exceed the 5% fee specified above will be invoiced to the DEVELOPER(S) and must be paid in full prior to acceptance of the subject improvements by the CITY.
25. If construction of improvements has not begun within one (1) year from the date of this AGREEMENT, then prior to commencement of work the Public Works Director/City Engineer shall review the improvement plans and determine if revisions are required. In any case, a new engineer's cost estimate shall be submitted by the applicant to the Public Works Director/City Engineer. The applicant shall be responsible for any modification to the plans required by the Public Works Director/City Engineer and shall pay all plan check fees plus the difference in inspection fees due based on the new cost estimate.
26. The DEVELOPER(S) acknowledge the requirement to comply with the environmental mitigation measures for Vesting Tentative Tract Map #2025-03, and the conditions of approval for said tentative map, (attached herein as Exhibit ‘B’), in the development of this Subdivision.
27. The terms of this AGREEMENT are not intended to, nor do they, relieve the DEVELOPER(S) of any conditions of approval, compliance with City Standards or compliance with mitigation measures of adopted environmental documents, the compliance with which may be placed as a condition of permit issuance or occupancy.
28. Time is of the essence of this AGREEMENT. It is agreed that the provisions of this AGREEMENT shall apply to and bind the heirs, executors, administrators, successors, devisees, and assignees of the respective parties hereto.
47 Subdivision Improvement Agreement 8 FM #2025-03
San Luis Estates
IN WITNESS WHEREOF, the parties have executed these presents or caused the same to be executed by the officers thereunto duly authorized on the date and year in this AGREEMENT first above written.
Century Communities of California, LLC
A Delaware Limited Liability Company
________________________________
W. Allen Bennett, Vice President
PARTIES OF THE FIRST PART
CITY OF LOS BANOS
A Municipal Corporation
_______________________________
Michael S. Amabile
Mayor
City of Los Banos
PARTIES OF THE SECOND PART
ATTEST:
__________________________
Lucille L. Mallonee
City Clerk
City of Los Banos
Signatures need to be notarized.
Attach a Notary Acknowledgement.
48 Project name: San Luis Estates - 95 Residential Lots Los Banos, CA ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT
CANAL FARM LANE
1 GRADING CY 553 $10.00 $5,530.00
$5,530.00
B. STORM DRAIN
1 12" STORM DRAIN LF 100 $120.00 $12,000.00
2 15" STORM DRAIN LF 89 $130.00 $11,570.00
3 STANDARD MANHOLE EA 2 $7,500.00 $15,000.00
4 EA 2 $5,000.00 $10,000.00
$48,570.00
C. WATER
1 LF 781 $90.00 $70,290.00
2 EA 6 $3,000.00 $18,000.00
3 FIRE HYDRANT WITH TEE, GATE VALVE & BURY EA 2 $12,000.00 $24,000.00 4 CONNECT TO EXISTING 8" WATER EA 2 $5,000.00 $10,000.00 $122,290.00
D. CONCRETE
1 LF 1,517 $40.00 $60,680.00
2 EA 5 $5,000.00 $25,000.00
3 SIDEWALK (INCLUDING RETURNS) SF 3,682 $10.00 $36,820.00 $122,500.00
1 SF 28,648 $4.00 $114,592.00
2 MONUMENT WELLS EA 7 $2,000.00 $14,000.00
$128,592.00
1 30' ELECTROLIERS EA 4 $5,500.00 $22,000.00
$22,000.00
1 STRIPING AND SIGNAGE LS 1 $6,500.00 $6,500.00
2 EROSION CONTROL LS 1 $1,500.00 $1,500.00
3 6'-11" MASONRY WALL LF 411 $240.00 $98,640.00
$106,640.00
$556,122.00
$55,612.20
$611,734.20
10% CONTINGENCY
OPINION OF PROBABLE COST
A. SITE PREPARATION
SUB-TOTAL
9/9/2026
SUB-TOTAL
8" GATE VALVE
6" VERTICAL CURB & GUTTER (INCLUDING RETURNS)
SUB-TOTAL
SUB-TOTAL
CATCH BASIN
ACCESSIBLE RAMP (LABOR ONLY)
SUB-TOTAL
G. MISCELLANEOUS
E. PAVEMENT
2.5" AC/11.0" AB
SUB-TOTAL
8" WATER
F. ELECTROLIERS
SUB-TOTAL
SUB-TOTAL
CONST. TOTAL
49 PLACE ROAD
1 GRADING CY 1,105 $10.00 $11,050.00
$11,050.00
B. STORM DRAIN
1 12" STORM DRAIN LF 222 $120.00 $26,640.00
2 LF 33 $130.00 $4,290.00
3 STANDARD MANHOLE EA 2 $7,500.00 $15,000.00
4 EA 6 $5,000.00 $30,000.00
5 EA 1 $25,000.00 $25,000.00
6 CONNECT TO EXISTING STORM DRAIN MANHOLE EA 3 $5,000.00 $15,000.00 $115,930.00
C. WATER
1 LF 60 $90.00 $5,400.00
2 EA 1 $3,000.00 $3,000.00
3 FIRE HYDRANT EA 1 $12,000.00 $12,000.00
$20,400.00
C. CONCRETE
1 LF 1,784 $40.00 $71,360.00
2 EA 2 $5,000.00 $10,000.00
3 SIDEWALK (INCLUDING RETURNS) SF 9,101 $10.00 $91,010.00 $172,370.00
1 SF 40,778 $6.00 $244,668.00
2 EA 2 $2,500.00 $5,000.00
$249,668.00
1 30' ELECTROLIERS EA 4 $5,500.00 $22,000.00
$22,000.00
1 STRIPING AND SIGNAGE LS 1 $7,500.00 $7,500.00
2 EROSION CONTROL LS 1 $1,500.00 $1,500.00
3 6'-9" MASONRY WALL LF 885 $235.00 $207,975.00
$216,975.00
$808,393.00
$80,839.30
$889,232.30
3" AC/13.5" AB
6" VERTICAL CURB & GUTTER (INCLUDING RETURNS)
15" STORM DRAIN
CATCH BASIN
CONSTRUCT MANHOLE ON EXISTING 48" STORM DRAIN
D. PAVEMENT
SUB-TOTAL
8" WATER
8" GATE VALVE
SUB-TOTAL
E. ELECTROLIERS
SUB-TOTAL
SPEED CUSHION
CONST. TOTAL
F. MISCELLANEOUS
SUB-TOTAL
10% CONTINGENCY
SUB-TOTAL
ACCESSIBLE RAMP (LABOR ONLY)
SUB-TOTAL
A. SITE PREPARATION
SUB-TOTAL
SUB-TOTAL
50 MILLER LANE
1 30' ELECTROLIERS EA 2 $5,500.00 $11,000.00
$11,000.00
1 6'-9" MASONRY WALL LF 753 $235.00 $176,955.00
$176,955.00
$187,955.00
$18,795.50
$206,750.50
ON-SITE (INCLUDING SAN LUIS STREET)
1 LS 1 $37,500.00 $37,500.00
2 LF 1,136 $6.00 $6,816.00
3 SF 4,942 $2.00 $9,884.00
4 CY 16,755 $5.00 $83,775.00
$137,975.00
B. STORM DRAIN
1 12" STORM DRAIN LF 801 $120.00 $96,120.00
2 15" STORM DRAIN LF 2003 $100.00 $200,300.00
3 LF 131 $150.00 $19,650.00
4 EA 12 $7,500.00 $90,000.00
5 EA 1 $9,000.00 $9,000.00
6 EA 20 $5,000.00 $100,000.00
$515,070.00
C. SEWER
1 LF 3,093 $80.00 $247,440.00
2 EA 95 $2,000.00 $190,000.00
3 EA 13 $9,000.00 $117,000.00
4 CONSTRUCT MANHOLE ON EXISTING 12" SEWER EA 2 $13,000.00 $26,000.00 $580,440.00
D. WATER
1 LF 3,442 $90.00 $309,780.00
2 EA 20 $3,000.00 $60,000.00
3 1" WATER SERVICE EA 95 $2,000.00 $190,000.00
4 2" LANDSCAPE SERVICE EA 1 $6,500.00 $6,500.00
5 3" IRRIGATION SLEEVE EA 224 $15.00 $3,360.00
6 FIRE HYDRANT WITH TEE, GATE VALVE & BURY EA 8 $12,000.00 $96,000.00 7 CONNECT TO EXISTING 6" WATER EA 1 $5,000.00 $5,000.00 8 CONNECT TO EXISTING 10" WATER EA 2 $5,000.00 $10,000.00 $680,640.00
1 LF 6,650 $30.00 $199,500.00
2 ACCESSIBLE RAMP (LABOR ONLY) EA 17 $5,000.00 $85,000.00 3 SIDEWALK (INCLUDING RETURNS) SF 30,218 $8.00 $241,744.00 4 STANDARD DRIVEWAY EA 95 $250.00 $23,750.00
$549,994.00
6" VERTICAL CURB & GUTTER (INCLUDING RETURNS)
A. SITE PREPARATION
CLEARING & GRUBBING
GRADING
SUB-TOTAL
8" GATE VALVE
SUB-TOTAL
SUB-TOTAL
8" WATER
SAWCUT EXISTING PAVEMENT
REMOVE EXISTING PAVEMENT & CONCRETE
CONSTRUCT MANHOLE ON EXISTING 48" STORM DRAIN
18" STORM DRAIN
STANDARD MANHOLE
CATCH BASIN
SUB-TOTAL
8" SEWER
10% CONTINGENCY
CONST. TOTAL
A. ELECTROLIERS
SUB-TOTAL
B. MISCELLANEOUS
SUB-TOTAL
SUB-TOTAL
SUB-TOTAL
4" SEWER SERVICE LATERALS
E. CONCRETE
STANDARD MANHOLE
51 1 SF 104,721 $4.00 $418,884.00
2 SF 6,943 $6.00 $41,658.00
3 EA 4 $2,500.00 $10,000.00
4 EA 8 $2,000.00 $16,000.00
$486,542.00
1 30' ELECTROLIERS EA 20 $5,500.00 $110,000.00
$110,000.00
H. MISCELLANEOUS
1 LS 1 $75,000.00 $75,000.00
2 LS 1 $25,000.00 $25,000.00
3 EA 1 $3,000.00 $3,000.00
4 EA 1 $3,000.00 $3,000.00
5 LF 499 $210.00 $104,790.00
$210,790.00
$3,271,451.00
$327,145.10
ON-SITE CONST. TOTAL $3,598,596.10
CONST. GRAND TOTAL $5,306,313.10
Notes:
1. This estimate does not include surveying, engineering, or street trees.
2. This estimate does not include cost for irrigation ditch removal, relocation, or pipe lining.
3. Estimated grading cost can vary due to shrinkage, stripping, site consolidation and other variable factors associated with earthwork.
4. Items not included as part of this estimate:
A. Existing Irrigation Facility Demolition H. Easement acquisition B. Permits I. Street Trees (on lots)
C. Utility Fees J. Tree Removal
D. City Fees, bond fees K. Mail Boxes
E. Engineering/design fees L. Joint Trench
F. Soils engineering cost M. Power Pole Relocations
G. Landscaping and Irrigation N. Street lights
O. Masonry Walls
10% CONTINGENCY
STREET BARRICADE
RELOCATE EX. SOLAR POWERED SPEED LIMIT SIGN
SUB-TOTAL
EROSION CONTROL
ON-SITE SUB-TOTAL
SPEED CUSHION
6' MASONRY WALL
G. ELECTROLIERS
SUB-TOTAL
STRIPING AND SIGNAGE
SUB-TOTAL
F. PAVEMENT
2.5" AC/11" AB
MONUMENT WELLS
3" AC/13.5" AB
52 EXHIBIT B
CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP #2025-03 -
SAN LUIS ESTATES SUBDIVISION
General
1. The applicant shall submit a revised Vesting Tentative Tract Map to the Community and Economic Development Department reflecting any modifications, additions, and/or conditions of approval, within 30 days from Planning Commission approval. If necessary, the revised Vesting Tentative Tract Map shall be reviewed by the City Engineer and the Community and Economic Development Director and signed by the Community and Economic Development Director for purposes of providing a clear record of the approved Vesting Tentative Tract Map.
2. Prior to the recordation of a Final Map the Developer shall form or annex the Subject Property to a Community Facilities District created for the purposes of funding public safety, as authorized by Government Code Section 53313(a) and (b). The form, terms and conditions and the tax rate for the formation of the Mello-Roos district, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. District formation or annexation shall be at the sole cost of the Developer.
3. Prior to approval of any Final Map, the Developer shall form or annex the subject property to a Lighting and Landscaping District created for purposes of maintaining public landscape areas, signage and public lighting including a share of traffic signal maintenance costs as authorized pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Article XIIID of the California Constitution.
The form, terms and conditions and the tax rate for the formation of the Lighting and Landscaping District, or in the alternative the annexation of the subject property to an existing district, shall be as approved by the City Council, as determined in its sole and exclusive discretion. It is the intent of the parties that the assessment of the subject property will be apportioned to each parcel in proportion to the special benefit it receives. District formation or annexation shall be at the sole cost of the developer.
4. The project shall be subject to and the Developer shall pay development impact fees enacted by the City, including scheduled or periodic increases as provided for in the adopting ordinance or resolutions in effect at the time of the Developer's request for the issuance of a building permit and/or as included in the Subdivision Improvement Agreement.
5. The Vesting Tentative Tract Maps, Final Maps, and Improvement Plans shall be consistent, as conditioned.
6. The project shall comply with all applicable Caltrans requirements, conditions, and improvement obligations, and shall obtain an encroachment permit from Caltrans for any work occurring within or adjacent to the Caltrans right-of-way.
7. Approval and life of the Vesting Tentative Tract Maps shall be as set forth in the Los Banos Municipal Code.
8. All development shall be consistent with the Vesting Tentative Tract Map #2025-03, reflecting any amendments added during approval.
9. The Final Map(s) shall be in substantial compliance with the approved Vesting Tentative Tract Map, including any changes set forth in the conditions of approval.
6 53
10. The design, appearance, and architectural features of all residential units within the subdivision shall be in substantial compliance with the architectural plan set submitted to the City on June 13, 2025. Minor modifications may be approved by the Community and Economic Development Director, provided such changes do not materially alter the character, style, or overall design intent of the approved plans.
11. A Final Map shall be prepared by a professional land surveyor licensed in California or a professional engineer licensed in California and qualified to practice land surveying, according to the Subdivision Map Act, and local ordinances.
12. At least two points on the Final Map shall be tied to the California State Plane Coordinate System (NAO 83) with ties shown and closure calculations depicting the tie bearings and distances.
13. A letter from the Tax Collector shall be submitted prior to the recording of the Final Map which indicates that taxes have been paid or a bond has been posted.
14. A Final Map Guarantee shall be prepared and provided to the County Recorder.
15. When the submittal has been technically approved, the original mylars and a conforming mylar will be signed and notarized (notary shall not be stamped on the map) and delivered to the Public Works Department.
16. Developer shall include a Public Utility Easement of ten (10) feet along all road frontages.
17. For subject properties within 1,000 feet of agricultural operations, deed notices shall be recorded with the final map. The deed notice shall require property purchasers to acknowledge the existing and ongoing commercial and/or agricultural uses on adjacent and nearby properties, and the Merced County Right-to-farm Ordinance.
18. Building Master Plans shall be approved by the Community and Economic Development Department and Building Department prior to issuance of the first building permit and shall be consistent with Vesting Tentative Tract Map #2025-03.
19. Improvement Plans shall be submitted to the City for approval prior to/or concurrent with the application for each final map and the following note shall be required: "The Contractor is responsible for protecting and preserving survey monuments and other survey markers. Any survey monuments damaged as a direct or indirect result of construction activities shall be re-established by a duly licensed land surveyor at the Contractor's sole expense. A corner record shall be filed in accordance with State law for any reset monuments at the Contractor's sole expense."
20. Improvement Plans shall include a street signage and striping plan to be approved by the Public Works Director.
21. Subdivision improvements may be constructed prior to the recording of the Final Map subject to City approval of Improvement Plans and payment of applicable plan check and inspection fees, and satisfaction of all construction conditions of approval.
22. If applicable, off-site public improvement plan(s) shall be submitted to the Public Works Department for approval prior to/or concurrent with the application for the Final Map. The developer shall not commence off-site improvements until approval is received by the Public Works Department.
The developer shall enter into a subdivision improvement agreement with 7 54
the City and provide labor and maintenance bonds in an amount of 100% of the Engineer's Estimate for public improvements to be completed following recordation of the Final Map.
23. The project is subject to the appropriate Development Impact Fees as established by the City.
24. Masonry walls shall be installed where residential lots are adjacent to San Luis Street, Place Road, Canal Farm Lane, and Miller Lane as illustrated on the VTTM. Maintenance of masonry wall segments facing the public rightof-way shall be funded and provided through the Lighting and Landscape Maintenance District. The interior-facing side of the masonry wall shall be maintained by the respective property owners.
25. The masonry wall along Canal Farm Lane shall extend the full length of the 15-foot rear yard adjacent to the curb ramp on lots 48 and 54.
26. The applicant shall obtain City approval in advance for permanent and temporary on-site and off-site signs through separate sign reviews and bonding consistent with the development criteria of the Los Banos Municipal Code - Sign Ordinance.
27. It is the applicant's responsibility to ensure that the development complies with the Americans with Disabilities Act requirements.
28. It shall be the responsibility of the applicant to convey copies of the conditions of approval to all contractors and sub-contractors.
29. Building permits will be issued in accordance with City Subdivision Policy that identifies the improvements required in order for a building permit to be issued.
30. All structures, foundations, and footings for future buildings on the project site shall be designed and constructed to conform with the current Uniform Building Code for Seismic Zone 4 to minimize structural damage resulting from potential seismic activity.
31. An engineering soils report shall be prepared for all projects in order to identify soil characteristics requiring special structural design. On-site and off-site structural design shall conform to the findings and recommendation of the engineering soils report. The report shall be prepared prior to issuance of a grading permit, subject to review and approval of the Los Banos City Engineer.
