Agenda packet — Kerman City Council, August 26, 2026

CITY COUNCIL REGULAR MEETING AGENDA
Wednesday, August 26, 2026 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630
Zoom: Kerman City Council Meeting
Telephone Number: (669) 900-6833
Meeting ID: 832 7703 1207
Passcode: 93630
Dial *9 to raise hand. Once called upon, dial *6 to unmute.

LEVINE ACT CONTRIBUTION PROHIBITIONS AND MANDATORY DISCLOSURE. The Political Reform Act in Govt Code Section 84308 restricts campaign contributions over $500 to a decision-making public official from a party or participant or their agent in a proceeding involving a contract, license, permit or entitlement for use. The Act requires disclosure of the contribution and recusal where a decision-maker has received $500 or more from a party or participant to a proceeding in the prior 12 months. Participants and agents are required to make this disclosure as well.

A Council Member’s disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.

CONFLICT OF INTEREST DISCLOSURES AND RECUSAL. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.

1. OPENING CEREMONIES
A. Call to Order
B. Roll Call
C. Invocation
D. Flag Salute

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
To accommodate members of the public or convenience in the order of presentation, items on the agenda may not be presented or acted upon in the order listed. 1 3. PRESENTATIONS/CEREMONIAL MATTERS
A. “No Kill Shelter” Designation Awarded to Kerman Animal Shelter by Best Friend’s Animal Society (SW)
B. Special Recognition (JAJ)

4. PUBLIC FORUM (for matters not on agenda)
This portion of the meeting is reserved for members of the public to address the Council on items of interest that are not on the Agenda and are within the subject matter jurisdiction of the Council.

Speakers shall be limited to three minutes. It is requested that no comments be made during this period on items on the Agenda. Members of the public wishing to address the Council on items on the Agenda should notify the Mayor when that Agenda item is called, and the Mayor will recognize your discussion at that time. It should be noted that the Council is prohibited by law from taking any action on matters discussed that are not on the Agenda. Speakers are asked to please use the microphone and provide their name. Participants on Zoom who wish to address the Council raise your digital hand now or dial *9 to indicate you wish to speak. Once called upon, dial *6.

5. CONSENT CALENDAR
Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote. There will be no separate discussion of these items. If discussion is desired, a member of the audience or a Council Member may request an item be removed from the Consent Calendar and it will be considered separately.

A. SUBJECT: Minutes - August 12, 2026
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 35474-35597 $1,496,967.68 ACH $133,737.71.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
7/19/26 to 8/1/26: $286,404.53; Retro Pay & Other: $2,421.43; Overtime: $11,929.11; Holiday:
$0.00; Standby: $2,373.83; Comp Time Earned: 37.50
RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Consideration of Second Amendment to a Consultant Services Agreement with Rod Carsey, Consulting and Plan Review Services for Building Plan Checking Services (JAJ) 2 RECOMMENDATION: Council adopt a resolution approving a Second Amendment to Consultant Services Agreement with Rod Carsey, Consulting and Plan Review Services for building plan checking services.

E. SUBJECT: Resolution Approving Award of Contract for Orchard Removal at the Wastewater Treatment Plant Complex to JFS Enterprises, Inc. (JG)
RECOMMENDATION: Council adopt the resolution:

1. Awarding contract for orchard removal the Wastewater Treatment Plant Complex to JFS Enterprises, Inc. in the amount of $107,250.00; and

2. Authorizing a 10% construction contingency in the amount of $10,700.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City.

6. PUBLIC HEARINGS – None.

7. DEPARTMENT REPORTS
A. SUBJECT: Approval of Independent Instructor Agreement with Rebecca Klepac to instruct feebased Yoga classes for the Parks, Recreation and Community Services Department (TJ) RECOMMENDATION: Council adopt a resolution approving an Independent Instructor Agreement with Rebecca Klepac to instruct fee-based Yoga classes and authorize the City Manager to execute the contract.

B. SUBJECT: Consideration of Street Naming Request In Recognition of Jay Gill (JAJ) RECOMMENDATION: Council consider the street naming request, determine whether to approve the request regarding part or all of Isabella Avenue, and provide direction to Staff on development of a Street Naming Policy.

C. SUBJECT: Resolution Approving Construction Contract Change Order No. 8 for the Hart Ranch Community Park Project (JG)
RECOMMENDATION: Council adopt the resolution:

1. Approving Construction Contract Change Order No. 8 for the Hart Ranch Community Park Project to Avison Construction, Inc. in the amount of $171,131.00; and

2. Authorizing the City Manager to sign Construction Contract Change Order No. 8 on behalf of the City; and
3 3. Authorizing an additional construction contingency in the amount of $50,000 and authorizing the City Manager to sign future change orders up to $50,000.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS (This portion of the meeting is reserved for the Mayor and Council Members (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items at the request of a Council Member, and (iv) to take action on matters initiated under this section of the agenda items. Under this section the Council may take action only on items specifically agendized and which meet other requirements for action.)