32. Prior to issuance of building permits for development of sensitive residential land uses (e.g. houses, schools, parks, day care), or other uses in which persons may contact soils), a Phase 1 environmental assessment shall be prepared to determine if soils contain hazardous materials. If necessary, a remediation plan shall be created and implemented. The assessment and any necessary remediation plans shall be subject to the approval of the Community Development Department.
33. Improvement Plans and Grading Plans shall delineate the location and design of all required walls and fences including retaining walls.
34. Undeveloped portions of the subdivision shall be controlled of weeds and free of debris and litter.
35. Due to the possibility that significant buried cultural resources might be found during construction, the following language shall be included in any permits issued for the project site, including, but not limited to building permits for future development, subject to the review and approval of the Los Banos Planning Division:
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If archaeological resources or human remains are discovered during construction, work shall be halted at a minimum of 200 feet from the find and the area shall be staked off. The project developer shall notify a qualified professional archaeologist. If the find is determined to be significant, appropriate mitigation measures shall be formulated and implemented.
36. In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall ensure that this language is included in all permits in accordance with CEQA Guidelines section 15064.5( e ):
If human remains are found during construction there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Banos Police Department contacts the coroner of Merced County to determine that no investigation of the cause of death is required. If the coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descendent from the deceased Native American. The most likely descendent may then make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and associated grave goods as provided in Public Resources Code Section 5097.98. The landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance if: a) the Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; b) the descendent identified fails to make a recommendation; or c) the landowner or his authorized representative rejects the recommendation of the descendent, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner.
Pre-Construction and Construction
36. A minimum 200-foot separation shall be maintained between residences and material stockpiles, debris piles or containers and equipment storage during the construction process. If such storage must be located within 200 feet of a residence, a six-foot high opaque fence shall shield the storage area from view when the storage area is inactive for more than eight hours.
This requirement shall be incorporated into the specifications for all construction plans, subject to review and approval by the City of Los Banos Community and Economic Development Director.
37. Two points of all-weather access shall be provided to all areas of the development during all phases of construction to the satisfaction of the Fire Department in areas where residential units are under construction.
38. Temporary construction trailers shall be permitted only in areas immediately adjacent to or within that portion of the subdivision where active subdivision construction is taking place. Placement of said construction trailer is subject to the Community and Economic Development Director approval in accordance with Title 9, Chapter 3, Article 38, Temporary Use Ordinance of the Los Banos Municipal Code.
39. During construction, and for safety purposes, the developer and assigned contractors shall keep the public right-of-way clear of obstructions, and provide for clean up on a daily basis.
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40. Prior to acceptance of public improvements, all entries to the subdivision shall be barricaded to prevent the public from entering the construction site.
41. Undeveloped portions of development sites shall be controlled of weeds and free of debris and litter. The applicant shall provide protection against wind and water soil erosion on undeveloped portions of the project site.
Temporary vegetation on undeveloped portions of the project site shall not be allowed to grow taller than eighteen inches.
42. All contractors and subcontractors performing work relative to this project shall obtain City of Los Banos Business Licenses, prior to start of work on the project. All work performed on the project shall comply with the requirements of the State Business and Professions Code.
43. Construction shall be limited to those times allowed by City Ordinance:
Monday through Friday from 7:00 am to 7:00 pm; Saturday from 8:00 am to 7:00 pm; and Sunday from 9:00 am to 7:00 pm. Properly muffled equipment shall be used.
44. The developer shall incorporate soil erosion control measures into grading and drainage plans that comply with NPDES storm water regulations.
These measures shall be monitored for effectiveness by the City of Los Banos. Such meas-ures may include, but not be limited to, the following:
a. Limit disturbance of soils and vegetation disturbance removal to the minimum area necessary for access and construction;
b. Confine all vehicular traffic associated with construction to the right-ofway of designated access roads; c. Silt fencing installed in accordance with the American Society for Testing and Materials standard D6462.
d. Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds;
e. Ensure that all exposed soil is provided with temporary drainage and soil protection when construction activity is shut down during the winter periods;
f. Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of the proposed erosion control measures;
g. Compliance with National Pollution Discharge Elimination System (NPDES) permits administered by the California Regional Water Quality Control Board; and
h. Development of a plan to employ best management practices that reduce the level of pollutants discharged into natural waterways and wetlands.
45. Where standard corner lot side yards abut a street, a minimum three-foot landscaping area shall be provided between the back of sidewalk and the fence.
46. Restricted access rights shall be irrevocably offered for dedication to the City along the rear edge of private property where properties back onto streets, and shall be shown on final maps.
47. Masonry walls shall be in conformance with Vesting Tentative Map.
Air Quality:
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48. Housing units shall be oriented to maximize passive solar cooling and heating when practicable.
49. Electrical outlets shall be installed around the exterior of residences to encourage use of electrical landscape maintenance equipment.
50. Only low emitting, EPA approved fireplace inserts or natural gas fireplaces shall be installed. No open hearth fireplaces shall be allowed.
51. The developer shall comply with all applicable Indirect Source Rule requirements of the San Joaquin Valley Air Pollution Control District.
Developer shall prepare an air emissions reduction if required.
Access and Circulation:
52. Where applicable, and as determined by the Public Works Director, all street traffic impact fee reimbursements shall be per the Transportation Impact Fee program (TIF).
53. Half-street sections will not be permitted in the construction of VTTM #2025-
03. 54. Full-width improvements for Place Road extension from Canal Farm Lane to San Luis Street, shall be constructed in conformance with the VTTM. Any improvements that extend beyond the fair share of Place Road may be reimbursable as deemed appropriate by the Public Works Director. Fullwidth improvements for this segment of Place Road extension shall be completed and accepted by the City Council concurrent with the completion of Phase 1.
55. All bicycle paths shall be designed in conformance with Caltrans design standards, and shall specifically be designed to reduce intersection conflicts between cyclists and automobiles, using signage, lighting, and/or special street pavement treatments at and near points of intersection.
56. The developer shall be responsible for constructing public streets per the Vesting Tentative Tract Map including, but not limited to curb, gutter and sidewalk, decorative masonry wall, and landscaping where noted. The City recognizes the Project's final mapping and development may be phased.
As Final Maps are filed with the City for the Project, the Developer shall coordinate with the City Engineer and the City Engineer shall determine the scope of improvements required for each phase, or each Final Map.
57. Improvements to arterials and collector streets shall be completed prior to occupancy of any use within each phase as shown on the improvement plans, and improvements to neighborhood streets shall be complete prior to occupancy of any house that requires the street for access.
58. All street signage and striping within the project area shall be approved by the Public Works Department and shall meet all line-of-sight requirements.
59. Prior to acceptance of subdivision improvements, the developer shall install all street and traffic control signs, pavement striping, and street name signs in accordance with the public improvement plans and City and/or Caltrans standards.
60. Final Map(s) shall show a non-access strip 12 inches in width on private property along Miller Lane, San Luis Street, Canal Farm Lane, and Place Road, except at driveways, for the purpose of constructing sound walls and decorative masonry walls.
61. The developer shall be responsible for obtaining encroachment permits from the City of Los Banos prior to performing any work within the City's right-of-way.
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62. Prior to Final Map approval, the developer shall have a Traffic Engineer design traffic calming measures throughout the project area to be approved by the Public Works Director/City Engineer. Traffic calming measures may include, but are not limited to, raised intersections, speed cushions, stop signs, varied cross sections, solar speed limit radars, and roundabouts to be installed by the developer.
63. Developer shall construct a six (6) inch curb at the back of all ADA ramps per Cal Trans Standard Case C Ramp.
64. Driveway widths shall comply with City standards.
Utilities:
Water:
65. The applicant shall construct water, sewer, and storm drainage facilities as noted on the Vesting Tentative Tract Map, in accordance with City standards. The project shall comply with the current City Plans, Standards, and Specifications, all Master Plan requirements, and the applicant shall work with the Public Works Department in regards to needed infrastructure and development during the Improvement Plan review stage.
66. In conformance with the Subdivision Map Act, the developer shall permit installation of underground cable television delivery systems within public utility easements. All dwellings shall be made cable ready.
67. Prior to approval of Improvement Plans or Final Maps, the developer shall obtain any necessary easements for utilities across adjoining properties.
68. All existing overhead utilities shall be placed underground with the exception of high voltage power lines. No new overhead utility lines and equipment shall be shown on Improvement Plans and Grading Plans.
69. Where the invert is six feet or greater below finish grade, a minimum clearance of five feet from lip of gutter to the edge of pipe shall be provided for underground utility lines.
70. All street lighting shall be hooded and/or fitted with prismatic directional lenses to prevent illumination onto adjoining properties and glare into oncoming traffic. Streetlight locations shall be shown on Improvement Plans.
Developer shall install street lights to meet the illumination standards required in the City street light standards.
71. If capacity of public sewer/water facilities required to service this tract are deemed insufficient, the developer may be required to upgrade facilities as necessary.
72. The proposed project shall conform to the requirements of the Los Banos Water Master Plan, including payment of the water connection impact fee.
73. Approved backflow devices shall be installed as required.
74. Domestic water services shall not be placed in driveways.
75. Prior to recordation of a Final Map, certification shall be obtained by the Central California Irrigation District that the property has been detached from CCID, or that remaining CCID lines will be intact or rerouted to the satisfaction of CCID.
Sewer:
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76. The developer shall construct all on-site and off-site sewer facilities necessary to serve the project, subject to reimbursement for over-sizing, as determined by the City.
77. Prior to submission of improvement plans for the first phase of development, a Master Sewer Plan for the development shall be submitted, reviewed, and approved by the City Engineer.
Storm Drainage:
78. Upon issuance of a building permit, reimbursements for the San Luis Storm Line and Basin at Talbot Park Reimbursement shall be payable to the City of Los Banos in the amount of $858.61 per unit.
79. If the public storm drain facilities that are required to service this tract are deemed insufficient the developer may be required to upgrade facilities as necessary.
80. Final Improvement Plans for the storm drainage system shall utilize the TR55 analysis method.
81. All development shall comply with the Phase II storm water regulations.
82. Final Improvement Plans for the storm drainage system shall be submitted to the City and reviewed and approved by the City Engineer prior to issuance of a grading permit.
83. The Developer shall generate a Storm Water Pollution Prevention Plan (SWPPP) for pre and post construction best management practices (BMPs). A Notice of Intent (NOi) shall be submitted and approved prior to construction by the State Department of Water Resources.
Public Safety:
84. Fire department requirements for the placement of fire hydrants shall be complete prior to approval of development permits.
85. Fire hydrants shall be installed at locations approved during the Improvement Plan stage and shall be installed based upon City standards.
86. Fire hydrant location/spacing and proposed emergency vehicle access/circulation will be subject to review by the City of Los Banos Fire Department.
87. The developer, as specified by City development standards, shall install "Blue Dot" fire hydrant locators.
88. Each residence shall have a 6-inch lighted address numbers of contrasting color installed on the front elevations or alternative size as agreed to by developer and Fire Chief.
89. The developer shall comply with the City Fire Codes and regulations subject to Fire Department approval in regards to building requirements, fire hydrant placement, and sprinkler requirements.
90. Fire hydrants ( or other methods approved by the Fire Chief) shall be in place and functioning prior to approval of the first residential building permit. Fire hydrants (or other methods approved by the Fire Chief) shall be operational to the satisfaction of the Fire Chief prior to combustible material being located on the site.
91. Street names shall be approved by the Fire Department. 13 60
92. Curb cuts along separated sidewalk, driveways, parking lots, water lines, fire hydrants, and underground utilities shall be completed prior to issuance of building permits.
93. Upon completion and approval of the project plans, developer shall submit an electronic file to the Fire Department providing information on street layout, hydrant locations, water mains, storm drain inlets (i.e. Fire Department pre-planning).
Landscaping:
Parks:
94. All residential lots shall have fully landscaped front yards prior to occupancy of each dwelling. Front yard landscape plans shall be submitted with the development Master Plans prior to building permit issuance and shall be approved by the City Engineer and Community and Economic Development Director.
95. Draught tolerant planting may replace front yard turf as approved by the Community and Economic Development Department and Public Works Department.
96. The developer shall comply with the adopted street tree ordinance.
97. Masonry walls shall be landscaped to discourage graffiti.
98. The applicant shall submit landscape and irrigation plans with each phase of the improvement plans for City review and approval of streetscape landscaping.
99. Landscape plans for single-family residences shall utilize drought tolerant plantings for no less than 75 percent of front yards. Turf varieties shall be chosen for drought tolerance. Irrigation systems shall be set to minimize water use and spillage onto paved areas.
100. Landscape plans shall be designed in accordance with any adopted revised Water Efficient Landscape Ordinance and revised landscape standards including adoption of amendments to the existing and revised Ordinance and/or standards, such revised standards shall apply to the Project immediately upon adoption by the City Council. However, said revised landscape standards shall not apply to new landscaping for any residential lot where a building permit has been issued prior to the adoption of the revised Ordinance and/or standards.
101. Landscaped pedestrian walkways shall be installed at the ends of Homestead Drive and Dragonfly Drive to provide pedestrian and emergency vehicle access to San Luis Street.
102. A Park Dedication and Parks and Recreation Impact Fee shall be paid with each building permit for the development of new recreational facilities in Los Banos.
103. In accordance with the Los Banos Municipal Code Title 9, Chapter 2, Article 16, the Developer shall dedicate land for park and recreational purposes or pay in-lieu fees, or a combination thereof, as determined by the City, with recordation of the first final map. In-lieu fees shall be paid per residential unit prior to issuance of each building permit. The amount of land dedication and/ or in-lieu fees shall be determined by the Director of Public Works in accordance with the formulas set forth in Sections 9-2.1604 and 9-2.1606 of the Los Banos Municipal Code and based on the most recent population per household data published by the California Department of Finance and the fair market value per buildable acre established by City Council resolution.
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Notice: This approval may contain fees, dedications, reservations or other exactions as defined by the Mitigation Fee Act (Government code sections 66000 et seq.) This notice triggers the 90 day protest period as provided for by the Mitigation Fee Act. 15 62
VESTING TENTATIVE TRACT MAP SAN LUIS ESTATES LOS BANOS, CALIFORNIA APPLICANT: CENTURY COMMUNITIES 7330 N. PALM AVENUE, STE 106 FRESNO, CA 93711 CONTACT: MACHAEL SMITH (559) 256-8678 [email protected] CIVIL ENGINEER: RUGGERI-JENSEN-AZAR 8055 CAMINO ARROYO GILROY, CA 95020 CONTACT: CHRIS PATTON, P.E., RCE #66271 (408) 848-0300, [email protected] OWNER(S): VINCENT ROTONDARO AND AARON ROTONDARO, AS SUCCESSOR CO-TRUSTEES OF THE FRANK ROTONDARO 1993 TRUST DATED AUGUST 3, 1993 & AARON LOUIS ROTONDARO TRUSTTE OF THE AARON LOUIS ROTONDARO LIVING TRUST 24700 ROAD 15 1 2 CHOWCHILLA, CA 93610 (559) 665-7948 [email protected] GEOTECHNICAL ENGINEER: TECHNICON ENGINEERING SERVICES, INC. 4539 N. BRAWLEY AVENUE, STE 108 FRESNO, CA 93722 CONTACT: ADAM AHTYE (559) 276-9311 STORM DRAIN SANITARY SEWER ELECTROLIER 0.5% SLOPE & DIRECTION HANDICAP RAMP INLET MANHOLE WATER SIDEWALK CENTERLINE CURB PAD 125.7 PAD ELEVATION CONTOUR 12 LOT NUMBER DIRECTION OF SURFACE FLOW PROPOSED DESCRIPTION EXISTING LOT LINE 130.7 SPOT ELEVATION PAD ELEVATION PROPERTY LINE PUBLIC UTILITIES EASEMENT RIGHT or RADIUS RIGHT OF WAY SLOPE STORM DRAIN STORM DRAIN MANHOLE SQUARE FEET SANITARY SEWER SANITARY SEWER MANHOLE SIDEWALK TYPICAL WATER PAD PL or ⅊ PUE RR/W SSDSDMH SFSSSSMH SWK TYP W ACBLDG BNDY BCBWCBCL or ℄ EGESMT EXFCFLGBHP INV LPMAX MIN ACRES BUILDING BOUNDARY BACK OF CURB BACK OF WALK CATCH BASIN CENTERLINE EXISTING GRADE EASEMENT EXISTING FACE OF CURB FLOW LINE GRADE BREAK HIGH POINT INVERT LOW POINT MAXIMUM MINIMUM PROJECT INFORMATION 1. PROPERTY LOCATION: EAST OF MILLER LANE & SOUTH OF SAN LUIS STREET LOS BANOS, CA 2. ASSESSOR'S PARCEL NUMBER: 428-122-004 3. EXISTING LAND USE: VACANT 4. GENERAL PLAN LAND USE/ZONING: R-2 (MEDIUM DENSITY RESIDENTIAL) 5. TOTAL EXISTING LOTS: 1 6. THE PROJECT IS LOCATED IN FLOOD ZONE X, WHICH IS DEFINED AS "AREA OF MINIMAL FLOOD HAZARD", PER FEMA FLOOD INSURANCE RATE MAP NO. 06047C0850G, DATED 12/02/2008. 7. THE EXISTING TOPOGRAPHY, AS SHOWN, IS BASED ON AERIAL SURVEY PERFORMED BY TETRA TECH, DATED MARCH 7, 2025 AND SUPPLEMENTED BY FIELD SURVEY DATED APRIL 30, 2025. 8. ALL PUBLIC STREETS SHOWN ARE PROPOSED TO BE DEDICATED TO THE CITY IN FEE 9. BUILDOUT TABULATION PROPOSED PUBLIC STREET R/W: 7.1 AC PROPOSED PRIVATE LOTS: 9.1 AC GROSS AREA: 16.2 AC 10. TOTAL NUMBER OF PROPOSED BUILDABLE LOTS 96 11. DENSITY PROPOSED: (96/9.1) = 10.5 UNITS/AC DENSITY ALLOWED: 7-20 UNITS/AC 12. PARK AREA CALCULATION: (96 UNITS)(3.4 PERSONS/UNIT)= 326.4 PERSONS (326.4 PERSON/1000 PERSONS)(5 AC)= 1.63 ACRES 13. UTILITY SERVICE PROVIDERS WATER- CITY OF LOS BANOS SEWER- CITY OF LOS BANOS STORM DRAIN- CITY OF LOS BANOS ELECTRIC/GAS- PG&E COMMUNICATIONS- AT&T CATV- CABLECOM FIRE- CITY OF LOS BANOS SOLID WASTE/RECYCLING- MID VALLEY DISPOSAL OVERLAND RELEASE EASMENT FIRE HYDRANT PROJECT BOUNDARY BENCHMARK: A 2-INCH BRASS DISK, CVFED CONTROL, DEPARTMENT OF WATER RESOURCES, STAMPED "CLAIRE 2008", LOCATED IN A PARKING LOT AT THE NORTHEAST CORNER OF THE INTERSECTION 6TH STREET WITH HIGHWAY 152, ELEVATION(NAVD88) = 119.75 FEET. 1 TITLE SHEET
2 EXISTING CONDITIONS
3 LOTTING PLAN
4 PRELIMINARY GRADING PLAN
5 PRELIMINARY UTILITY PLAN PROJECT NOTES 1. MULTIPLE FINAL MAPS MAY BE FILES PURSUANT TO THE APPROVAL OF THIS TENTATIVE MAP. 2. THE PROJECT MAY BE PHASED. POTENTIAL PHASING TO BE PROVIDED DURING FINAL DESIGN. 3. LOT NUMBERS ARE FOR PRELIMINARY IDENTIFICATION PURPOSES ONLY AND ARE NOT INTENDED AS FINAL. 4. APPLICANT RESERVES THE RIGHT TO ADJUST LOT SIZES AND PATTERNS DURING FINAL DESIGN. ANY FUTURE MODIFICATIONS TO LOTS SHALL NOT INCREASE THE NUMBER OF BUILDABLE LOTS. 5. ALL PARCEL AREAS ARE APPROXIMATE AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 6. ALL GRADING WILL BE DONE IN CONFORMANCE WITH THE RECOMMENDATIONS AND CONDITIONS OF THE GETOECHNICAL INVESTIGATION REPORT BY TECHNICON ENGINEERING SERVICES, DATED MARCH 26, 2024. 7. EARTHWORK IS PRELIMINARY AND SUBJECT TO CHANGE DURING FINAL DESIGN. 8. PROPOSED GRADES AS SHOWN ARE PRELIMINARY AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 9. THE UTILITY PIPE SIZES AND CONNECTIONS SHOWN ON THIS MAP ARE PRELIMINARY AND ARE SUBJECT TO CHANGE. 10. ALL WORK TO BE DONE IN COMPLIANCE WITH LOCAL AND STATE CODES AND STANDARDS. ALL PUBLIC IMPROVEMENTS TO BE DESIGNED AND CONSTRUCTED PER CITY OF LOS BANOS DESIGN STANDARDS AND SPECIFICATIONS.