10. CLOSED SESSION
If desired, members of the public may comment on Closed Session items. Members of the public wishing to address Council on Closed Session items should notify the Mayor when that item is called, and the Mayor will recognize your discussion at that time. It should be noted that Council is prohibited from discussing or addressing comments on Closed Session items.

A. Public Employee Performance Evaluation pursuant to Government Code Section 54957 Title: City Manager
B. Conference with Labor Negotiators pursuant to Government Code Section 54957.6 City Designated Representatives: Mayor Pacheco and Mayor Pro Tem Yep Unrepresented Employee: City Manager

11. ADJOURNMENT
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s Office located at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.gov.

ADA Compliance and Reasonable Accommodation. The Council has adopted a Reasonable Accommodation Policy, which is available on the City website at www.cityofkerman.gov or upon request by emailing the City Clerk at [email protected] or calling (559) 550-1510. The Policy provides a procedure for receiving and resolving requests for accommodation to participate in this meeting. If you need assistance in order to attend this Council meeting or require auxiliary aids or services, e.g., hearing aids or signing services to make a presentation to the Council, please contact the City Clerk at (559) 550-1510 or email at [email protected] so such aids or services can be arranged. Accommodations should be requested as early as possible as additional time may be required in order to provide the requested accommodation. The meeting room is accessible to persons with physical disabilities.
4 AGENDA POSTING CERTIFICATION
I, Dalia Santana-Zamudio, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that I caused the above agenda to be posted at City of Kerman Council Chambers at 850 S. Madera Ave., Kerman, CA 93630 and on the City website at www.cityofkerman.gov.

Date: August 21, 2026 /s/ Dalia Santana-Zamudio, City Clerk 5 CITY COUNCIL REGULAR MEETING MINUTES
Wednesday, August 12, 2026 at 6:00 PM
City Hall, 850 S. Madera Avenue, Kerman, CA 93630

1. OPENING CEREMONIES
A. Call to Order - 6:00 p.m.

B. Roll Call - All members present except Mayor Pro Tem Yep and Mayor Pacheco.

C. Invocation - Moment of silence observed.

D. Flag Salute – Performed

2. AGENDA APPROVAL/ADDITIONS/DELETIONS
Written request received from Bill Skinner to postpone item 7.A to the next meeting.

After Council discussion, motion to postpone item 7.A made by Councilmember Dhaliwal, seconded by Councilmember Hall.

Ayes: Dhaliwal, Hall, Herrera
Noes: None
Abstain: None

Absent: Yep, Pacheco
Motion passed 3-0-0-2.

Motion to approve the agenda as amended made by Councilmember Dhaliwal, seconded by Councilmember Hall.

Ayes: Dhaliwal, Hall, Herrera
Noes: None
Abstain: None

Absent: Yep, Pacheco
Motion passed 3-0-0-2.

3. PRESENTATIONS/CEREMONIAL MATTERS - None.

4. PUBLIC FORUM (for matters not on agenda)
Public comment received by Lora Nehring and Zoom caller. 6 Section 5, Item A.

5. CONSENT CALENDAR
A. SUBJECT: Minutes - July 8, 2026
RECOMMENDATION: Council approve minutes as presented.

B. SUBJECT: Warrants (JA)

1. Nos. 35125-35247 $135,666.21 ACH $912,976.99.

2. Nos. 35248-35473 $1,169,004.57 ACH $192,081.52.

RECOMMENDATION: Council approve warrants and electronic bank transfers as presented. (Pursuant to Government Code 37208)
C. SUBJECT: Payroll (JA)
6/21/26 to 7/4/25: $284,834.84; Retro Pay & Other: $2,572.44; Overtime: $13,265.72; Holiday: $2,779.56; Standby: $2,459.92; Comp Time Earned: 61.02 7/5/26 to 7/18/26: $284,899.67; Retro Pay & Other: $3,971.66; Overtime: $12,554.40; Holiday: $0.00; Standby: $1,919.35; Comp Time Earned: 95 RECOMMENDATION: Council approve payroll as presented.