DRAGONFLY DRIVE
PLACE ROAD HACIENDA PLACE SAN LUIS STREET
MILLER LANE
HOMESTEAD DRIVE ORCHARD PLACE FARMHOUSE PLACE SPRINGTIME PLACE CANAL FARM LANE
NICKEL STREET
Exhibit C
63 x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x xx x x x x x x x x x x x xx x x x CANAL FARM LANE
PLACE ROAD
MILLER LANE SAN LUIS STREET CANAL FARM LANE EX 48" SD EX 48" SD 27" SS EX 12" SS EX 12" SS EX 27" SS
EX 48" SD
EX 18" SD EX 18" SD EX 15" SD
EX 48" SD
EX 27" SS
EX 12" SS
EX 12" SS EX 6" SS
EX 6" SS EX 10' SEWER LINE ESMT EX 20' STORM DRAIN ESMT EX 20'
ROAD
ESMT EX 20' ROAD ESMT EX 11' PUBLIC R/W EX 20' ROAD ESMT EX 11' PUBLIC R/W EX 10' SEWER LINE ESMT EX 20' STORM DRAIN ESMT EX 32' R/W
EX 62' R/W
40'
60' 32' 32'
EX SWK EX EP EX FENCE EX FENCE EX FENCE EX FENCE EX FENCE EX FENCE EX 10" W EX 10" W EX 6" W
EX 6" W
EX 12" W EX STORM DRAIN PIPE OUTSIDE OF SD ESMT
EX 48" SD PARCEL SHOWN HERIN IS THE PROPOSED BOUNDARY AS SHOWN AS THE TENTATIVE PARCEL MAP, PREPARED BY WEST WOOD PROFESSIONAL SERVICES, INC., DATED FEBRUARY 3, 2025. (NOT A PART) EX OVERHEAD LINES x x x x x x CANAL FARM LANE
PLACE ROAD
MILLER LANE SAN LUIS STREET CANAL FARM LANE PARCEL SHOWN HERIN IS THE PROPOSED BOUNDARY AS SHOWN AS THE TENTATIVE PARCEL MAP, PREPARED BY WEST WOOD PROFESSIONAL SERVICES, INC., DATED FEBRUARY 3, 2025. (NOT A PART) 64 LOTTING LEGEND LOT NUMBER SQUARE FEET EXISTING BOUNDARY LOT LINE EX LOT LINE EASEMENT 6' BOUNDARY WALL SAWCUT 24SF LOTTING NOTES 1. LOT NUMBERS ARE FOR IDENTIFICATION ONLY AND ARE NOT INTENDED AS FINAL. 2. LOT DIMENSIONS AND LOT AREAS ARE PRELIMINARY AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 3. FUTURE IMPROVEMENTS "FUT" SHOWN ARE SHOWN FOR INFORMATIONAL PURPOSES ONLY TO REPRESENT HOW FUTURE IMPROVEMENTS COULD WORK. THESE IMPROVEMENTS ARE NOT PROPOSED BY THIS APPLICATION. 4. THE EASTERLY HALF OF PLACE ROAD BETWEEN SAN LUIS STREET AND CANAL FARM LANE SHALL BE CONSTRUCTED CONCURRENTLY WITH THE SUBDIVISION IMPROVEMENTS IF A REIMBURSEMENT AGREEMENT HAS BEEN ENTERED INTO BETWEEN THE CITY AND DEVELOPER PRIOR TO THE START OF CONSTRUCTION OF THE SUBDIVISION IMPROVEMENTS. STREET SECTIONS 101' 45' 40' 101' 101'
40' 101'
40'
40' 40' 101'
40' 101'
40'
40' 40' 101'
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40' 53' 50' 50' 50' 50' 50' 53' 39'
19'
67' 50' 53'
81' 50'
82' 50' 50'
82' 50' 50'
83' 50' 50'
83' 50' 50'
84' 53'
71' 19' 39' 39'
19'
67'
81' 50'
81' 50'
81' 50'
81' 50'
81' 50'
81' 39'
19' 67' 91'
12' 44' 100'
54' 45'
45' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 100' 44' 84'
8'
15' 39' 45'
45'
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45' 50' 50' 50' 53' 50'
81'
81' 50'
81' 50' 39'
19'
67'
81' 50'
81' 50'
81' 50'
81' 50'
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81' 39'
19' 67' 62 4,200± SF 63 4,100± SF 64 4,100± SF 65 4,100± SF 66 4,100± SF 67 4,100± SF 68 4,200± SF 61 4,200± SF 60 4,100± SF 59 4,100± SF 58 4,100± SF 57 4,100± SF 56 4,100± SF 55 4,200± SF 1 4,100± SF 2 4,100± SF 3 4,100± SF
4 4,100± SF
5 4,000± SF
6 4,000± SF
7 4,000± SF
8 4,000± SF
9 4,000± SF 10 4,000± SF 11 4,000± SF 12 4,000± SF 13 4,000± SF 14 4,000± SF 15 4,000± SF 16 4,000± SF 17 4,000± SF 18 4,000± SF 19 4,500± SF 20 4,400± SF 21 4,200± SF 22 4,200± SF 23 4,100± SF 24 4,100± SF 25 4,100± SF 26 4,200±SF 27 5,300± SF 28 4,500± SF 29 4,000± SF 30 4,000± SF 31 4,000± SF 32 4,000± SF 33 4,000± SF 34 4,000± SF 35 4,000± SF 36 4,000± SF 37 4,000± SF 38 4,000± SF 39 4,000± SF 40 4,000± SF 41 4,000± SF 42 4,000± SF 43 4,000± SF 44 4,000± SF 45 4,500± SF 46 4,500± SF 47 4,900± SF 48 4,600± SF 49 4,500± SF 50 4,400± SF 51 4,300± SF 52 4,200± SF 53 4,100± SF 54 4,100± SF 69 4,100± SF 82 4,200± SF 81 4,100± SF 70 4,000± SF 71 4,000± SF 80 4,100± SF 79 4,100± SF 72 4,000± SF 73 4,000± SF 74 4,000± SF 75 4,100± SF 76 4,200± SF 77 4,100± SF 78 4,100± SF 87 4,100± SF 88 4,100± SF 89 4,200± SF 86 4,100± SF 85 4,100± SF 84 4,100± SF 83 4,200± SF 96 4,200± SF 95 4,100± SF 94 4,100± SF 93 4,100± SF 92 4,100± SF 91 4,100± SF 90 4,200± SF 40'
40' 33' 18' 88' 39'
19'
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19' 67' 53'
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67' 19' 39' 50' 53'
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67' 19' 39'
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15' 42' 50'
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40' 50' ORCHARD PLACE (PUBLIC) FARMHOUSE PLACE (PUBLIC) SPRINGTIME PLACE (PUBLIC)
DRAGONFLY DRIVE (PUBLIC)
HOMESTEAD DRIVE (PUBLIC) CANAL FARM LANE (PUBLIC)
PLACE ROAD (PUBLIC)
10'
PUE
10' 36' 10'
10'
PUE
56' R/W 36' 10' 10' PUE 10' 10' 56' R/W PUE
10'
PUE
10' 36' 10'
10'
PUE
56' R/W 10'
PUE
10' 36' 10'
10'
PUE
56' R/W
10'
PUE
10' 36' 10'
10'
PUE
56' R/W 36' 10' 10' PUE 10' 10' 56' R/W PUE 50'
R
=3000' R
=3000'
MILLER LANE (PUBLIC) SAN LUIS STREET (PUBLIC) 15' 80' R/W 44'±
64' R/W
10'±
10'
34' 13' 63' R/W 15'± 40'± 8'± EX 10' SS ESMT TO REMAIN EX 20' SD ESMT TO REMAIN HACIENDA PLACE (PUBLIC) 6' BNDY WALL (TYP) 6' BNDY WALL (TYP) 6' BNDY WALL (TYP) 48' R/W 30' 10' 20' R/W
29'
30' R/W
60'
R/W 15'
65 GRADING LEGEND EXISTING BOUNDARY SAWCUT STREET ELEVATION STREET SLOPE EMERGENCY OVERLAND RELEASE STORM DRAIN CATCH BASIN CENTERLINE EXISTING GROUND GRADEBREAK HIGH POINT LOW POINT TOP OF CURB GRADING NOTES 1. ALL PROPOSED GRADES ON THIS GRADING PLAN ARE PRELIMINARY AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 2. SIDEWALK TRENCH DRAIN AND CONCRETE C CHANNEL TO CONVEY EMERGENCY OVERLAND RELEASE FLOWS TO SAN LUIS STREET. 3. FINAL DESIGN TO BE REVIEWED AND APPROVED BY CITY ENGINEER. CL 109.0 0.30% CL GBLPHP TCEG x x x x x xx x x x x x x x x x x x x x x x x x x x x xx x x x x x x x x x x x x x x x x
0.50% LP 108.9 FL 108.4 GB 109.2 HP 109.4
0.35% 0.25% LP 109.0 HP 109.6 LP 109.4GB 109.3 GB 109.3 GB 109.9 GB 110.1
0.25% 0.35% 0.25% 0.35% 0.25% 0.35% 0.25% GB 109.9 0.50%
0.25%
0.25% CL 110.5 CL 109.8 CL 109.4 CL 109.1 CL 109.0 HP 109.2 LP 108.7 GB 108.9 GB 108.6 0.35% 0.30% 0.30%
0.50% LP 109.1 HP 109.7 CL 109.3GB 108.4 LP 109.3 CL 109.5 CL 109.4 CL 110.2 GB 110.6 0.32%
0.35% 0.35% 0.30% 0.35% 0.30% GB 109.4 GB 109.4
0.30% GB 109.0 GB 109.0 GB 109.7 GB 109.0 GB 108.7 GB 109.3 HP 0.30% 109.4 0.30% HP 0.30% 109.5 0.30% HP 0.30% 110.1 0.30% HP 111.0 95 PAD 110.3 96 PAD 110.2 94 PAD 110.4 93 PAD 110.4 92 PAD 110.4 91 PAD 110.3 90 PAD 110.1 85 PAD 110.7 84 PAD 110.7 86 PAD 110.6 87 PAD 110.5 88 PAD 110.3 89 PAD 110.2 83 PAD 110.6 81 PAD 110.7 82 PAD 110.6 80 PAD 110.7 79 PAD 110.6 78 PAD 110.5 77 PAD 110.3 76 PAD 110.2 71 PAD 110.8 70 PAD 110.6 72 PAD 110.8 73 PAD 110.8 74 PAD 110.6 75 PAD 110.5 69 PAD 110.5 67 PAD 110.6 68 PAD 110.5 66 PAD 110.8 65 PAD 110.8 64 PAD 110.8 63 PAD 110.6 62 PAD 110.5 57 PAD 111.4 56 PAD 111.4 58 PAD 111.3 59 PAD 111.1 60 PAD 111.0 61 PAD 110.8 55 PAD 111.2 53 PAD 111.4 54 52 PAD 111.4 51 PAD 111.3 50 PAD 111.1 49 PAD 111.0 48 PAD 110.8 PAD 111.2 22 PAD 110.4 21 PAD 110.3 24 PAD 110.4 25 PAD 110.3 26 PAD 110.1 20 PAD 110.2 31 PAD 110.7 30 PAD 110.6 32 PAD 110.7 33 PAD 110.6 34 PAD 110.5 35 PAD 110.4 36 PAD 110.4 37 PAD 110.5 38 PAD 110.6 39 PAD 110.7 40 PAD 110.9 41 PAD 110.9 42 PAD 110.8 43 PAD 110.9 44 PAD 111.0 29 PAD 110.5 28 PAD 110.3 45 PAD 111.2 46 PAD 111.3 47 PAD 111.4 27 PAD 110.5 16 PAD 110.7 15 PAD 110.5 17 PAD 110.8 18 PAD 111.0 14 PAD 110.5 13 PAD 110.6 12 PAD 110.8 11 PAD 110.9 10 PAD 110.9 9 PAD 110.9 8 PAD 110.8 7 PAD 110.7 6 PAD 110.8 5 PAD 110.9 4 PAD 111.1 3 PAD 111.2 2 PAD 111.4 1 PAD 111.5 19 PAD 111.2 23 PAD 110.4 ORCHARD PLACE FARMHOUSE PLACE SPRINGTIME PLACE HACIENDA PLACE
DRAGONFLY DRIVE
HOMESTEAD DRIVE CANAL FARM LANE
PLACE ROAD
MILLER LANE SAN LUIS STREET SEE NOTE 2 LP 110.2 0.30% 0.30% HP 110.6 EG 108.6± FL 108.8 109.0 TC 110.4 110.5 EG 110.73± EG 109.4± EG 109.7± EG 108.9± EG 109.5± EG 109.2± EG 109.2± EG 109.8± EG 109.5± EG 109.8± EG 109.8± EG 110.0± EG 110.0± EG 110.1± BW 110.1± BW 110.4± BW 110.6± BW 111.0± BW 110.7± BW 110.6± BW 110.8± EG 110.6± BW 110.7± LP 108.2 GB 109.9 0.46% HP 109.1
66 UTILITY LEGEND EXISTING BOUNDARY STORM DRAIN PIPE EX STORM DRAIN PIPE SEWER PIPE EX SEWER PIPE WATER PIPE EX WATER PIPE EX OVERHEAD LINE MANHOLE EX MANHOLE CATCH BASIN EX CATCH BASIN FIRE HYDRANT EX FIRE HYDRANT ELECTROLIER INVERT MANHOLE STORM DRAIN SANITARY SEWER WATER or WEST UTILITY NOTES 1. ALL PIPE SIZES, LOPES, AND ELEVATIONS SHOWN ON THIS UTILITY PLAN ARE PRELIMINARY AND SUBJECT TO REFINEMENT DURING FINAL DESIGN. 2. ALL WATER, SANITARY SEWER, AND STORM DRAIN MAINS SHOWN ARE PROPOSED IN PUBLIC STREETS AND SHALL BE OWNED AND MAINTAINED BY THE CITY OF LOS BANOS. 3. EX SANITARY SEWER PIPE TO BE REMOVED AND REPLACED AT PROPOSED ELEVATIONS TO FACILITATE CONSTRUCTION OF ONSITE SANITARY SEWER SYSTEM WITH ADEQUATE COVERAGE AND CLEAR VERTICAL SEPARATION FROM WATER MAINS. 4. LOCATION OF STORM DRAIN PIPE IS APPROXIMATE BASED ON FIELD SURVEY INFORMATION AND MANHOLES ACCESSIBLE FROM THE SURFACE. ACTUAL LOCATION TO BE DETERMINED AT THE TIME OF CONSTRUCTION. 5. PROPOSED CROSSINGS OF SANITARY SEWER AND STORM DRAIN MAINS PLACE THE SANITARY SEWER PIPE ABOVE THE STORM DRAIN PIPE WITH A MINIMUM OF 1' VERTICAL CLEARANCE BETWEEN THE PIPES' OUTER WALLS. 6. FINAL DESIGN TO BE REVIEWED AND APPROVED BY THE CITY ENGINEER. INV MHSDSSW EX SDMH RIM 110.8± EX INV 18" IN (S) 104.0± EX INV 48" IN (E) 94.8± EX INV 48" OUT (N) 94.8± EX SSMH RIM 110.8± EX INV 12" IN (S) 103.2 EX INV 12" THRU (E,W) 103.2 EX SSMH RIM 109.6± EX INV 12" THRU (E,W) 102.0± EX SSMH RIM 108.7± EX INV 12" IN (E) 100.5± EX SDMH RIM 108.8± EX INV 27" THRU (N,S) 99.4± EX INV 48" THRU (S,W) 95.1± EX SDMH RIM 110.0± EX INV 48" THRU (E,W) 94.9± EX SDMH RIM 110.3± EX INV 48" THRU (N,S) 96.2± EX SDMH RIM 110.0± EX INV 48" THRU (N,S) 95.8± EX SSMH RIM 110.6± EX SSMH RIM 111.0± EX SDMH RIM 111.0± EX SSMH RIM 111.3± EX SSMH RIM/BOX 111.4± EX SDMH RIM 110.6± EX SSMH RIM 111.0± EX SDMH RIM 110.6± EX SDMH RIM 109.8± SDMH RIM 109.4± INV 15" IN 96.9 EX INV 48" THRU (E,W) 95.0± SSMH RIM 109.1± INV 10" IN 100.7 INV 12" OUT 100.6 EX INV 12" IN (W) 101.2± INV 15" IN 98.9 SDMH RIM 110.2± INV 15" OUT 103.1 48" SD 48" SD 27" SS 12" SS 12" SS 27" SS
48" SD
18" SD 18" SD 15" SD
48" SD
27" SS
12" SS
12" SS 6" SS
6" SS EX 10" W EX 10" W
EX 6" W
EX 6" W
EX 12" W
48" SD 96 95 94 93 92 91 90 84 85 86 87 88 89 8382 81 80 79 78 77 76 70 71 72 73 74 75 6968 67 66 65 64 63 62 56 57 58 59 60 61 5554 53 52 51 50 49 48 21 22 24 25 26 20 3130323334353637383940414243442928 45464727 16151718 141312111098765432119 23 ORCHARD PLACE FARMHOUSE PLACE SPRINGTIME PLACE HACIENDA PLACE
DRAGONFLY DRIVE
HOMESTEAD DRIVE CANAL FARM LANE
PLACE ROAD
MILLER LANE SAN LUIS STREET INV 12" IN (W) 99.9 SSMH RIM 108.8± INV 10" IN 101.1 INV 10" THRU 101.0 SSMH RIM 108.9± INV 8" IN 101.6 INV 10" THRU 101.5 SSMH RIM 109.2± INV 10" IN 102.2 INV 10" THRU 102.1 SSMH RIM 109.5± INV 8" IN 102.7 INV 10" OUT 102.6 SSMH RIM 109.8± INV 8" OUT 103.9 SSMH RIM 109.6± INV 8" OUT 104.0 SSMH RIM 108.8± INV 10" OUT 103.1 SSMH RIM 108.9± INV 8" OUT 102.9 SSMH RIM 109.6± INV 8" OUT 103.6 SSMH RIM 109.2± INV 8" IN 102.3 INV 10" IN 102.3 INV 10" OUT 102.2 SSMH RIM 109.9± INV 10" OUT 103.9 SSMH RIM 109.1± INV 10" THRU 103.4 SDMH RIM 108.9± INV 15" THRU 97.3 SDMH RIM 109.0± INV 15" IN 97.5 INV 15" OUT 97.4 SDMH RIM 108.9± INV 15" THRU 98.6 SDMH RIM 109.4± INV 15" OUT 99.7 SDMH RIM 109.2± INV 15" OUT 100.5 SDMH RIM 109.0± INV 15" THRU 99.6 SDMH RIM 109.3± INV 15" IN 99.3 INV 15" OUT 99.2 SDMH RIM 108.5± INV 15" THRU 98.9 12" SS 0.0040 (SEE NOTE 3) 10" SS 0.0025 10" SS 0.0025 10" SS 0.0025 10" SS 0.0025 10" SS 0.0025 10" SS 0.0025 8" SS 0.0150 10" SS 0.00258" SS 0.0035 10" SS 0.0025 8" SS 0.0035 8" SS 0.0110
15" SD 0.0040 15" SD 0.0040 15" SD 0.0040 15" SD 0.0040 15" SD 0.0040 15" SD 0.0040 15" SD 0.0030 15" SD 0.0030 15" SD 0.0140 CONNECT TO EX CONNECT TO EX CONNECT TO EX CONNECT TO EX CONNECT TO EX W CONNECT TO EX W CONNECT TO EX W IN CANAL FARM LANE. LOCATION TO BE DETERMINED DURING CONSTRUCTION 8"W 8"W8"W 8"W 8"W 8"W 8"W 8"W
8"W 8"W
8"W 8"W
8"W SDMH RIM 109.4± EX INV 48" THRU (N,S) 95.2± CONNECT TO EX (SEE NOTE 4) EX OVERHEAD LINE 67 THIS PAGE IS INTENTIONALLY LEFT BLANK
68 Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: September 16, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorizing Award of Construction Contract to Cal Valley Construction, Inc. in the amount of $670,402.00 for the De Anza Way/State Route 165 Access Improvements Project and Amend the 2026/27 Fiscal Year Budget
_____________________________________________________________________ Recommendation:
That the City Council adopts the Resolution:
1. Awarding the De Anza Way/State Route 165 Access Improvements project contract to Cal Valley Construction, Inc.; and
2. Authorizing the City Manager to execute the Construction Contract Agreement in the amount of $670,402.00; and
3. Authorizing the Public Works Director to administer the Construction Contract, including a 15% contingency of $100,560.30; and
4. Amending the 26/27 Fiscal Year budget increasing the Measure V Fund (214-430- 210-716) by $398,058.53 to cover the increased cost of the lowest responsible bid, the contingency, and construction support.
Background:
The De Anza Way/State Route 165 Access Improvements Project was developed to address existing traffic circulation, access, and safety needs at the intersection of De Anza Way and State Route 165. The improvements are intended to enhance vehicle movements, provide safer pedestrian access, and improve access to adjacent properties.
The project generally includes roadway improvements, intersection modifications, grading, paving, drainage improvements, traffic control devices, signage, striping, and 69 ITEM 7D
other associated work necessary to improve access between De Anza Way and State Route 165.
Discussion:
The major work consists of reconstructing the 3-way intersection of De Anza Way and State Route 165 within the City of Los Banos. The project improvements include adding a right turn lane, curb, gutter, and sidewalk to northbound State Route 165; grinding and overlaying the existing State Route 165 pavement; pavement delineation and signage additions; constructing curb ramps at the intersection corners; and constructing a splitter island along De Anza Way at the intersection.
Staff enlisted the services of Mark Thomas Company to design the project. The project was released for advertisement on Wednesday, August 5, 2026. The bid opening was held on Wednesday, August 26, 2026. The Public Works Department, through the office of the City Clerk, received seven (7) bids from the following contractors:
Cal Valley Construction, Inc. Fresno, CA $670,402.00
Terra West Construction Clovis, CA $694,122.56
Granite Construction Co Fresno, CA $720,702.00
Tom Mayo Construction, Inc. Stockton, CA $790,980.00
Avison Construction, Inc. Madera, CA $803,770.00
Machado & Sons Construction, Inc. Turlock, CA $807,039.00 United Pavement Maintenance Hughson, CA $855,702.80
Staff reviewed each of the bid proposals for completeness. Cal Valley Construction, Inc. has provided the lowest responsive and responsible bid for the project. Staff is recommending Cal Valley Construction, Inc., be awarded the contract for the construction of the De Anza Way/State Route 165 Access Improvements. Staff is recommending a contingency of fifteen percent (15%) to address any unforeseen conditions or issues that may arise during construction. The administration of this contract, including the 15% contingency, is to be performed by the Public Works Director.
Environmental Analysis:
The Shaunessy Village subdivision and associated circulation improvements, including the De Anza Way connection to Mercey Springs Road (SR 165), were previously evaluated in the Spadafore-Giannone Area Plan Mitigated Negative Declaration (SCH #2005071027), adopted by the City Council on December 7, 2005, and a subsequent CEQA Addendum for the modified subdivision map and street layout.
The proposed project consists solely of opening the existing De Anza Way connection as a right-in/right-out access point and does not increase development intensity, alter land uses, or authorize new construction beyond what was previously approved and analyzed.
A traffic operations study concluded that the opening access would redistribute traffic within the existing roadway network, allow for better emergency response time, and would 70 maintain or improve operations at nearby intersections without creating significant transportation impacts.
Staff has determined that the previously adopted environmental documents adequately address the proposed action and that no substantial changes, changed circumstances, or new information exist that would require additional environmental review pursuant to CEQA Guidelines Sections 15162 and 15164. Therefore, no further environmental review is required.
Fiscal Impact:
Funds for this project have been programmed in Traffic Impact Fund account 230-430- 220-716, and Measure V account 214-430-210-716 in the 2026-2027 Fiscal Year budget.
The proposed amendment will increase the amount in the Measure V Fund (214-430- 210-716) by $398,058.53 to cover the increased cost of the lowest responsible bid, the contingency, and construction support.
Reviewed by:
___________________________ ____________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Public Notice
3. Contract Agreement
4. Site Maps
71 THIS PAGE IS INTENTIONALLY LEFT BLANK
72 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS AUTHORIZING AWARD OF
A CONSTRUCTION CONTRACT TO CAL VALLEY
CONSTRUCTION, INC. IN THE AMOUNT OF
$670,402.00 WITH A 15% CONTINGENCY IN THE
AMOUNT $100,560.30, AND AMENDING THE
FISCAL YEAR 2026-27 BUDGET BY $398,058.53
FOR THE DE ANZA WAY/STATE ROUTE 165
ACCESS IMPROVEMENTS PROJECT
WHEREAS, the City of Los Banos Public Works Department received competitive bids on August 26, 2026, for the purpose of constructing the De Anza Way/State Route 165 Access Improvements project in the City of Los Banos; and WHEREAS, the Public Works Department has determined, after receiving competitive bids, that Cal Valley Construction, Inc. provided the lowest responsive and responsible bid in the amount of $670,402.00; and
WHEREAS, the Public Works Department requests the City Council authorize a 15% contingency in the amount of $100,560.30; and
WHEREAS, Staff has determined that the previously adopted environmental documents adequately address the proposed action and that no substantial changes, changed circumstances, or new information exist that would require additional environmental review pursuant to CEQA Guidelines Sections 15162 and 15164.
Therefore, no further environmental review is required; and WHEREAS, the Public Works Department requests the City Council authorize the City Manager to execute the Construction Contract Agreement with Cal Valley Construction, Inc. and authorize the Public Works Director to administer the Construction Contract including the 15% contingency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Accept and award the construction bid of Cal Valley Construction, Inc. in the amount of $670,402.00 with a 15% contingency in the amount of $100,560.30; and
2. Amends the Fiscal Year 2026/2027 budget by increasing the Measure V Fund account 214-430-210-716 by $398,058.53; and
3. Authorizes the City Manager, or designee, to execute the Construction Contract Agreement and any related documents necessary to carry out the intent of this Resolution; and
4. Authorizes the Public Works Director to administer the Construction Contract including the 15% contingency.
73 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
74 75
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76 -Agreement 1/3-
Agreement
THIS Agreement is dated as of the ________day of _______in the year 2026 by and between the City of Los Banos, a California municipal corporation (“Owner”) and Cal Valley Construction, Inc. (“Contractor”).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. WORK. Contractor shall complete the work indicated in Owner’s Contract Documents entitled “De Anza Way/State Route 165 Access Improvements Project.” The work is generally described as follows:
• The major work consists of reconstructing the 3-way intersection of De Anza Way and State Route 165 within the City of Los Banos. The project improvements include adding a right turn lane, curb, gutter, and sidewalk to northbound State Route 165; grinding and overlaying the existing State Route 165 pavement; pavement delineation and signage additions; constructing curb ramps at the intersection corners; and constructing a splitter island along De Anza Way at the intersection.
• Contractor shall furnish all of the material, supplies, tools, equipment, labor and other services necessary for the construction and completion of the work described herein.
2. CONTRACT TIME. Contractor shall commence the work required by the Contract Documents within 10 calendar days after the date of the Notice to Proceed and will complete the same within the time period set forth in the bid, unless the period for completion is extended otherwise by the Contract Documents.
3. LIQUIDATED DAMAGES. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the work is not completed within the time specified in Paragraph 2 herein, plus any extensions thereof allowed in accordance with Paragraph 21, Time for Completion and Liquidated Damages, of the General Provisions. The parties also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Thousand Dollars ($ 5,000.00) for each day that passes after the time specified in Paragraph 2 herein.
4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). The Contractor agrees to perform all of the work described in the Contract Documents for the unit and lump sum prices set forth in the Bid Schedule(s).
5. PAYMENT PROCEDURES. Contractor shall submit applications for payment in accordance with Paragraph 24, Progress Estimates, of the General Provisions. Applications for payment will be processed by Owner as provided in the General Provisions.
6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the work consists of this Agreement and the following attachments to this Agreement:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid
(D) Bid Bond
(E) Agreement
(F) Payment Bond
77 -Agreement 2/3-
(G) Performance Bond
(H) Notice of Award
(I) Notice to Proceed
(J) Change Order
(K) General Provisions
(L) Special Provisions
(M) Technical Specifications prepared by Mark Thomas entitled “De Anza Way/State Route 165 Intersection”, dated May 2026.
(N) Drawings prepared by Mark Thomas numbered 1 through 14. (O) Addenda No. 1, dated August 21, 2026.
There are no Contract Documents other than those listed in this Paragraph 6. The Contract Documents may only be amended by change order as provided in Paragraph 19, Changes in the Work, of the General Provisions.
7. MISCELLANEOUS.
A. Terms used in this Agreement which are defined in Paragraph 1 of the General Provisions will have the meanings indicated in the General Provisions.
B. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.
C. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents.
D. The Laws of the State of California shall govern this Agreement. Venue is Merced County.
The provisions of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.
E. All bids become property of the Owner. All bids, including the accepted bid and any subsequent contract become public records per the requirements of the California Government Code, Sections 6250-6270, “California Public Records Act”. Proprietary material must be clearly marked as such. Pricing and service elements of the successful bid are not considered proprietary information. The Owner will treat all information submitted in a bid as available for public inspection once the Owner has selected a contractor. If you believe that you have a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your bid, you must identify any such information, together with the legal basis of your claim in your bid. In order for the Owner to assess confidentiality of any such information on your behalf, you must request, execute and submit an Owner-prepared written agreement to defend and indemnify the Owner for any liability, costs, and expenses incurred in asserting such confidentiality as part of your bid. The final determination as to whether the Owner will assert your claim of confidentiality on your behalf shall be sole discretion of the Owner.
F. This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.
78 -Agreement 3/3-
G. If any time period provided for in this Agreement ends on the day other than a Business Day, the time period shall be extended to the next Business Day.
IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement to be executed the day and year first above written.
By:
Date Authorized Representative of (City) Owner
Title:
ATTEST:
Lucille L. Mallonee
City Clerk
APPROVED AS TO FORM:
Mary Lerner
City Attorney
By:
Date Authorized Representative of Contractor
Title:
(Seal if Corporation)
Attach Acknowledgement for Authorized Representative of Contractor 79 THIS PAGE IS INTENTIONALLY LEFT BLANK
80 81
THIS PAGE IS INTENTIONALLY LEFT BLANK
82 Agenda Staff Report
TO: Mayor Amabile and Council Members
FROM: William Via Jr., Public Works Director
DATE: September 16, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the City Manager to issue purchase orders for equipment purchase through the cooperative procurement contract with Sourcewell ______________________________________________________________________ Recommendation:
Adopt a resolution approving the purchase of four equipment in conformance with the municipal code Sec. 3-10.290 through cooperative procurement with Sourcewell and authorizing the City Manager to execute the purchase orders.
Background:
During the fiscal year 2026-2027 budget preparation the Public Works Department identified equipment and vehicles needed for staff to effectively and efficiently perform the duties assigned to the department. Acquisitions and replacement items have been identified as necessary for safety, efficiency, productivity, and/or environmental reasons (Air Board CARB Compliance).
Listed below are the equipment that staff is requesting to purchase:
• 27ST0003 – Steel Roller Compactor:
This steel roller compactor acquisition will support various internal street pavement projects. Purchasing this equipment will eliminate the need to rent a roller from outside vendors, increasing equipment availability, and improving operational efficiency. This is funded in the Streets budget account 100-431-210- 753.
• 27WA0007 – Hydro Excavator Truck:
This hydro excavator acquisition will support Public Works maintenance activities by providing increased safety, precision, and operational efficiency. The equipment will improve the ability to perform excavation and utility-related work while minimizing risks and enhancing overall productivity. This is equally funded 83 ITEM 7E
in Water and Wastewater Collections budget accounts 501-461-100-755 & 502- 432-100-755.
• 27WA0008 – Backhoe:
This backhoe assists Staff with digging, handling and loading in their daily tasks and projects. This is equally funded in the Water and Wastewater Collections budget accounts 501-461-100-753 & 502-432-100-753.
• 27WC0003 – Sewer Truck: Replaces a 2014 Sewer Truck that is experiencing increasing repair costs, reliability issues, and performance limitations, helping to ensure dependable service and reduce ongoing maintenance expenses. This is equally funded in the Water and Wastewater Collections budget accounts 501- 461-100-755 & 502-432-100-755.
Discussion:
The City of Los Banos is a member of Sourcewell cooperative procurement agency (membership #60888). Sourcewell (formerly NJPA) is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute with the authority to develop and offer cooperative procurement services to its membership, which includes states, cities, counties, and other government and public agencies. Per the statute [Minn. Stat. § 123A.21 Subd. 4 (2017)], Sourcewell facilitates a competitive bidding and contracting process on behalf of the needs of itself and its members, resulting in Cooperative Purchasing. Sourcewell contracts are awarded by the action of the Sourcewell Board of Directors based on the open and competitive bidding process. As a member of Sourcewell, the City of Los Banos can select vendors, selected by Sourcewell, without further competitive bidding.