D. SUBJECT: Monthly Investment Report
RECOMMENDATION: Council accept monthly investment report as presented.

E. SUBJECT: Resolution Concerning Local Transportation Purposes Funds (Measure “C”) (JA) RECOMMENDATION: Council by motion adopt resolution approving submittal of Local Transportation Purposes Certification and Claim for Fiscal Year 2026/2027 (Measure “C”). – Res. 26-57
F. SUBJECT: Agreement with CivicPlus for the Transition of Agenda Meeting Management Essential to Agenda Meeting Management Select (DSZ)
RECOMMENDATION: Council adopt resolution approving Statement of Work and related Master Services Agreement with CivicPlus for the transition of Agenda Management Essential to Agenda Management Select and authorizing the City Manager to sign. – Res. 26-58 G. SUBJECT: Third Amendment to Agreement with CSG Consultants, Inc. for Building and Safety Services (JAJ)
7 Section 5, Item A.

RECOMMENDATION: Council adopt resolution approving Amendment No. 3 to the Agreement with CSG Consultants, Inc for Building and Safety Services. – Res. 26-59 H. SUBJECT: Approval of Contract No. 27-0121 Title III C1 Congregate Nutrition Site Management with the Fresno- Madera Area Agency on Aging (TJ)
RECOMMENDATION: Council adopt a resolution approving Contract No. 27-0121 Title III C1 Congregate Nutrition Site Management with the Fresno-Madera Area Agency on Aging and authorizing the City Manager to execute the contract. – Res. 26-60 I. SUBJECT: Pacific Gas and Electric Joint Use Agreement for the Vineland Avenue Widening Project from Whitesbridge Road to 660’ to the South (JG)
RECOMMENDATION: Council adopt a resolution approving an agreement with Pacific Gas and Electric (PG&E) for joint use of public street right-of-way for the Vineland Avenue Widening Project from Whitesbridge Road to 660’ to the South. – Res. 26-61 J. SUBJECT: Consider Resolution Delegating Authority to the City Clerk to Execute Certificates of Acceptance of Deeds Conveying Property Interests to the City. (JAJ & JG) RECOMMENDATION: Council adopt resolution delegating authority to the City Clerk to execute Certificates of acceptance of deeds conveying property interests to the City. – Res. 26-62 K. SUBJECT: Three Year contract with NEOGOV human resource online platform services from September 1, 2026 to June 30, 2029 (JAJ)
RECOMMENDATION: Council adopt resolution approving Order Form contract with NEOGOV and related Sourcewell Master Agreement #030425 for human resource online platform services from September 1, 2026 to June 30, 2029, and authorize the City Manager to sign the contract. – Res. 26-63
Motion to approve the consent calendar made by Councilmember Hall, seconded by Councilmember Dhaliwal.

Ayes: Hall, Dhaliwal, Herrera
Noes: None
Abstain: None

Absent: Yep, Pacheco
Motion passed 3-0-0-2.

6. PUBLIC HEARINGS
Opened at 6:17 p.m.

A. SUBJECT: Public Hearing and Adoption of the City of Kerman’s 2025 Urban Water Management Plan and 2025 Water Shortage Contingency Plan (MB) (AH) 8 Section 5, Item A.

RECOMMENDATION: Council conduct a public hearing regarding the Draft 2025 Urban Water Management Plan (UWMP) and 2025 Water Shortage Contingency Plan (WSCP), adopt (i) Resolution Adopting The 2025 Urban Water Management Plan and (ii) Resolution Adopting the WSCP. – Res. 26-64 & Res. 26-65
Presentation by Angela Hall. Comments from Council.

Closed public hearing at 6:26 p.m.

Motion made by Councilmember Dhaliwal, seconded by Councilmember Hall.

Ayes: Dhaliwal, Hall, Herrera
Noes: None
Abstain: None

Absent: Yep, Pacheco
Motion passed 3-0-0-2.

7. DEPARTMENT REPORTS
A. SUBJECT: Consideration of Street Naming Request In Recognition of Jay Gill (JAJ) RECOMMENDATION: Council consider the street naming request, determine whether to approve the request regarding part or all of Isabella Avenue, and provide direction to Staff on development of a Street Naming Policy.

Item postponed to August 26, 2026.

B. SUBJECT: Award of Contract for the Fiscal Year 25/26 Street Sealing Project to VSS International, Inc. (JG)
RECOMMENDATION: Council adopt the resolution:

1. Awarding the FY 25/26 Street Sealing Project to VSS International, Inc. in the amount of $369,211.00; and

2. Authorizing a 10% construction contingency in the amount of $36,900.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City. – Res. 26-66
Motion made by Councilmember Hall, seconded by Councilmember Dhaliwal.

Ayes: Hall, Dhaliwal, Herrera
Noes: None
Abstain: None

Absent: Yep, Pacheco
Motion passed 3-0-0-2.
9 Section 5, Item A.