City Code Sec. 3-10.290 allows for the use of cooperative procurement: (b) Use of another entity’s contract. The City Manager may authorize the procurement of commodities, equipment and/or services through the use of a contract initiated by another governmental, public agency, provided that the original parties to the contract agree, the contract was awarded within twelve (12) months of the date of authorization, the contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required by this chapter. (§1, Ord. 1068, eff. February 1, 2008.
The City of Los Banos has previously utilized cooperative procurement through Sourcewell to make purchases. This procurement method has demonstrated efficiency and effectiveness in acquiring equipment for the Public Works Department. Cooperative procurement enables the City to obtain competitive pricing while streamlining the purchasing process by eliminating repetitive, resource-intensive, and costly competitive bidding procedures.
Fiscal Impact:
Funding for these capital items have been identified in the Fiscal Year 2026-2027 Public Works Capital plan and approved by Council on June 17, 2026.
The impact to each line is as follows:
• 100-431-210-753: $207,700.00 (100% Steel Roller Compactor) • 501-461-100-753: $89,000.00 (50% Backhoe)
84 o A budget adjustment of $204.67 will be made from 501-461-100-755 to reconcile the difference between the budgeted amount and the actual sale amount. • 502-432-100-753: $89,000.00 (50% Backhoe)
o A budget adjustment of $204.67 will be made from 502-432-100-755 to reconcile the difference between the budgeted amount and the actual sale amount. • 501-461-100-755: $1,000,000 (50% Hydro Excavator Truck, 50% Sewer Truck) • 502-432-100-755: $1,000,000 (50% Hydro Excavator Truck, 50% Sewer Truck) Reviewed by:
________________________ ____________________________
Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
Resolution
Equipment/Vehicle Vendor Quotes
85 THIS PAGE IS INTENTIONALLY LEFT BLANK
86 RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LOS BANOS AUTHORIZING THE
CITY MANAGER TO ISSUE PURCHASE
ORDERS FOR EQUIPMENT AND VEHICLES
THROUGH THE COOPERATIVE
PROCUREMENT CONTRACT WITH
SOURCEWELL
WHEREAS, the City of Los Banos has the responsibility to procure, manage, and maintain the City’s fleet; and
WHEREAS, the City of Los Banos Code Sec. 3-10.290 allows for the use of cooperative procurement; and
WHEREAS, the City Manager may authorize the procurement of commodities, equipment and/or services through the use of a contract initiated by another governmental, public agency, provided that the original parties to the contract agree, the contract was awarded within twelve (12) months of the date of authorization, the contract is for identical or nearly identical goods and/or services, and the contract resulted from a competitive bid using methods similar to those required; and
WHEREAS, the City of Los Banos is a member of Sourcewell (formerly National Joint Powers Alliance) and was assigned member number 60888; and WHEREAS, participation in Sourcewell results in efficient and effective purchasing while streaming the purchasing process by eliminating repetitive, resource-intensive, and costly competitive bidding procedures; and
WHEREAS, funding for equipment and vehicles was approved by Council with the fiscal year 2026-2027 budget on June 17, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby authorize the City Manager to issue purchase orders for the following equipment and vehicles through the cooperative procurement contract with Sourcewell:
CAPITAL # ITEM
BUDGET
AMOUNT
SOURCEWELL
PRICE VENDOR
27ST0003 Steel Roller Compactor $ 172,000.00 $ 170,490.02 Holt of California 27WA0007 Hydro Excavator Truck $ 1,000,000.00 $ 766,290.55 Vac-con, Inc. 27WA0008 Backhoe $ 178,000.00 $ 178,409.34 Holt of California 27WC0003 Sewer Truck $ 1,000,000.00 $ 882,579.11 Vac-con, Inc. 87 The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
_____________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
88 89
90 91
92 93
94 95
96 97
98 99
100
101
102
103
THIS PAGE IS INTENTIONALLY LEFT BLANK
104
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: September 16, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Congestion Mitigation and Air Quality Grant (CMAQ) Program Supplement Agreement associated with administering Federal Funded Transportation Projects for the purchase of an Electric Street Sweeper ______________________________________________________________________ Recommendation:
That the City Council adopt the Resolution approving the Program Supplement Agreement #10-5160F15 and authorize the City Manager to execute the Agreement and any related documents.
Background:
The Congestion Mitigation and Air Quality (CMAQ) Program provides federal funding for transportation projects that help reduce traffic congestion and improve air quality. In June 2026, the Public Works Department applied for CMAQ funding to assist with the purchase of an Electric Street Sweeper. The proposed equipment will support the City’s ongoing street maintenance operations while reducing emissions compared to traditional fuelpowered equipment.
Discussion:
The approximate cost of the Electric Street Sweeper is $759,000.00. Grant funding was approved in the amount of $499,000.00 for the purchase of the Electric Street Sweeper.
The CMAQ local funding match is $260,000.00, which will be funded by the City of Los Banos Solid Waste Fund 510-490-210-755 (Specialized Vehicles). CMAQ will reimburse the City up to $499,000.00 for this purchase.
The current request is to authorize signing of Program Supplement Agreement #10- 5160F15 and any subsequent documents related to this project. This project is identified as CMAQ Project # CML-5160(032) by Caltrans.
105
ITEM 7F
The Public Works Department will procure the Electric Street Sweeper, through the City’s standard vehicle and equipment bid process.
To proceed and expend the funding for this grant, Caltrans requires that the City, through Resolution, approve the project Program Supplement Document and authorize a staff member to sign the project documents.
The purchase of the equipment must be completed, and funds expended prior to July 30, 2030.
Fiscal Impact:
The purchase of this project is not currently budgeted in the 2026/2027 Fiscal Year Budget. Staff will include this purchase in the next fiscal year’s (FY2027/2028) budget.
The City will initially fund the full estimated project amount of approximately $759,000.00 and submit invoices to Caltrans for reimbursement of up to $499,000.00. The local match of $260,000.00 is anticipated to be funded through the City of Los Banos Solid Waste Fund 510-490-210-755 (Specialized Vehicles).
Reviewed by:
_________________________ ______________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Program Supplement Agreement
3. Project Authorization/Adjustment Request
106
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING THE
PROGRAM SUPPLEMENT AGREEMENT NO. 10-
5160F15 AND RELATED DOCUMENTS FOR THE
CMAQ GRANT CML-5160(032) FOR THE
PURCHASE OF AN ELECTRIC STREET
SWEEPER AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT AND
RELATED DOCUMENTS
WHEREAS, the City of Los Banos is eligible to receive Federal and/or State funding for certain transportation projects through the California Department of Transportation; and
WHEREAS, Program Supplement Agreements and other project-related documents must be executed with the California Department of Transportation before such funds may be claimed; and
WHEREAS, the City must execute the applicable Congestion Mitigation and Air Quality (CMAQ) Program Supplement Agreement to receive grant funds for the purchase of an electric street sweeper; and
WHEREAS, the City of Los Banos wishes to delegate authorization to execute this agreement and any amendments thereto, that the City Manager be authorized to execute the Program Supplement Agreements and other project related documents regarding CMAQ Grant CML-5160(032) thereto with the California Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby approve the Program Supplement Agreement No. 10-5160F15 and other project related documents regarding CMAQ Grant CML-5160(032) thereto with the California Department of Transportation and authorizes the City Manager, or designee to execute the agreement and any related documents to carry out the intent of this Resolution.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
107
APPROVED:
___________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
108
F021
FOR FEDERAL-AID PROJECTS NO 10-5160F15
1027000014
August 24, 2026
10-MER-0-LBNS
CML-5160(032)
5160
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 07/26/2018 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached).
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages.
City of Los Banos
Equipment Purchase 0.0(MILES)
Estimated Cost Federal Funds Matching Funds
Y400 $499,000.00
CITY OF LOS BANOS
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$759,000.00 $260,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$499,000.00
Program Supplement 10-5160F15-F021- ISTEA 1Page of 6
8/27/2026
109
SPECIAL COVENANTS OR REMARKS
10-MER-0-LBNS
CML-5160(032)
1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual.
B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s).
C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration.
D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract.
Failure to do so will cause a delay in the State processing invoices for the construction phase.
Attention is directed to Section 15.6 "Award Package" of the Local Assistance Procedures Manual.
E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Program Supplement 10-5160F15-F021- ISTEA 2Page of 6
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SPECIAL COVENANTS OR REMARKS
10-MER-0-LBNS
CML-5160(032)
nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov.
2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT.
B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES.
C. ADMINISTERING AGENCY must have at least one copy of supporting backup Program Supplement 10-5160F15-F021- ISTEA 3Page of 6
111
SPECIAL COVENANTS OR REMARKS
10-MER-0-LBNS
CML-5160(032)
documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE.
E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice.
G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards.
H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations.
J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE.
Program Supplement 10-5160F15-F021- ISTEA 4Page of 6
112
SPECIAL COVENANTS OR REMARKS
10-MER-0-LBNS
CML-5160(032)
K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph:
ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested.
All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA.
L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE.
M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance.
N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200.
O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds.
P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement.
Program Supplement 10-5160F15-F021- ISTEA 5Page of 6
113
SPECIAL COVENANTS OR REMARKS
10-MER-0-LBNS
CML-5160(032)
3. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:
Pertinent Nondiscrimination Authorities:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
K. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Program Supplement 10-5160F15-F021- ISTEA 6Page of 6
114
AUTHORIZATION / AGREEMENT SUMMARY - (E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATIONDLA LOCATOR: 10-MER-0-LBNS PROJECT LOCATION:PREFIX: CML IN THE CITY OF LOS BANOSPROJECT NO: 5160(032) TYPE OF WORK:SEQ NO: 1 PURCHASE OF 1 ELECTRIC STREET SWEEPER FOR USE IN THE CITY OF PREV AUTH / AGREE DATES:
STATE PROJ NO: 1027000014L-N FED RR NO'S: PE:AGENCY: LOS BANOS PUC CODES: R/W:
ROUTE:
PROJ OVERSIGHT:ASSUMED/LOCAL ADMIN CON:
DISASTER NO:
ENV STATUS / EIS 08/03/2026 SPR:
TIP DATA
RW STATUS / DT: MCS:
MPO: MCAG
INV RTE: OTH:
FSTIP YR: 25/26
BEG MP:
STIP REF: 205-0000-0362
END MP:
FSTIP ID LB-ESS
BRIDGE NO:
PROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URB/RURAL DEMO ID Y400 30 63
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PE
PE PREV. OBLIGATION $0.00 $0.00 $0.00PE THIS $0.00 $0.00 $0.00PE SUBTOTAL $0.00 $0.00 $0.00 R/W
RW PREV. OBLIGATION $0.00 $0.00 $0.00RW THIS REQUEST $0.00 $0.00 $0.00RW SUBTOTAL $0.00 $0.00 $0.00 CON
CON PREV. OBLIGATION $0.00 $0.00 $0.00CON THIS REQUEST $759,000.00 $499,000.00 $0.00CON SUBTOTAL $759,000.00 $499,000.00 $0.00 OTH
OTH PREV. OBLIGATION $0.00 $0.00 $0.00OTH THIS REQUEST $0.00 $0.00 $0.00OTH SUBTOTAL $0.00 $0.00 $0.00 TOTAL: $759,000.00 $499,000.00 $0.00
PROJECT END DATE (PED): 07/30/2030
ALT. PROJ NO:
STATE REMARKS
07/31/2026 SEQ1: RFA CON-NI. NEPA-NI is not attached and expected by 8/10/26. The rest of the package should be complete.08/06/2026 This request is for CON (Non-infrastructure, vehicle purchase).
FEDERAL REMARKSAUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:OTH PREPARED IN FADS BY: NORIEGA, JASMINE ON 2026-07-31 948-3755 FOR: RFA CON/NI REVIEWED IN FADS BY: KE, RICHARD ON 2026-08-06 653-9210 DOCUMENT TYPE: AAGR SUBMITTED IN FADS BY: KE, RICHARD ON 2026-08-06 FOR CALTRANS PROCESSED IN FADS BY: SIGNATURE, NOT_REQUIRED ON 2026-08-06 FOR FHWA E-76 AUTHORIZED DATE IN FMIS JIYOUNG AHN ON 2026-08-13 14:21:33.0 115
SIGNATURE HISTORY FOR PROJECT NUMBER 5160(032) AS OF 08/17/2026
FHWA FMIS SIGNATURE HISTORY
MOD # SIGNED BY SIGNED ON
0 WAII HAYS 08/12/2026
WAII HAYS 08/12/2026JIYOUNG AHN 08/13/2026
FHWA FMIS 3.0 SIGNATURE HISTORYCALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AUTH/AGREE KE, RICHARD 08/06/2026
116
Agenda Staff Report
TO: Mayor Amabile & City Council Members
FROM: William Via, Jr., Public Works Director
DATE: September 16, 2026
TYPE OF REPORT: Consent Agenda
SUBJECT: Authorize the City Manager to enter into an agreement with EC America, Inc., a subsidiary of ImmixGroup, for the renewal of Procore Project Management Software for three years
________________________________________________________________________ Recommendation:
That the City Council adopt a resolution approving and authorizing the City Manager to execute a three-year agreement between EC America, Inc., a subsidiary of ImmixGroup, and the City of Los Banos for the renewal of Procore Project Management Software in the amount of $24,104.74 each year, for a total of approximately $72,314.22 Background:
The Public Works Department has evaluated ways to improve how capital improvement and infrastructure projects are managed, particularly in project tracking, documentation, communication, and accountability. Currently, project information is managed across multiple systems, spreadsheets, emails, and paper-based processes, creating inefficiencies, delays, and inconsistent record-keeping.
After reviewing several construction management platforms, staff identified Procore as a comprehensive solution that best meets the City’s needs. Procore is a cloud-based platform that centralizes project information, streamlines workflows, improves collaboration between office and field teams, enhances budget and schedule oversight, and provides better documentation and transparency for reporting and audits.
Implementation will advance the City’s goals of increasing efficiency, reducing project risks, and improving delivery of public infrastructure projects.
The benefits of this software include:
117
ITEM 7G
1. Centralized Project Oversight
o Manages all capital improvement and public works projects in one system. o Tracks progress across multiple projects (roads, utilities, buildings, etc.). o Improves visibility for both internal departments and external stakeholders.
2. Enhanced Collaboration with Contractors & Consultants o Connects City staff, consultants, contractors, and inspectors in real time. o Ensures everyone has the latest documents and updates, reducing miscommunication.
o Reduces reliance on emails, calls, or in-person meetings.
3. Improved Contract & Document Management
o Centralizes RFIs (Request for Information), submittals, change orders, and meeting minutes.
o Maintains a complete audit trail for accountability and FOIA compliance.
4. Financial Oversight & Budget Tracking
o Tracks project costs in real time against budgets.
o Forecasts and manages change orders to prevent overruns. o Integrates with municipal accounting systems.
5. Field Inspections & Daily Logs
o Allows inspectors to log notes, photos, and observations directly from the field.
o Speeds up responses to jobsite issues and ensures accurate records.
6. Transparency & Reporting
o Provides customizable dashboards and reporting tools. o Keeps City leadership, Council, and the public informed on timelines and budgets.
o Strengthens public reporting and audit readiness.
7. Regulatory & Compliance Management
o Maintains organized records for audits, inquiries, and legal protections. o Ensures documentation is properly archived for long-term asset management.
8. Standardized Processes Across Projects
o Promotes consistent workflows across engineering, public works, and procurement.
o Reduces onboarding time with repeatable templates and forms.
9. Integration with Other City Systems
o Compatible with ESRI GIS, asset management systems, and ERP/accounting tools.
o Reduces manual entry and duplication of data.
10.Public Trust & Accountability
o Demonstrates responsible stewardship of taxpayer funds. o Supports smoother audits, grant compliance, and capital improvement planning.
118
Discussion:
Staff recommends continuing the City’s use of Procore Project Management Software to strengthen the planning, delivery, and oversight of capital improvement and infrastructure projects. Procore centralizes project documentation, provides real-time tracking, and improves communication among City staff, consultants, contractors, and field personnel.
The platform’s budgeting, scheduling, reporting, mobile access, and automated workflow tools will help reduce errors, minimize delays, improve accountability, and allow field staff to upload inspections, photos, and updates directly from the jobsite.
Automated routing for RFIs and change orders, standardized templates, customizable dashboards, and integration with City systems will further improve efficiency, consistency, and transparency while reducing duplication of effort.
Staff reviewed other project management platforms, including Microsoft Project and Trello; however, Procore is designed specifically for construction and public works project delivery. Its tools include inspection logs, prevailing wage tracking, DocuSign integration, and unlimited user access.
Procore is used by several public agencies, including the counties of Santa Clara, San Mateo, and San Joaquin, as well as Cal Fire, the City of Roseville, and the City of Lathrop.
The agreement provides enough user access for Public Works staff to fully utilize the system and extends access to Planning staff, improving interdepartmental coordination on critical projects. The agreement also includes onboarding and training provided by Procore staff.
Procurement was completed through EC America, Inc. under the California Multiple Award Schedules (CMAS) program, a procurement program managed by the California Department of General Services. This process provides a compliant and streamlined purchasing method consistent with state procurement requirements. The agreement has also been reviewed by the City Attorney.
On September 3, 2025, City Council approved a one-year contract for Procore to allow staff to implement the software and evaluate its effectiveness. Since then, staff has found Procore to be a valuable tool for project coordination, document control, communication, and accountability.
Approval of a three-year renewal will allow the City to continue using the platform without interruption, maintain consistent project management practices, and support long-term planning for current and future capital improvement projects. For these reasons, staff recommends approval of the three-year renewal agreement. 119
Fiscal Impact:
The annual cost of use per year is $24,104.74, with an approximate cost of $72,314.22 for the next three years. Funds for this year’s renewal have been programmed in FY 26-27 in the following accounts:
• 100-426-100-274: (30%)
• 501-461-100-274: (30%)
• 502-432-100-274: (20%)
• 502-433-100-274: (10%)
• 510-490-100-274: (10%)
Reviewed by:
________________________________ ____________________________________ Soknirorn Than, City Manager Minerva Moreno, Finance Director Attachments:
1. Resolution
2. Quote
120
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LOS BANOS APPROVING AN
AGREEMENT WITH EC AMERICA, INC., A
SUBSIDIARY OF IMMIXGROUP, FOR THE THREEYEAR RENEWAL PURCHASE OF PROCORE
PROJECT MANAGEMENT SOFTWARE AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT
WHEREAS, the City of Los Banos Public Works Department seeks to improve the efficiency, transparency, and management of its construction and infrastructure projects; and WHEREAS, Procore is a construction management software platform that provides comprehensive tools for project management, budgeting, scheduling, documentation, and collaboration; and
WHEREAS, after review and evaluation, City staff have determined that renewing Procore will significantly benefit the delivery, oversight, and management of Capital Improvement Projects citywide; and
WHEREAS, the City Attorney has reviewed the proposed three-year renewal purchase agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos hereby:
1. Approves an agreement with EC America, Inc., a subsidiary of ImmixGroup, for the three-year renewal purchase of Procore Project Management Software; and
2. Authorizes the City Manager, or designee, to execute the Agreement and any related documents necessary to carry out the intent of this Resolution.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September 2026, by Council Member ______ who moved its adoption, which motion was duly seconded by Council Member ______ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
___________________________
Lucille L. Mallonee, City Clerk
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THIS PAGE IS INTENTIONALLY LEFT BLANK
122
Sales Quotation
Item Part Number Contract Trans
Type Product Description Qty Price Extended Price
1 PRO-1480-04 3-18-70-1448C SUB Procore - Quality & Safety + Annual construction volume of $10M-$15M** TRUSTED PRODUCT **
1 $6,065.3100 $6,065.31
Period of Performance: 9/22/2026 to 9/21/2027.
2 PRO-1410-04 3-18-70-1448C SUB Procore - Project Management Pro + Annual construction volume of $10M-$15M** TRUSTED
PRODUCT **
1 $18,039.4300 $18,039.43
Period of Performance: 9/22/2026 to 9/21/2027.
SUBSCRIPTION $24,104.74
Grand Total $24,104.74
Jelene Demelo
City of Los Banos
, PH: 209-827-7056
[email protected]
Contract No.: 3-18-70-1448C
CAGE Code: 1QTH6
DUNS No.: 01-757-3259
TAX ID#: 52-2085893
Terms: NET 30
FOB: Destination
Quote Number: QUO-1591882-Y2S7W0
Quote Date: 8/31/2026
Expiration Date: 9/21/2026
Order Address:
EC America
8444 Westpark Drive, Suite 200
McLean, VA 22102
PH: 703-752-0610 FX: 703-752-0611
Subject to the Terms and Conditions of Contract Number 3-18-70-1448C.
Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided.
All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number, Our Quote Number, Part Numbers, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative.
The identified line items are Trusted Products under the immixGroup Trusted Supplier Program. immixGroup Trusted Supplier Program Policies, Commitments and Guarantees/Warranties can be obtained at:
http://www.immixgroup.com/uploadedFiles/Trusted-Supplier-Program_Guarantee-and-Warranty.pdf EC America Contact: Strane, Logan
+1 770-615-2468 [email protected]
Manufacturer Quote #: Q-256043 Manufacturer Contact: Rosentel, Donald Manufacturer Ref #: - [email protected]
All Pricing information is confidential Page 1 of 1 Quote # QUO-1591882-Y2S7W0 123
Manufacturer Commercial Terms and Conditions Addendum
1. Manufacturer Commercial Terms and Conditions.
Procore’s current Subscription and Services Agreement is available at the following link:
https://www.procore.com/legal/subscription-agreements/public-sector. The Data Processing Addendum referenced therein is located at: https://www.procore.com/legal/dpa. Notwithstanding the foregoing, the Procore Subscription and Services Agreement approved under EC America’s GSA MAS IT contract number GS-35F-0511T shall not be replaced by Procore’s current Subscription and Services Agreement and Data Processing Addendum.
If any Order includes Procore for Government product(s), the Procore for Government Addendum available at the following link: https://www.procore.com/legal/procore-for-govt applies and supplements and amends any Procore Subscription and Services Agreement and Data Processing Addendum as applicable. 124
EC America, Inc. Page 4 reformatted 6.20.23
PROCORE SUBSCRIPTION AND SERVICES AGREEMENT
This Subscription and Services Agreement, including any Orders and SOWs, (“Agreement”) is entered into as of the date of the last signature below (the “Effective Date”) between the applicable Procore contracting entity set forth in Section 11.5 (“Procore”) and [CUSTOMER FULL NAME], with offices at [ADDRESS] (“Customer”). Procore and Customer may also be referred to herein individually as “Party” or together as the “Parties.” Capitalized terms used but not otherwise defined herein have the respective meanings designated in Section 12. The Parties hereby agree as follows:
1. PROVISION OF SERVICES
1.1. Access to Subscription Services. Subject to Customer’s compliance with this Agreement and timely payment of applicable Fees, during the Subscription Term, Procore shall make the Subscription Services available to Customer for Customer’s internal business use in accordance with the Usage Metrics purchased by Customer. Customer agrees that its purchase and use of the Subscription Services are not contingent on any future functionality or features, or dependent on any oral or written statements made by Procore or any of its Affiliates regarding future functionality or features.
1.2. Evolving Procore Technology. Subject to Section 7.2(b), Procore may issue Updates for the Services during the Subscription Term.
1.3. Protection of Customer Data. Procore shall maintain administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Data. Where Customer’s use of the Services includes the processing of “personal data” subject to applicable data protection laws, such use will be governed by the data processing addendum located at procore.com/legal/dpa (“DPA”) that is incorporated into this Agreement either by reference or, at Customer’s option, when countersigned by Customer and provided to Procore at [email protected]. Customer shall only provide to Procore the minimum amount of personal data necessary to enable Customer to use the Services in accordance with this Agreement.
1.4. Beta Services. From time to time, Procore may invite Customer and Authorized Users to participate in a program regarding certain prerelease or beta services (collectively, “Beta Services”). Customer may accept or decline to participate in any Beta Services. Any services designated by Procore as Beta Services (e.g., “beta,” “pilot,” “limited release,” “developer preview,” “non-production evaluation,” or other similar designation) are solely for Customer’s evaluation purposes. If Customer opts into a Beta Service, Customer agrees to participate in usage and other testing and provide Feedback) about such Beta Service, as reasonably requested by Procore. Beta Services are not considered Services under this Agreement, are notsupported, and may be subject to additional program terms. Unless otherwise stated, any Beta Service evaluation period will expire upon the earlier of one (1) year from the evaluation start date and the date of such Beta Service’s commercial release, unless such Beta Service is earlier discontinued by Procore. Procore may discontinue any Beta Service at any time and may never make such Beta Service generally available. Beta Services are provided “as is,” without express or implied warranty, and without indemnity. Procore and its Affiliates will have no liability for, and Customer hereby fully and irrevocably releases Procore and its Affiliates from, any liability or damage arising out of or in connection with any Beta Service.
2. USE OF SERVICES
2.1. Customer’s Responsibilities. Only Authorized Users are permitted to access and use the Services. Customer acknowledges that Procore may contact Customer and Authorized Users in connection with Procore’s and its Affiliates’ services. Customer shall be solely responsible for (a) Authorized Users’ compliance with this Agreement and any Order(s) issued hereunder; (b) the accuracy and quality of Customer Data, the means by which Customer acquired Customer Data, and obtaining appropriate usage rights with respect to Customer Data; (c) maintaining the confidentiality of usernames, passwords, and other account information or access credentials (as applicable); (d) all activities that occur under its Authorized Users’ usernames, passwords, accounts or access credentials as a result of Authorized Users’ access to the Services; and (e) ensuring Authorized Users’ use the Services only in accordance with the Documentation. Customer shall provide written notice to Authorized Users and/or Data Subjects that Customer Personal Data (as defined in the DPA) is subject to Customer’s own privacy policy and other terms regarding the use or handling of Customer Personal Data in accordance with applicable Data Protection Law. Customer shall provide disclosures to and obtain consents from Authorized Users as required under applicable Data Protection Law in order to share Customer Data. Customer shall notify Procore immediately of any unauthorized use of, or access to, the Services.
2.2. Restrictions. Customer shall not and shall not permit others to (a) make any Services available to any third party other than Customer or Authorized Users; (b) sell, resell, license, sublicense, distribute, rent, or lease any Services, or include any Services in a service bureau or outsourcing offering; (c) use the Services to store or transmit infringing, tortious, libelous, or otherwise unlawful material, Harmful Code, or material that otherwise violates the rights of any third-party; (d) interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein; (e) use, or permit direct or indirect access to, the Services in a way that seeks to circumvent the Usage Metrics, (f) use the Services to exploit any Procore Intellectual Property Rights except as otherwise expressly permitted under this Agreement, an Order, or the Documentation; (g) frame or mirror any part of the Services, except as permitted by and in accordance with the Documentation; (h) access the Services in order to develop a competitive product or service or benchmark with a non-Procore product or service, or to otherwise exploit for competitive purposes; (i) subject to applicable law, reverse engineer, copy, or modify any software included as part of the Services; (j) use the Services for any improper, fraudulent, or other non-legitimate business purpose; (k) use the Services in a way that could be considered harmful, malicious, threatening, offensive, pornographic, defamatory, bigoted, 125
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hateful, indecent, or otherwise objectionable in Procore’sreasonable discretion; (l) use the Services to send unsolicited communications, promotions, or advertisements in violation of the CAN-SPAM Act or any other applicable anti-spam or e-privacy law, rule, or regulation; (m) use any automated device or process, such as a robot, spider, datamining, web-scraping, or other means to circumvent, access, use, or integrate with the Services or its contents, including but not limited to other user account information; or (n) damage, interfere, disable, or impair the Services in any way: or (o) use the Service in violation of applicable law.
2.3. Affiliates. Customer’s Affiliates may purchase Services under this Agreement if such Affiliate directly enters into an Order with Procore or its applicable Affiliate, and by doing so such Customer Affiliate agrees to be bound by the terms of this Agreement as if it were an original party hereto. Each Affiliate’s Order(s), and the corresponding Usage Metrics, are separate and distinct from Customer’s and its other Affiliates’ respective Orders and Usage Metrics, unless otherwise set forth on an applicable Order.
3. THIRD-PARTY APPLICATIONS
Products or services developed by third parties may be available to Customer, including via Procore’s API, for use with the Services (“Third-Party Applications”). By using Third-Party Applications, Customer permits Procore to grant providers of such Third-Party Applications access to Customer Data or other data as required for the use and support of such Third-Party Applications in conjunction with the Subscription Services.
Third-Party Applications are not Services under this Agreement, may be subject to the third-party provider’s additional terms, and may require an additional fee to such providers in order to use the Third-Party Applications. The Procore software may contain features designed to interoperate with Third-Party Applications. Such features are not considered Services under this Agreement. Procore may cease providing such features for any reason, including if the provider of a Third-Party Application ceases to make the Third-Party Application available for interoperation with the Services, without entitling Customer to any refund, credit, or compensation. Notwithstanding any obligations Procore may have under an applicable DPA, Procore is not responsible for the use or protection of Customer Data in any Third-Party Applications.
4. FEES AND PAYMENT
4.1. Fees. Customer shall pay Procore all fees as set forth in the applicable Order or SOW, as well as any Overages (“Fees”). Except as set forth in Section 7.2, all payment obligations are non-cancelable and Fees paid are non-refundable.
4.2. Payment Terms. Except as otherwise set forth in the applicable Order, all Fees will be billed annually in advance. All invoices for Fees, Taxes, and Overages are due and payable within the time frame and in the currency set forth in the applicable Order, without deduction or setoff. Interest on unpaid amounts will accrue from the applicable invoice’s due date at the higher of 1.5% per month and the highest rate allowed by applicable law. Customer is responsible for providing complete and accurate billing and contact information to Procore and promptly notifying Procore of any changes to such information. If Customer fails to pay any undisputed portion of a past due invoice, including accrued interest, within ten (10) business days after receiving notice that its account is overdue, Procore may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full (“Non-Payment Suspension”). Procore will not be obligated to continue to provide Services without payment of applicable Fees.
4.3. Use of Purchase Orders. No terms of any purchase order or other form or agreement provided by Customer will modify or supplement this Agreement, regardless of any failure of Procore to object to such terms, and any such terms will have no force or effect.
4.4. Taxes. Fees and Overages do not include any taxes, tariffs, levies, duties, or similar governmental charges or assessments of any nature, including, value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases under this Agreement. If Procore is legally required to pay or collect Taxes for which Customer is responsible under this Section, Procore shall invoice Customer and Customer shall pay such amounts, unless Customer provides Procore with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Procore is solely responsible for taxes assessable against it based on its own income, property, and employees. Unless prohibited by the applicable taxing jurisdiction, the tax situs will be Customer’s ship-to address as set forth in the applicable Order.
4.5. Usage Verification & Subscription Review. Customer acknowledges that Procore or its Affiliates may, at Procore’s expense, review Customer’s use of the Subscription Services for the purpose of verifying Customer’s compliance with this Agreement. Customer shall reasonably cooperate with and assist Procore or its Affiliates, as applicable, in such review and verification of Customer’s Usage Metrics.
In addition, but no more than once annually, Procore’s subscription management team may initiate an offsite “Subscription Review” by requesting copies of records evidencing Customer’s Usage Metrics (for example, invoice details, project budgets, contract values, and change orders) and other reasonable substantiation. Customer shall provide such records within fifteen (15) business days, or such other mutually agreeable time frame, of Procore’s written request. Procore may invoice Customer, and Customer shall pay, for any usage of the Services that exceeds the Usage Metrics (“Overages”). Overages will be invoiced at Procore’s then-current standard rates.
4.6. Purchases Through a Reseller. If Customer purchases Services through a Reseller, the pricing and payment terms for such Services are between Customer and Reseller (“Reseller Terms”). Customer acknowledges that (a) all payments for Services procured via a Reseller will be made directly to the Reseller and in accordance with the Reseller Terms; and (b) if a Reseller notifies Procore of its right to terminate or suspend any Services, Procore may terminate or suspend such Services. Procore will not be liable to Customer or any third party for any liabilities, claims, or expenses arising from or relating to any applicable Reseller Terms.
5. PROPRIETARY RIGHTS AND LICENSES
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5.1. Ownership; Reservation of Rights. All Procore Intellectual Property Rights, including Intellectual Property Rights in the Services, Beta Services, Documentation, Statistical Usage Data, and Procore’s Confidential Information, are and will remain owned exclusively by Procore and its Affiliates, as applicable. Ownership in all Updates, derivatives, modifications, new functionalities, enhancements, and customization related to the Services created by or on behalf of Procore will immediately vest in Procore upon creation. Unless otherwise specified in an applicable SOW, all deliverables provided in the performance of Professional Services are owned by Procore and will be made available as part of the Subscription Services provided under this Agreement. Nothing in this Agreement will preclude or limit Procore from using or exploiting any concepts, ideas, techniques, or know-how of or related to the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services or other Procore Intellectual Property Rights are granted to Customer, and all such rights are expressly reserved to Procore and its Affiliates.
5.2. Use of Procore Logos. Use of Procore’s logos, and all other Procore trademarks, service marks, product names, and trade names of Procore, is subject to the branding guidelines at design.procore.com.
5.3. Customer Data. Customer Data and Customer’s Confidential Information are and will remain owned exclusively by Customer or its Authorized Users, as applicable. Customer hereby grants Procore, its Affiliates, and its subprocessors a worldwide right and license to access, host, display, process, analyze, transmit, reproduce, and otherwise utilize Customer Data (subject to Sections 1.3 and 6.2) for the purposes of providing and improving the Services in accordance with this Agreement.
5.4. Statistical Usage Data. Procore and its Affiliates may collect, use, and otherwise process Statistical Usage Data for their own analysis, analytics, marketing, and other internal business purposes, including, without limitation, improving Procore’s products and services).
Except where Customer has expressly provided its written consent, Procore will only disclose Statistical Usage Data if such data is (a) aggregated or anonymized; and (b) does not disclose the identity of Customer or its Authorized Users or any Customer Confidential Information.
5.5. Feedback. To the extent that Customer or its Authorized Users provide any recommendations, suggestions, proposals, ideas, improvements, or other feedback regarding the Services or Documentation (“Feedback”), Customer hereby grants Procore an irrevocable, perpetual, royalty-free license to freely use, reproduce, distribute, modify, incorporate, commercially exploit, and further develop such Feedback without any restrictions or attribution.
6. CONFIDENTIALITY
6.1. Definition of Confidential Information. “Confidential Information” means all information or data disclosed by a Party or any of its Affiliates (as applicable, the “Disclosing Party”) that is confidential, proprietary, or otherwise not publicly available, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure whether oral or in writing, and disclosed during the Term in connection with the Services. Confidential Information includes, (a) with respect to Customer, Customer Data; (b) with respect to Procore, the Services, pricing, and the Beta Services, including any discussions or information related to Beta Services; and (c) with respect to a Party, any technical, financial, economic, marketing, strategic, business, product, design, operational, including the terms of this Agreement and all Orders and SOWs, of such Party. Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of this Agreement or any other agreement by the Party receiving information or any of its Affiliates (as applicable, the “Receiving Party”); (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without restriction on disclosure and without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without use of or reference to any Confidential Information.
6.2. Protection of Confidential Information. The Receiving Party shall (a) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (b) not use any Confidential Information for any purpose outside the scope of this Agreement; and (c) except as otherwise expressly consented to by an authorized representative of the Disclosing Party, limit access to Confidential Information to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less restrictive than those herein. Neither Party shall disclose the terms of this Agreement or any Order to any third party other than its Affiliates, legal counsel, and accountants without the other Party’s prior written consent, on condition that a Party that makes any such disclosure to its Affiliate, legal counsel, or accountants shall remain responsible for such Affiliate’s, legal counsel’s, and accountants’ compliance with this “Confidentiality” Section.
6.3. Compelled Disclosure. The Receiving Party may disclose Confidential Information to the extent compelled by law or legal process to do so, on condition that the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the compelled disclosure. If the Receiving Party is compelled by law to disclose Confidential Information as part of a proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party shall reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.
7. REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES, DISCLAIMERS 127
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7.1. General Warranty. Each Party represents and warrants that it has the necessary rights to enter into this Agreement and has the legal power to do so.
7.2. Procore Limited Warranties. Procore warrants that (a) the Subscription Services will perform materially in accordance with the applicable Documentation; (b) Procore will not materially reduce the core functionality of the Subscription Services during the current Subscription Term; (c) Procore will use industry standard measures to deliver the Subscription Services free of Harmful Code; and (d) Procore will perform the Professional Services in a diligent and professional manner. Customer’s exclusive remedy and Procore’s entire liability for a breach of the above warranties will be, at Procore’s option, (x) the correction of the deficient Service that caused the breach of warranty, or (y) provision of comparable functionality. If Procore cannot accomplish (x) or (y) in a commercially reasonable manner, as determined in its reasonable discretion, Procore may terminate the deficient service and refund to Customer any prepaid Fees for the terminated Service, prorated to cover the remaining portion of the Subscription Term following notice of the breach of warranty.
7.3. Disclaimers. Except as expressly provided herein, neither Party or its licensors makes any warranty of any kind, whether express, implied, statutory, or otherwise, and each Party and its licensors specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, to the maximum extent permitted by applicable law. Notwithstanding Procore’s obligations under the DPA, Procore does not warrant that Services will be error-free or uninterrupted, will meet Customer’s requirements or expectations, or that its security measures will be sufficient to prevent thirdparty access to Customer Data.
8. INDEMNIFICATION
8.1. Indemnification by Procore.
(a) Procore shall defend any claim brought against Customer by a third-party to the extent such claim alleges that Customer’s use of the Subscription Services (as authorized in this Agreement, and as provided by Procore to Customer) (1) infringes any valid and enforceable third-party patent, copyright, or registered trademark, or (2) misappropriates a third-party trade secret (a “Claim”). If a third party makes a Claim against Customer, Procore shall pay all damages (including reasonable attorneys’ fees) finally awarded against Customer by a court of competent jurisdiction, or the settlement agreed to by Procore with respect to such Claim. (b) If any Claim is brought or threatened, or if Procore reasonably believes that the Subscription Services may become the subject of a Claim, Procore may, at its sole option and expense (1) procure for Customer the right to continue to use the applicable Subscription Service; (2) modify the Subscription Service to make it non-infringing; (3) replace the affected aspect of the Subscription Service with non-infringing technology having substantially similar capabilities; or (4) if Procore determines none of the foregoing is commercially practicable, terminate this Agreement upon thirty (30) days’ notice and refund Customer any prepaid Fees related to the applicable Subscription Services prorated for the remainder of the Subscription Term. (c) Procore’s defense and indemnity obligations do not apply to, and Procore will have no liability with respect to, any Claim arising in whole or part due to (1) any modification of the Subscription Services made by anyone other than Procore, (2) any use of the Subscription Services in combination with software, products, or services not provided by Procore, (3) any Third-Party Applications; (4) Services under an Order for which there is no charge; (5) Customer’s use of the Subscription Services not in compliance with this Agreement; or (6) Customer’s failure to use any Update provided by Procore.
This indemnity states Procore’s entire liability, and Customer’s exclusive remedy, for any Claims as described in Section 8.1.
8.2. Indemnification by Customer. Customer shall defend any claim brought against Procore by a third party to the extent such claim relates to the Customer Data (if used by Procore in accordance with this Agreement) or Third-Party Applications built by or on behalf of Customer. If a third party makes such a claim against Procore, Customer shall pay all damages (including reasonable attorneys’ fees) finally awarded against Procore or the settlement agreed to by Customer with respect to such claim. This indemnity states Customer’s entire liability, and Procore’s exclusive remedy, for any third-party claims as described in this Section 8.2.
8.3. Procedure. The defense and indemnity obligations above are conditioned upon the indemnified Party providing the indemnifying Party with (a) prompt notice; (b) sole control over the defense and any settlement negotiations; and (c) all information and assistance reasonably requested by the indemnifying Party in connection with the defense or settlement of the indemnifiable claim. The indemnifying Party shall not agree to a settlement that imposes any obligation or liability on the indemnified Party without the indemnified Party’s prior written consent, which will not be unreasonably withheld, conditioned, or delayed. The indemnified Party may appear in connection with such claims, at its own expense, through counsel reasonably acceptable to the indemnifying Party.
9. LIMITATION OF LIABILITY
9.1. Exclusion of Damages. Neither Party nor its respective Affiliates will be liable for any loss of profits, revenues, goodwill, anticipated savings, or use, costs of substitute goods or services, or business interruption, or work stoppage, or any indirect, special, incidental, exemplary, punitive, or consequential damages, however caused, and based on any theory of liability, whether for breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if such Party is advised of the possibility of such damages. The foregoing disclaimer will not apply to the extent prohibited by law. 128
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9.2. Limitation of Liability. A Party’s and its respective Affiliates’ aggregate cumulative liability for all damages arising out of or related to this Agreement will not exceed the applicable Fees paid or payable to Procore in an Order or SOW for the applicable Services and attributable to the twelve (12) month period immediately preceding the event giving rise to the liability. The existence of more than one claim will not expand this limit. The liability limitations under this Section 9.2 will not apply to (a) Customer’s obligations to pay Fees due under this Agreement; (b) Customer’s breach of Sections 2.1 or 2.2; (c) amountsfinally determined pursuant to either Party’s indemnity obligations under Section 8; (d) either Party’s gross negligence, willful misconduct, or fraud; or (e) either Party’s negligence on-site during the performance of Professional Services that results in death or personal injury. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable.
10. TERM AND TERMINATION
10.1. Term of Agreement. This Agreement will begin on the Effective Date and continue until terminated as permitted herein (the “Term”). If there are no active Orders, this Agreement may be terminated by either Party upon ninety (90) days’ prior notice.
10.2. Subscription Term. The initial Subscription Term and any applicable renewal Subscription Term will begin and end in accordance with the start date and end date set forth in the Order. Unless otherwise specified in an Order, a Subscription Term will automatically renew for one (1) year on the same terms, unless either Party gives the other Party notice (email is sufficient) of non-renewal at least ten (10) days before the end of the relevant Subscription Term. Notice of non-renewal to Procore must be sent to [email protected].
Except as expressly set out in an Order, one-time promotional pricing will renew at Procore’s then-current standard rates. Any new Service subsequently added to an existing subscription will be coterminous with the current Subscription Term.
10.3. Suspension. In the event of Customer’s or an Authorized User’s breach of this Agreement, including without limitation for Non-Payment Suspension or violation of the restrictions in Section 2.2, Procore may, in its reasonable discretion, suspend Customer’s or an Authorized User’s access to or use of the Subscription Services. Notwithstanding the foregoing, Procore shall use good-faith, reasonable efforts, unless the circumstances dictate otherwise, to reasonably notify Customer or an Authorized User via email before taking the foregoing actions.
10.4. Termination. Either Party may terminate this Agreement or any Order or SOW upon notice if the other Party is in material breach of this Agreement, where such material breach is not cured (to the extent capable of being cured) within thirty (30) days after receiving notice of breach from the non-breaching Party, or with immediate effect where such material breach cannot be cured. For the avoidance of doubt and without limiting rights of Procore, Customer’s noncompliance with Section 2.2 or Section 4.2 will be deemed a material breach of this Agreement. This Agreement may be terminated by either Party with immediate effect if the other Party becomes the subject of a petition in bankruptcy or other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors, and such petition or proceeding is not dismissed within forty-five (45) days.
10.5. Effect of Termination. Upon the termination of this Agreement for any reason (a) unless otherwise agreed by the Parties in writing, all outstanding Orders and access to the Subscription Services will automatically terminate; (b) Customer and its Authorized Users shall immediately cease access and use of the Subscription Services, other than for retrieval purposes provided in (d); (c) all outstanding payment obligations of Customer will become due and payable immediately; and (d) for thirty (30) days following the termination of this Agreement Procore shall make Customer Data available to Customer, at Customer’s request, via read-only access to the Subscription Service, solely for purpose of allowing Customer to retrieve Customer Data. After thirty (30) days, Procore will have no obligation to maintain or provide any Customer Data, and thereafter may delete or destroy all copies of Customer Data. If Procore is required to retain a copy of Customer Data for legal purposes, such copy remains subject to the confidentiality provisions of this Agreement.
10.6. Refund or Payment upon Termination. If Customer terminates this Agreement due to Procore’s material breach, Procore shall refund Customer the prorated portion of prepaid Fees for unused Services. If Procore terminates this Agreement due to Customer’s material breach, Customer shall pay any unpaid Fees. Termination will not relieve Customer of its obligation to pay any Fees for the period prior to the effective date of termination.
10.7. Surviving Provisions. The Sections titled “Fees and Payment,” “Proprietary Rights and Licenses,” “Confidentiality,” “Representation, Warranties, Exclusive Remedies, Disclaimers,” “Term and Termination,” “Indemnification,” “Limitation of Liability,” and “General Provisions” will survive any termination of this Agreement.
11. GENERAL PROVISIONS
11.1. Publicity & Searchability Options.
(a) Customer grants Procore the right to use Customer’s company name and logo as a reference for promotional purposes, subject to Customer’s trademark usage guidelines that are provided to Procore. Customer may revoke this grant at any time, in part or in whole, by sending an email stating its intent to [email protected]. (b) The Services may contain functionality to allow Customer and third parties to search for one another for various purposes, such as inviting a third party to collaborate on a project, soliciting and/or receiving a bid, etc. Where Procore has made such functionality available, Customer will have the ability to control its visibility for such searches within the Services. 129
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11.2. Export Control. Each Party shall comply with all applicable Export Control and Sanctions Laws and Regulations in connection with providing and using the Services. Without limiting the foregoing, (a) each Party represents that it is not listed on any list of entities or individuals who are restricted from receiving U.S. services or items subject to jurisdiction of U.S. Export Controls (including but not limited to the Specially Designated Nationals and Blocked Persons List and the Entity List) nor is it owned or controlled by any such listed entity; (b) Customer shall not, and shall ensure that Authorized Users do not, violate any Export Control and Sanctions Laws and Regulations, or cause any such violation to occur; and (c) Customer shall not use or cause any person to use the Services to store, retrieve, or transmit technical data controlled under the U.S. International Traffic in Arms Regulations.
11.3. Anti-Corruption. Neither Party has promised, made, or received any bribe, kickback, or other similar payment or transfer of value from or to any director, officer, employee, agent, or other representative of the other Party in connection with this Agreement. Reasonable gifts, entertainment, sponsorships, and donations do not violate the above restriction.
11.4. U.S. Government Rights. If Customer, or any Authorized User, is a branch, agency, or instrumentality of the United States Government, the following provision applies: The Services and Documentation comprise “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and are provided to the Government (a) for acquisition by or on behalf of civilian agencies, consistent with the policy in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies in 48 C.F.R. 227.7202-1 and 22.7202-3. The rights of the U.S. Government to use, commercial computer software, commercial computer software documentation, and technical data furnished in connection with this Agreement are solely as provided in this Agreement. No additional rights are provided to the Government unless set forth in a separate written addendum.
11.5. Contracting Entity, Governing Law & Venue. The Procore contracting entity, law that will apply to a dispute arising out of or relating to this Agreement, and jurisdiction for dispute resolution depend on where Customer is domiciled, in all cases without reference to conflict of law rules of any jurisdiction.
If Customer is domiciled in: The Procore contracting
entity is:
Governing law is
that of:
The venue for dispute
resolution is:
California Procore Technologies, Inc.
6309 Carpinteria Ave.
Carpinteria, CA 93013 USA
California Los Angeles County,
California
Any U.S. state other than
California; Mexico; or a
country in Central America,
South America, or the
Caribbean
Procore Technologies, Inc.
6309 Carpinteria Ave.
Carpinteria, CA 93013 USA
Delaware New Castle County,
Delaware
Canada Procore Technologies, Inc.
6309 Carpinteria Ave.
Carpinteria, CA 93013 USA
Ontario Ontario, Canada
The United Kingdom; or a
country in Europe, Africa, or
the Middle East
Procore UK Ltd
51 Eastcheap
London EC3M 1JP U.K.
England London, England
Australia or New Zealand Procore Technologies, Inc.
6309 Carpinteria Ave.
Carpinteria, CA 93013 USA
New South Wales Sydney, New South Wales
A country in Asia or the
Pacific region other than
Australia or New Zealand
Procore Technologies, Inc.
6309 Carpinteria Ave.
Carpinteria, CA 93013 USA
Singapore Singapore
The provisions of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Acts will not apply to this Agreement in any manner whatsoever.
11.6. Dispute Resolution. The Parties shall attempt in good faith to promptly resolve any disputes arising out of or relating to this Agreement by negotiation between representatives of each Party with the authority to resolve such dispute. If the Parties are unsuccessful, such dispute will be submitted to final and binding arbitration. Notwithstanding the foregoing, neither Party is required to arbitrate claims (a) where all named parties seek monetary relief which, in the aggregate, qualifies as a claim that meets the requirements of an applicable small claims court; or (b) seeking injunctive relief. However, if a small claim is transferred, removed, or appealed to a different court, 130
EC America, Inc. Page 10 reformatted 6.20.23
either Party may require that the claim be submitted to final binding arbitration. Any arbitration will take place on an individual basis.
The Parties waive the right to participate in a class, consolidated, or representative action or arbitration, and the right to a trial by jury.
If this class action waiver is deemed unenforceable, the class claim will be brought in a court of competent jurisdiction.
Arbitration will be conducted in English and administered in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution at the location set forth in Section 11.5. Except as required by law, neither Party nor its representatives may disclose the existence, content, or results of any arbitration without the other Party’s prior written consent.
The arbitrator is not empowered to award damages in excess of compensatory damages and each Party hereby irrevocably waives any right to recover such damages with respect to any dispute resolved by arbitration. The decision of the arbitrator will be in accordance with this Agreement and will be binding upon the Parties. Each Party hereby waives any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Judgment upon the award rendered may be entered in and enforced by any court of competent jurisdiction having jurisdiction over both Parties. This Agreement governs if there is a conflict with the International Arbitration Rules of the International Centre for Dispute Resolution.
11.7. Notices. Noticesto Customer will be delivered via email or overnight delivery at the address associated with the Order. Notices to Procore will be delivered via email to [email protected] or by overnight delivery to Procore Technologies, Inc., Attention Chief Legal Officer, 6309 Carpinteria Ave., Carpinteria, CA 93013 USA. All notices must be in writing and will be effective when received.
11.8. Force Majeure. Neither Party will be responsible or liable for any failure or delay in its performance under this Agreement (except for payment of Fees) to the extent due to any cause beyond its reasonable control (“Force Majeure Event”). The Party suffering a Force Majeure Event shall use reasonable efforts to mitigate against the effects of such Force Majeure Event. For the avoidance of doubt, issues relating to COVID-19 will not be considered a Force Majeure Event.
11.9. Assignment. Each Party shall not assign this Agreement, in whole or part, or any right or interest herein, without the other Party’s prior written consent, not to be unreasonably withheld, and any purported assignment will be void. However, Procore may assign this Agreement without consent to an Affiliate, or in connection with a merger, consolidation, or corporate reorganization, sale of all or substantially all of its assets or business, or other change of control transaction. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns.
11.10. Relationship of the Parties. The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties.
11.11. Entire Agreement; Order of Precedence. This Agreement (together with any SOWs, Orders, and linked terms) contains the entire understanding and agreement of the Parties concerning the subject matter hereof and supersedes all prior or contemporaneous communications, representations, agreements, and understandings, either oral or written, between the Parties with respect to its subject matter. This Agreement may only be amended or waived by a writing signed by both Parties; however, Procore reserves the right to update and modify the terms of this Agreement upon renewal. In the event of any conflict or inconsistency between or among the following documents, the order of precedence will be: (1) the DPA, (2) the Order, (3) SOW, (4) this Agreement, and (5) any links provided herein. Any amendment will take precedence over the document it amends.
11.12. Miscellaneous. If a provision of this Agreement is unenforceable or invalid, the provision will be revised so as to best accomplish the objectives of the Parties as evidenced by this Agreement, and the remainder of this Agreement will continue in full force. The English language version of this Agreement will be the version used when interpreting or construing this Agreement. Any notices in connection with this Agreement must be provided in English. Either Party’s failure to enforce any right under this Agreement will not waive that right. There are no third-party beneficiaries to this Agreement, and Customer acknowledges that Procore will have no obligations or liability whatsoever to any third parties with which Customer does business.
12. DEFINITIONS
12.1. “Affiliate” means an entity that controls, is controlled by, or is under common control of a Party, where “control” means ownership or control, directly or indirectly, of more than fifty percent (50%) of the voting interest of such entity or party (but only for so long as such control exists) or the right to otherwise control the decision making of the subject entity.
12.2. “Authorized Users” means any individual or agents authorized by Customer to access or use the Services.
12.3. “Customer Data” means any content, data, information, personal data (as described in Section 1.2), and other materials submitted by Customer or an Authorized User to the Services. Customer Data excludes Statistical Usage Data, any content from publicly available sources, and any suggestion, enhancement request, recommendation, correction, or other Feedback relating to the operation of the Subscription Services pursuant to Section 5.4.
12.4. “Documentation” means the official Procore-provided instructions, user guides, help and training manuals, descriptions of support, and other descriptive product information applicable to the Services, whether in electronic, paper, or equivalent form, as updated from time to time, accessible at https://support.procore.com/products/online/user-guide or other websites designated by Procore. 131
EC America, Inc. Page 11 reformatted 6.20.23
12.5. “Export Control and Sanctions Laws and Regulations” means all laws and regulations under applicable law controlling or regulating the export, re-export, or (in-country) transfer of goods, technology, software, or services, or those that impose other trade or financial sanctions against targeted countries, territories, individuals, or entities.
12.6. “Harmful Code” means code, files, scripts, agents, malware, or programs intended to do harm, including but not limited to viruses, worms, time bombs, and Trojan horses.