C. SUBJECT: Consideration of Opportunity Zone 2.0 Recommendation for Eligible Census Tract in the City of Kerman (FP)
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or designee, to submit a Local Authority Recommendation to the Governor’s Office of Business and Economic Development (GO-Biz) requesting that the following eligible census tracts be considered for Opportunity Zone 2.0 designation: 40.05 (06019004005), 40.06 (06019004006) – Res. 26-67 Motion made by Councilmember Hall, seconded by Councilmember Dhaliwal.

Ayes: Hall, Dhaliwal, Herrera
Noes: None
Abstain: None

Absent: Yep, Pacheco
Motion passed 3-0-0-2.

8. CITY MANAGER/STAFF COMMUNICATIONS

9. MAYOR/COUNCIL REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS

10. CLOSED SESSION - 6:56 p.m.

11. ADJOURNMENT - 7:16 p.m.

MINUTES CERTIFICATION
I, Dalia Santana-Zamudio, City Clerk for the City of Kerman, do hereby declare under penalty of perjury that the above minutes are a true depiction of all actions taken at the City Council meeting held on the first date above written at City Hall, 850 S. Madera Ave, Kerman, CA.

Date: August 13, 2026 /s/ Dalia Santana-Zamudio, City Clerk 10 Section 5, Item A.

Accounts Payable
User:

Printed:

VSandoval
8/17/2026 9:14 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
35474 UB*02148 CRISTOBAL CRUZ RAMIREZ 08/04/2026 195.77 35475 UB*02151 LOREE ETCHISON 08/04/2026 90.95
35476 UB*02147 TALMADGE HORN 08/04/2026 102.39
35477 BP-JOSE JOSEPH CROWN CONSTRUCTION AND DEVELOPMENT INC 08/04/2026 36.07 35478 UB*02150 DAVID LEDESMA 08/04/2026 92.98
35479 UB*02159 GABRIELA LEE 08/04/2026 161.15
35480 UB*02157 BLANCA & JOSE LOPEZ 08/04/2026 15.64
35481 UB*02153 GONZALO MALDONADO 08/04/2026 10.35
35482 UB*02146 OSCAR NAVARRO 08/04/2026 81.08
35483 UB*02158 RODRIGO RAMIREZ 08/04/2026 16.79
35484 UB*02149 ROSA MARIA ROSALES 08/04/2026 123.91
35485 UB*02155 JOSE JUAN MANUEL SERRATO L 08/04/2026 38.39 35486 UB*02152 TEJINDER SINGH 08/04/2026 282.17
35487 UB*02154 JASMINE KAUR THANDI 08/04/2026 63.58
Total for 8/4/2026: 1,311.22
35488 11493 24 / 7 PET VETS 08/05/2026 286.00
35489 11494 AXON ENTERPRISES INC 08/05/2026 1,790.00
35490 11355 BADGER METER 08/05/2026 445.90
35491 10545 WILBERT BARCOMA 08/05/2026 176.00
35492 12476 RUTH BELMONTE 08/05/2026 75.00
35493 10617 C A REDING CO INC 08/05/2026 512.31
35494 10064 CAL VALLEY PRINTING 08/05/2026 229.49
35495 13030 CALIFORNIA TURF EQUIPMENT & SUPPLY INC 08/05/2026 49,865.87 35496 12858 MARISOL CAMACHO 08/05/2026 92.80
35497 13004 ANNA CARLILE 08/05/2026 150.00
35498 12213 PATRICK CLARK 08/05/2026 176.00
35499 10104 COMCAST 08/05/2026 498.48
35500 10114 CROWN SHORT LOAD CONCRETE 08/05/2026 3,065.47 35501 10619 EDD 08/05/2026 5,028.00
35502 10144 ELBERT DISTRIBUTING INC 08/05/2026 592.91
35503 12831 ELITE CHARTERS & TOURS LLC 08/05/2026 2,014.00 35504 12766 BRANDON ESCALERA 08/05/2026 154.00
35505 10157 FERGUSON ENTERPRISES INC 08/05/2026 792.63
35506 10177 GAMETIME 08/05/2026 6,717.89
35507 12719 ANDREW GARCIA 08/05/2026 20.00
35508 10185 GRAINGER 08/05/2026 1,995.26
35509 11358 GREAT AMERICA FINANCIAL SERVICES08/05/2026 791.40 35510 11468 GREEN HILLS NURSERY INC 08/05/2026 919.35
35511 12980 HOLY GROUND MINISTRY 08/05/2026 150.00
35512 10219 JENSEN & PILEGARD INC 08/05/2026 339.91
35513 10485 JP AIR CONDITIONING & HEATING 08/05/2026 620.00 35514 11965 MISSION UNIFORM SERVICE 08/05/2026 191.75
35515 10282 OFFICE DEPOT 08/05/2026 64.92
35516 10289 P.G.& E. 08/05/2026 10,563.85
35517 12026 PRECISION CIVIL ENGINEERING INC 08/05/2026 9,098.70 AP Checks by Date - Summary by Check Date (8/17/2026 9:14 AM) Page 1 11 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35518 10316 R G EQUIPMENT OF FRESNO INC 08/05/2026 918.34 35519 10327 SAFETY KLEEN SYSTEMS INC 08/05/2026 310.00
35520 12475 SAN JOAQUIN PEST CONTROL 08/05/2026 883.00
35521 10332 SEBASTIAN 08/05/2026 2,035.40
35522 12602 SEQUOIA EQUIPMENT COMPANY INC 08/05/2026 400.00 35523 10862 SIGNMAX 08/05/2026 778.72
35524 11650 SITEONE LANDSCAPE SUPPLY, LLC 08/05/2026 2,101.34 35525 12368 SPECIALTY HOSE EXPRESS LLC 08/05/2026 641.52 35526 13027 STAPLES CONTRACT & COMMERCIAL LLC 08/05/2026 1,073.51 35527 11460 SUPERIOR POOL PRODUCTS LLC 08/05/2026 1,327.53 35528 10754 THE HOME DEPOT PRO-SUPPLY WORKS08/05/2026 1,450.10 35529 11502 TIREHUB LLC 08/05/2026 696.66
35530 10379 UNDERGROUND SERVICE ALERT OF 08/05/2026 541.44 35531 10168 UNITY IT 08/05/2026 10,666.49
35532 12178 VALLEY ANIMAL CENTER SPAY & NEUTER CLINIC 08/05/2026 74.06 35533 12628 FRANCISCO VASQUEZ 08/05/2026 154.00
Total for 8/5/2026: 121,470.00
ACH 10147 EMPLOYMENT DEVELOPMENT DEPARTMENT 08/07/2026 11,304.11 ACH 10517 FEDERAL TAXES PAYROLL 08/07/2026 68,019.38
ACH 10518 KERMAN POLICE OFFICERS ASSN 08/07/2026 962.50 ACH 10519 KERMAN MUNICIPAL EMPLOYEES ASSN08/07/2026 277.50 ACH 10520 ICMA-RC 08/07/2026 5,056.56
ACH 10522 CALPERS 08/07/2026 48,117.66
Total for 8/7/2026: 133,737.71
35534 11387 LUISA AGUIRRE 08/13/2026 544.00
35535 10021 ALERT O LITE 08/13/2026 547.99
35536 12537 AMERITAS GROUP INSURANCE CORP- DENTAL CLAIMS 08/13/2026 2,756.86 35537 12530 APOLLO HEALTH INC 08/13/2026 600.00
35538 10040 AT&T MOBILITY 08/13/2026 2,409.72
35539 11324 AVISON CONSTRUCTION INC 08/13/2026 953,215.21 35540 10056 BOGIE'S PUMP SYSTEMS 08/13/2026 2,680.42
35541 12348 BRADY INDUSTRIES 08/13/2026 108.24
35542 10061 BSK ASSOCIATES 08/13/2026 1,525.00
35543 10617 C A REDING CO INC 08/13/2026 126.38
35544 10074 CALIFORNIA PARK/RECREATION SOC 08/13/2026 185.00 35545 10078 CALIFORNIA STATE DISBURSEMENT 08/13/2026 969.23 35546 12844 CALIFORNIA STATE DISBURSEMENT CALIFORNIA STATE DISBURSEMENT 08/13/2026 161.53 35547 13030 CALIFORNIA TURF EQUIPMENT & SUPPLY INC 08/13/2026 561.17 35548 10564 CITY OF KERMAN 08/13/2026 115.00
35549 12205 CONTEMPORARY SERVICES CORPORATION 08/13/2026 222.00 35550 10109 AUDITOR CONTROLLER/TREASURER-TAX COLLECTOR COUNTY OF FRESNO 08/13/2026 133.00 35551 11999 DOG WASTE DEPOT 08/13/2026 315.78
35552 12700 DPREP INC 08/13/2026 425.00
35553 13090 ZOE DUNGAN 08/13/2026 90.00
35554 12521 EDIS 08/13/2026 20,622.53
35555 11550 FRESNO COUNTY SHERIFFS OFFICE - CIVIL UNIT 08/13/2026 137.00 35556 10162 FRESNO COUNTY TREASURER 08/13/2026 26,375.57 35557 10166 FRESNO-MADERA AGENCY ON AGING 08/13/2026 22.35 35558 10185 GRAINGER 08/13/2026 2,112.09
35559 11358 GREAT AMERICA FINANCIAL SERVICES08/13/2026 493.36 35560 11468 GREEN HILLS NURSERY INC 08/13/2026 281.71
35561 10201 HORIZON 08/13/2026 3,358.32
35562 12522 HARMEEN KAUR 08/13/2026 255.00
AP Checks by Date - Summary by Check Date (8/17/2026 9:14 AM) Page 2 12 Section 5, Item B.