12.7. "Intellectual Property Rights” means all rights, title, and interest in all intellectual property, including patents, copyrights, trade secrets, mask works, trademarks, and other intellectual property rights of any sort throughout the world.
12.8. “Order” means a written or electronic order form, executed by the Parties, identifying the Services, scope, quantity, charges, and other information relevant to a specific transaction between Customer and Procore, herein incorporated by reference.
12.9. “Professional Services” means the implementation, technical, consulting, training, and similar services provided by or through Procore or its Affiliates, as described in the relevant Order or SOW.
12.10. “Reseller” means a third party authorized by Procore or its Affiliates to promote, distribute, and/or resell the Services.
12.11. “Services” means collectively, as applicable, the Subscription Services, Support Services, and Professional Services Customer has ordered, and Procore has agreed to provide, as indicated on the applicable Order or SOW.
12.12. “SOW” means a statement of work executed by the Parties describing Professional Services purchased by Customer pursuant to an Order, herein incorporated by reference.
12.13. “Statistical Usage Data” means usage information or data related to the access or use of the Services. Examples of Statistical Usage Data include information or data on user visits, user activity, and numbers and types of clicks or impressions, as well as statistical, functional, behavioral, or other information or data based on or derived from such access or use.
12.14. “Subscription Services” means the Procore software-as-a-service, and all associated Updates, offered on a subscription basis by Procore via an Order that provides the functionality described in the Documentation.
12.15. “Subscription Term” means the entire period during which Customer is entitled to use the Subscription Services, including the initial term and any applicable renewal terms.
12.16. “Support Services” means the type of Procore’s customer support for the Subscription Services described in Exhibit A, and as may be specified or purchased within an Order.
12.17. “Updates” means all updates, enhancements, and other modifications that Procore makes generally available, at no additional charge, to its customers of the Subscription Services identified in an Order.
12.18. “Usage Metrics” means the metrics used to determine the scope of Customer’s access and use of the Subscription Services and associated Fees, as set out in an Order.
// Signature Page Follows //
132
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PROCORE SUBSCRIPTION AND SERVICES AGREEMENT
Signature Page
Procore Customer:
By: By:
Authorized Signature Authorized Signature
Name: Name:
Title: Title:
Date: Date:
133
EC America, Inc. Page 13 reformatted 6.20.23
PROCORE SUBSCRIPTION AND SERVICES AGREEMENT
Exhibit A – Support Services and SLA Agreement
1. OVERVIEW
This Support Services and SLA Agreement (“SLA”) is entered into by Procore and Customer and covers the Procore Subscription Services defined in the Procore Subscription Services Agreement (“Agreement”) to which this SLA is attached. Except as otherwise modified or defined herein, all capitalized terms in this SLA have the meanings set forth in the Agreement.
2. DEFINITIONS
For purposes of this SLA “Scheduled Downtime” means the window during which scheduled maintenance of the Subscription Services is performed.
Procore shall use commercially reasonable efforts to not provide more than 6 hours of Scheduled Downtime per calendar month.
3. SERVICE AVAILABILITY
Procore’s service-level objective for the Subscription Services is 99.9% of the time, 7 days a week, and 24 hours per day as calculated over a calendar month excluding Scheduled Downtime. This does not include Force Majeure Events or other factors outside of Procore’s reasonable control.
4. SUPPORT
4.1 Access to Support. Customer and Authorized Users have access to technical support via telephone, online chat, email, or self-paced online tutorials. Support hours can be found at http://support.procore.com. Support does not include training sessions on the features and functionality of the Subscription Services (e.g., implementation) or training in relevant computer skills considered prerequisite to an individual’s ability to use personal computers, the Internet/World Wide Web, and online software in accordance with the requirements of the Agreement. Furthermore, only qualified, trained Customer support personnel or Authorized Users familiar with Subscription Services are authorized to contact Procore to obtain support.
4.2 Reporting. Before requesting support from Procore, Customer shall use reasonable efforts to comply with any applicable operating and troubleshooting procedures as set forth in the Documentation or as otherwise provided by Procore. If such efforts are unsuccessful, Customer should promptly notify Procore support via Procore’s Ticket Tracking System (“System”) of the issue including any supporting information Customer believes may assist Procore in both its diagnostic determination as well as the Severity/Priority classification. Upon Procore’s receipt of a support request via the System, Procore shall use commercially reasonable efforts to answer questions and provide standard error corrections to known problems. In the event of any problems or errors involving the Subscription Services that Procore cannot immediately resolve, Procore shall begin working on a resolution to the problem and shall work diligently and in a commercially reasonable manner on the problem until it is resolved.
4.3 Status Updates. Response time commitment for a first support contact between Procore and Customer after Customer contacts Procore for support is based on the Severity/Priority of the issue as entered into the System by the Customer. The Severity/Priority levels reported by Customer will be determined by Procore in its reasonable discretion, taking into consideration Customer’s report of the impact and functionality of the issue and impact to Customer. Once Procore receives an error ticket as reported from Customer, Procore shall provide Customer with timely status updates as reasonably determined by Procore until a workaround or other resolution is established by Procore. 134
Agenda Staff Report
TO: Mayor Amabile and City Council Members
FROM: Soknirorn Than, City Manager
DATE: September 16, 2026
TYPE OF REPORT: Consent Item
SUBJECT: Approval of an Amendment with Mid Valley IT to Upgrade City Hall Server
Recommendation:
It is recommended that the City Council adopts the Resolution approving an amendment to the agreement with Mid Valley IT to upgrade City Hall Server in the amount of $335,344.35 and authorizing the City Manager to execute the amendment including the contingency of 10% in the amount of $33,534.00.
Background:
The City of Los Banos currently contracts for managed IT services to support daily operations, cybersecurity, infrastructure maintenance, and technology planning. The City issued a request for updated service proposals to ensure continuity of service and compliance with new operational and legislative requirements, including SB 707.
Mid Valley IT has provided a comprehensive proposal for a fixed monthly managed services agreement, along with additional audio/visual upgrades required for SB 707 compliance.
On March 18, 2026, the City Council approved a Managed IT Services Agreement with Mid Valley IT effective April 1, 2026, for a three-year term. Under the agreement, Mid Valley IT provides comprehensive managed information technology services, including unlimited remote and on-site technical support, regular onsite visits, network documentation, capital planning assistance, antivirus hosting and monitoring, a standard 48-hour response time for service requests, and a four-hour response time for emergency issues.
135
ITEM 7H
The agreement establishes a fixed monthly service fee of $12,877, subject to a 3.5% annual cost-of-living adjustment. In addition to the base support services, the City may utilize optional subscription-based technology services, including endpoint detection and response (EDR) antivirus protection, Duo multi-factor authentication, Inky email filtering, Microsoft 365 licensing at published Microsoft rates, and managed backup services currently billed at $2,380 per month.
The agreement was intended to provide predictable IT support costs and ensure ongoing maintenance, cybersecurity monitoring, technology planning, and operational support for the City's information technology infrastructure.
Discussion:
The City Hall server infrastructure is a critical component of the City's information technology environment, supporting daily operations, data storage, business applications, cybersecurity functions, and interdepartmental communications. Much of the City's existing server and storage environment has reached the point where replacement and modernization are necessary to maintain system reliability, improve performance, and support future technology needs.
The proposed project would replace the current server cluster and storage platform with a modern, centralized infrastructure consisting of new Hewlett Packard Enterprise (HPE) servers, a Storage Area Network (SAN), high-speed network switching equipment, and an upgraded backup environment. The project also includes migration of existing virtual servers, implementation of a clustered server architecture, and upgrades of approximately 18 virtual machines to Windows Server 2025.
A key benefit of the proposed upgrade is the establishment of a centralized management platform for both network and storage resources. Centralized administration will allow Information Technology staff and the City's managed service provider to more efficiently monitor system health, manage security updates, allocate storage resources, and respond to operational issues. The upgraded environment will improve scalability, simplify maintenance activities, and reduce the risk associated with aging hardware and fragmented storage systems.
This centralized approach allows for a unified system to branch facilities such as the new Development Services Center (at the old PD Annex Building), and the Fire Station No. 4.
This will lower cost for firewall and subscriptions.
The project also enhances the City's cybersecurity and disaster recovery capabilities. The addition of a dedicated backup appliance, modern storage architecture, and updated server operating systems will strengthen data protection, improve system resiliency, and support business continuity in the event of equipment failure, cybersecurity incidents, or other service disruptions.
The proposed solution includes two enterprise-grade HPE data center switches, an HPE MSA 2070 SAN with high-performance solid-state storage, four new HPE ProLiant Gen12 servers configured in a clustered environment, Windows Server 2025 licensing, and 136
associated implementation services. Mid Valley IT will provide professional services to design, install, configure, and migrate the City's virtual server environment to the new platform. The total project cost is $335,344.35 including equipment, software licensing, labor, sales tax, and installation services. Staff is requesting a 10% contingency in the amount of $33,534.00 to allow for unforeseen conditions associated with this upgrade.
Staff believes the proposed investment is necessary to ensure the continued reliability, security, and performance of the City's core technology infrastructure while providing a scalable platform capable of supporting future service delivery, operational efficiency, and technology modernization initiatives.
Procurement:
Pursuant to Los Banos Municipal Code Section 3-10.230, staff recommends utilizing noncompetitive negotiation for the procurement of the City Hall Server Cluster and Network Infrastructure Upgrade. The proposed purchase qualifies under multiple provisions of Section 3-10.230, including:
1. Technology products, including enterprise servers, storage area network (SAN) equipment, network switching infrastructure, virtualization software, and associated licensing.
2. Additions to and maintenance of existing equipment that can be more efficiently performed by a particular company with knowledge of the City's existing environment.
3. Equipment that must be compatible with existing systems, network architecture, virtualization platforms, cybersecurity controls, and operational procedures supported by the City's managed information technology services provider.
Mid Valley IT currently serves as the City's managed IT services provider under a longterm support agreement and is responsible for maintaining the City's network, server infrastructure, cybersecurity systems, backups, and daily technology operations. The proposed solution was specifically designed to integrate with the City's existing environment and includes migration of approximately 18 virtual servers, implementation of centralized storage, and configuration of a new clustered server architecture. Utilizing Mid Valley IT for this project provides continuity of operations, minimizes implementation risk, reduces system downtime during migration, and ensures compatibility with the City's existing technology infrastructure.
Consistent with Section 3-10.230, staff finds that the proposed procurement involves specialized technology products and system upgrades that must be integrated with existing infrastructure and supported by the City's current managed service provider.
Staff further finds that the proposed procurement is in the City's best interest because it provides a complete, integrated solution that enhances reliability, cybersecurity, centralized management, and long-term operational efficiency while reducing the risks associated with transitioning critical infrastructure to an unfamiliar vendor. 137
Fiscal Impact:
Funding for this upgrade is budgeted for within the Information Technology Division for Fiscal Year 2026-2027 in account 610-410-100-770 for a total amount of $400,000.00.
No additional appropriation is needed.
Reviewed by:
_________________________________
Minerva Moreno, Finance Director
Attachments:
1. Resolution
2. Amendment
138
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LOS BANOS APPROVING AN AMENDMENT TO
THE MANAGED IT SERVICES AGREEMENT WITH MID
VALLEY IT FOR THE CITY HALL SERVER CLUSTER
AND NETWORK INFRASTRUCTURE UPGRADE IN THE
AMOUNT OF $335,344.35, AUTHORIZING A TEN
PERCENT (10%) CONTINGENCY, AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AMENDMENT
AND RELATED DOCUMENTS
WHEREAS, the City of Los Banos relies on its information technology infrastructure to support essential governmental operations, business applications, communications, cybersecurity, data storage, and public services; and WHEREAS, on March 18, 2026, the City Council approved a Managed IT Services Agreement with Mid Valley IT for the provision of managed information technology services to the City; and
WHEREAS, staff has determined that portions of the City's existing server, storage, and network infrastructure have reached the end of their useful life and require replacement to maintain reliability, security, performance, and operational continuity; and
WHEREAS, Mid Valley IT has submitted a proposal to replace and modernize the City's server cluster, storage area network, network switching infrastructure, backup systems, and related technology components, including migration of existing virtual servers and implementation of a centralized management platform; and
WHEREAS, the proposed project will improve system reliability, cybersecurity, disaster recovery capabilities, centralized administration, scalability, and long-term operational efficiency while providing the capability to support current and future City facilities; and
WHEREAS, pursuant to Los Banos Municipal Code Section 3-10.230, staff has determined that the procurement qualifies for noncompetitive negotiation because the purchase involves technology products, additions and upgrades to 139
existing equipment, and equipment required to be compatible with the City's existing technology infrastructure and managed service environment; and WHEREAS, the total cost of the proposed amendment is $335,344.35, and staff recommends approval of a contingency equal to ten percent (10%) of the contract amount, or $33,534.00, for unforeseen conditions and implementation requirements that may arise during the project; and
WHEREAS, sufficient funding for the project has been appropriated in the Fiscal Year 2026-2027 Information Technology Division budget account 610-410- 100-770.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Los Banos does hereby:
1. Approves the amendment to the Managed IT Services Agreement with Mid Valley IT for the City Hall Server Cluster and Network Infrastructure Upgrade in the amount of $335,344.35.
2. Approves a project contingency in the amount of $33,534.00, representing approximately ten percent (10%) of the contract amount, to address unforeseen conditions associated with the project.
3. Finds that the procurement is authorized pursuant to Los Banos Municipal Code Section 3-10.230 because the purchase consists of technology products and equipment that must be integrated and remain compatible with the City's existing information technology infrastructure.
4. Authorizes the City Manager to execute the amendment and any related documents necessary to implement the project and to approve contingency expenditures within the authorized amount.
The foregoing Resolution was introduced at a regular meeting of the City Council of the City of Los Banos held on the 16th day of September, 2026, by Council Member __________ who moved its adoption, which motion was duly seconded by Council Member __________ and the Resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
140
APPROVED:
__________________________
Michael S. Amabile, Mayor
ATTEST:
__________________________________
Lucille L. Mallonee, City Clerk
141
THIS PAGE IS INTENTIONALLY LEFT BLANK
142
FIRST AMENDMENT TO
IT MANAGED SERVICES FIXED AGREEMENT
MID VALLEY IT
THIS FIRST AMENDMENT TO AGREEMENT (“First Amendment”) is made and entered into this day of 2026, by and between the City of Los Banos, a California municipal corporation (herein referred to as “City”) and Halcyon Creek Inc., dba Mid Valley IT, a California Stock Corporation (herein referred to as “Contractor”).
RECITALS
A. WHEREAS, City and Contractor entered into a fixed agreement dated April 1, 2026 (“Agreement’); and
B. WHEREAS, City and Contractor desire to amend the Agreement modify the scope of services per Exhibit A; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree asfollows:
1. Scope of Services. The scope of services shall be amended as set forth in Contractor’s Service Proposal dated August 19, 2026 (Quote No. MVQQ10200 and 00001200) attached hereto as Exhibit A and incorporated herein by this reference.
2. Compensation. Contractor’s additional compensation for all work performed in accordance with this Second Amendment for additional work, including all reimbursable items, shall not exceed $335,344.35 as set forth herein unless authorized in writing by the City.
3. Entire Agreement. All of the terms and conditions of the Agreement not modified by this First Amendment shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this second amendment on the dates set forth below.
Halcyon Creek Inc. dba. Mid Valley IT
Date: , 2026
Title:
CITY OF LOS BANOS, a California
municipal corporation
Date: , 2026
by:
Title:
143
ATTEST:
CITY CLERK
Lucille L. Mallonee, City Clerk
APPROVED AS TO FORM:
Mary Lerner, City Attorney
144
Exhibit A
145
THIS PAGE IS INTENTIONALLY LEFT BLANK
146
. 767 E. Yosemite #A
\ Merced, CA 95348
P: 800-931-2043
F: 877-834-1320
M10 VA LL E W: www.midvalleyit.com
QUOTE
Number MVQQ10200
Date Aug 19,2026
City of Los Banos
520 J St
Los Banos, CA 93635
City of Los Banos
520 J St
Los Banos, CA 93635
Phone
Fax
Phone
Fax
csilveira
iScsi Switching | -$65,762.12
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6 1 HPE MSA 2070 SAN Storage System - 24 x HDD Supported - 24 x SSD Supported -12 x SSD Installed - 23.04 TB Total Installed SSD Capacity - Clustering Supported - 2 x 10/25 GbE iSCSI Controller - RAID Supported - 0, 1, 5, 6, 10 RAID Levels - 24 x Total Bays - 24 x 2.5" Bay - Gigabit Ethernet, 10 Gigabit Ethernet, 25 Gigabit Ethernet - Network (RJ-45) - SNMP, SSH, SMTP, FTP, SFTP, HTTP, HTTPS, Telnet, iSCSI, IPv4, IPv6 - 4 iSCSI Ports - 2U - Rack-mountable
$51,300.65 $51,300.65
7 1 HPE MSA 10Gb Short Range iSCSI SFP+ 4-Pack Transceiver - For Optical Network, Data Networking -1 x 10GBase-SW iSCSI - Optical Fiber10 Gigabit Ethernet - 10GBase-SW - 4
$581.43 $581.43
8 2 HPE 11.50 TB Solid State Drive - 2.5" Internal - SAS (12Gb/s SAS) - Read Intensive - Storage System Device Supported - 6 Pack
$25,043.43 $50,086.86
| Servers | -$122,675.30
10 8 HPE 480 GB Solid State Drive - 2.5" Internal - SATA (SATA/600) - Read Intensive - Server Device Supported - 0.5 DWPD - Hot Pluggable $1,895.73 $15,165.84
11 1 HPE PROLIANT COMPUTE DL360 GEN12 6505P 2.2GHZ 12C 1P 4X32GB-R 8SFF MR408I-O 2X80
$14,598.04 $14,598.04
12 4 HPE Intel E810-XXVDA4 Ethernet 10/25GB 4-Port SFP28 Adapter For HPE (PO8458-B21) - PCI Express 4.0 x16 - 25 Gbit/s Data Transfer Rate - 4 Port(s) - Optical Fiber - 25GBase-X - SFP28 - Plug-in Card
$1,136.49 $4,545.96
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