Check No Vendor No Vendor Name Check Date Check Amount
35563 12597 KERMAN UNIFIED SCHOOL DISTRICT 08/13/2026 24.03 35564 12171 KINGS WATER ALLIANCE 08/13/2026 10,649.00
35565 10678 MAC'S EQUIPMENT INC 08/13/2026 1,346.08
35566 11703 MAVERICK DATA SYSTEMS LLC 08/13/2026 250.00 35567 10261 MID VALLEY DISPOSAL INC 08/13/2026 173,990.50 35568 11965 MISSION UNIFORM SERVICE 08/13/2026 1,840.40 35569 10289 P.G.& E. 08/13/2026 97,364.66
35570 10290 PACIFIC GAS & ELECTRIC 08/13/2026 19,860.87 35571 12523 PAMOIST PET HOSPITAL 08/13/2026 1,981.22
35572 11473 LORENZO PARRA 08/13/2026 478.00
35573 12842 PRIMO BRANDS 08/13/2026 154.93
35574 12808 QUADIENT FINANCE USA INC 08/13/2026 539.61
35575 10319 RENO'S HARDWARE 08/13/2026 256.85
35576 11714 ROD CARSEY 08/13/2026 764.24
35577 12923 RWE CLEAN ENERGY DCE OPERATIONS LLC 08/13/2026 26,186.79 35578 11428 SHI INTERNATIONAL CORP 08/13/2026 2,278.54
35579 10337 SLUMBERGER LUMBER 08/13/2026 2,252.80
35580 10561 SOUTHERN COMPUTER WAREHOUSE 08/13/2026 1,514.70 35581 12368 SPECIALTY HOSE EXPRESS LLC 08/13/2026 6.85
35582 13027 STAPLES CONTRACT & COMMERCIAL LLC 08/13/2026 735.32 35583 11460 SUPERIOR POOL PRODUCTS LLC 08/13/2026 567.26 35584 12917 SURF THRU INC 08/13/2026 943.50
35585 12115 TAPCO 08/13/2026 1,649.29
35586 12581 TATES TSHIRT DESIGNS AND PRINTS, LLC08/13/2026 16.35 35587 10357 TAYLOR MADE IRRIGATION 08/13/2026 6.06
35588 10360 TERRY JOHNSON TRUCKING 08/13/2026 930.81
35589 10754 THE HOME DEPOT PRO-SUPPLY WORKS08/13/2026 483.57 35590 10168 UNITY IT 08/13/2026 708.34
35591 10387 USA BLUE BOOK 08/13/2026 304.70
35592 10391 VALLEY FARM SUPPLY STORES 08/13/2026 424.66 35593 10394 VALLEY IRON INC 08/13/2026 552.88
35594 13081 KARIME VERDUGO 08/13/2026 150.00
35595 12290 VERIZON 08/13/2026 1,516.00
35596 10406 WEST HILLS OIL INC 08/13/2026 296.19
35597 11907 SPRINGBROOK HOLDING COMPANY LLC08/13/2026 1,966.00 Total for 8/13/2026: 1,374,340.46
Report Total (130 checks): 1,630,859.39
AP Checks by Date - Summary by Check Date (8/17/2026 9:14 AM) Page 3 13 Section 5, Item B.

CITY OF KERMAN PAYROLL REPORT

RETRO PAY GROSS COMP TIME
& OTHER Hours Amount Hours Amount Hours Amount SALARY EARNED Grand Total $ 286,404.53 $ 2,421.43 228.91 $ 11,929.11 - $ - 99.50 $ 2,373.83 $ 303,128.91 37.50 PAY PERIOD: July 19, 2026 - August 1, 2026
OVERTIME HOLIDAY at 1/2 TIME STANDBY Salary

Page 1 ends

14 Section 5, Item C.

STAFF REPORT
MEETING DATE: August 26, 2026
PRESENTER: John Jansons, City Manager
SUBJECT: Consideration of Second Amendment to a Consultant Services Agreement with Rod Carsey, Consulting and Plan Review Services for Building Plan Checking Services (JAJ) RECOMMENDATION: Council adopt a resolution approving a Second Amendment to Consultant Services Agreement with Rod Carsey, Consulting and Plan Review Services for building plan checking services.

DISCUSSION:

On March 11, 2020, City Council approved a professional services agreement with Rod Carsey, Consulting and Plan Review Services (Rod Carsey) to provide building plan checking services for the Building Division of the Community Development Department (CDD). Rod Carsey currently provides the City with plan checking services for public and private projects, including commercial and residential plan reviews.

On June 28, 2023, the agreement was extended by a First Ammendment to June 30, 2026. City staff continue to be very satisfied with the services delivered by Rod Carsey to date and desire to continue his services as they have been economical, prompt, and responsive. Therefore, staff is recommending approval of a Second Amendment to the consultant services agreement.

The services agreement will be subject to the terms listed below and as further defined in the Professional Service Agreement attached as Exhibit 'A' of Attachment 'A'.

Term Three years ending on June 30, 2029 or by 30
Day Notice by City
Base Fee 50% of the Plan Check fee charged by the City
Plan Addendums $73 per hour
Expedited Plan Review 50% of the Plan Check fee charged by the City plus $73 per hour
FISCAL IMPACT:

Plan checking services are included as part of the annual budget process. Plan checking fees are reimbursed to the City and paid by private developers for their projects.

ATTACHMENTS:

A. Resolution w/Exhibits
15 Section 5, Item D.

Attachment 'A'
RESOLUTION NO. 26-_

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING SECOND

AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH ROD CARSEY CONSULTING

AND PLAN REVIEW SERVICES FOR BUILDING PLAN CHECKING SERVICES WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 11, 2020, the City of Kerman (City) entered into an agreement with Rod Carsey Consulting and Plan Review Services (Consultant) for building plan checking services; and
WHEREAS, the agreement was extended by a First Amendment on June 28, 2023 to June 30, 2026.

WHEREAS, fundsfor plan checking services are budgeted annually to continue to procure these services; and
WHEREAS, City and Consultant desire to extend the Agreement through a Second Amendment continuing these services through June 30, 2029, or by termination of the agreement by either party.

NOW, THEREFORE, the Kerman City Council resolves as follows:

SECTION 1. The foregoing recitals are true and correct and incorporated by reference.

SECTION 2. The Council approves the Second Amendment to Agreement with Rod Carsey Consulting and Plan Review Services attached hereto as Exhibit 'A'.

SECTION 3. The City Manager or his designee is authorized to execute the First Amendment.

SECTION 4. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 26th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
16 Section 5, Item D.

The foregoing resolution is hereby approved.
_____________
Maria Pacheco
Mayor
ATTEST:
__________
Dalia Santana-Zamudio
City Clerk
17 Section 5, Item D.

Exhibit 'A'

SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF KERMAN AND ROD CARSEY

CONSULTING AND PLAN REVIEW SERVICES FOR BUILDING PLAN CHECKING SERVICES This Second Amendment to Agreement with Rod Carsey Consulting and Plan Review Services for building plan checking services is entered between the City of Kerman, a California municipal corporation, (hereinafter referred to as "CITY") and Rod Carsey Consulting and Plan Review Services (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, the City of Kerman requires professional support services; and WHEREAS, on March 11, 2020, the City of Kerman (City) entered into an agreement with Rod Carsey Consulting and Plan Review Services (Consultant) for building plan checking services; and
WHEREAS, the initial agreement expired on June 30, 2023 and was extended by a First Amendment on June 28, 2023 to June 30, 2026; and
WHEREAS, funds are allocated annually in the City budget to continue the services provided by Consultant; and
WHEREAS, City and Consultant desire to extend the Agreement through a Second Amendment effective July 1, 2026 through June 30, 2029.

NOW, THEREFORE, the parties hereby agree as follows:

1. Section 1 titled "Scope of Services" is amended to read as follows:

Section 1. Scope of Services. CONSULTANT shall perform to the satisfaction of CITY, services as requested by CITY as specifically set forth in this Second Amendment of Exhibit 'A-1' which is attached hereto and hereafter referred to as "Second Amendment Scope of Services."

2. Section 2 titled, “Term of Agreement” is amended to read as follows:

Term of Agreement. The Second Amendment to Agreement shall be effective from July 1, 2026 to June 30, 2029, subject to any earlier termination in accordance with this Agreement.

3. Section 3 titled, “Compensation” is amended to read as follows:

Compensation. Effective July 1, 2026, CONSULTANT'S sole compensation for satisfactory performance of all services required or rendered pursuant to this 18 Section 5, Item D.

Agreement shall be at the rate and schedules attached hereto as Exhibit 'A-2', referred to "Second Amendment Fee Schedule", which includes flat rate, percentage base rate, and hourly charges. CONSULTANT acknowledges at the flat fee and percentage base rates are subject to change upon the City's approval of new fees.

4. Except as amended by this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS HEREOF, the Parties have caused this Second Amendment to the Agreement to be executed by their duly authorized representatives
CITY OF KERMAN: ROD CARSEY CONSULTING AND PLAN REVIEW
SERVICES:
_ __ ______
John Jansons, City Manager Name, Title
DATE: ___ DATE: ___

ATTEST:
_ __
Dalia Santana Zamudio, City Clerk
DATE: ___
APPROVED AS TO FORM:
_ _____
Hilda Cantu Montoy, City Attorney
DATE: ___
19 Section 5, Item D.

Exhibit 'A-1'

SECOND AMENDMENT SCOPE OF SERVICES
A. SCOPE OF SERVICE:

1. Perform plan checking services for commercial, residential, and solar projects on behalf of the City as directed by the City Manager or his/her designee.

2. Perform plan checking addendums for commercial, residential, and solar projects on behalf of the City as directed by the City Manager or his/her designee.

3. Perform other plan checking and/or plan review-related consultative support services as requested

4. Plan reviews will consist of building, mechanical, plumbing, electrical, energy and ADA requirements. Plan checking will be reviewed under the most recent adopted Uniform Building Codes and compared against City ordinances and related policies.

B. ELECTRONIC PLAN REVIEW AND COMMENTS:

1. The City will transmit to the Plans Examiner job information including a receipt copy of the total plan checking fee charged by the City.

2. All plans will be reviewed electronically using Bluebeam Revu. The Plans Examiner will prepare a plan checking letter with all building code-related comments. The letter will be emailed to the City unless directed otherwise.

C. REVIEW TIME:1

1. First-time submittal of plans will be reviewed within 15 to 20 business days. The second and subsequent submittal of plans will be reviewed within 10 to 15 business days. Non-expedited plan submittals will be reviewed on a first come - first serve basis.

2. Plans submitted for expedited plan review will be reviewed within 5 to 15 business days.
1 Review times as described in C. 1 and C. 2 may vary due to volume and complexity of plan review
20 Section 5, Item D.

Exhibit 'A-2'

SECOND AMENDMENT FEE SCHEDULE
FEE FOR SERVICES:

1. The Plans Examiner shall be entitled to 50% of the total plan checking fee charged by the City for all projects.

2. Addendum 2 plan review will be plan-checked on an hourly rate set at $73.

3. Expedited plan reviews will be done at a rate of 50% of the City plan checking fee plus $73 an hour.

4. Participate and attend meetings on behalf of the City as directed will be at an hourly rate set at $55.

INVOICE AND PAYMENT METHOD:

An invoice shall be submitted via email to the City no later than the 10th day of every month for work completed in the previous month. The City must review, request clarification or corrections, and remit payment within 30 days from the date of invoice. Said payment shall be made out to Rod Carsey.
2 Addendum shall mean a revision or correction to plans that have been plan checked and received an "Approval" stamp from the Plans Examiner.
21 Section 5, Item D.

STAFF REPORT
MEETING DATE: August 26, 2026
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Resolution Approving Award of Contract for Orchard Removal at the Wastewater Treatment Plant Complex to JFS Enterprises, Inc. (JG)
RECOMMENDATION: Council adopt the resolution:

1. Awarding contract for orchard removal the Wastewater Treatment Plant Complex to JFS Enterprises, Inc. in the amount of $107,250.00; and

2. Authorizing a 10% construction contingency in the amount of $10,700.00; and

3. Authorizing the City Manager to sign the construction contract on behalf of the City; and

4. Authorizing the City Manager to sign change orders, up to the additional contingency amount, on behalf of the City.

DISCUSSION:

The Wastewater Treatment Plant Complex located south Kerman includes 27 acres of tree orchard that has been historically leased for almond production. At the end of the 2024 crop season, the leasehold farmer no longer wished to farm the orchard because the trees were beyond their useful lifespan and it was no longer economically feasible to continue farming that orchard. Subsequent lack of interest by other farmers confirmed that the orchard was beyond its useful life and should be removed.

The proposed contract, Exhibit ‘A’ to the Resolution, with JFS Enterprises will mechanically remove the existing almond trees, chip the wood debris, and include removal and disposal from the City owned property.

On July 13, 2026, the City electronically mailed and advertised on its website a request for bids with five contractors submitting by the 2:00 PM deadline of August 5, 2026. The results are as follows:

Contractor Base Bid
JFS Enterprises, Inc. $107,250.00
HD Matthews Demolition & Excavation $121,000.00
Alpha1 Engineering, P.C. dba Alpha 1 $125,125.00
Alpha Petroleum Transport, Inc. $158,365.10
Apex Enterprises, Inc. $418,000.00
22 Section 5, Item E.

The engineer’s construction estimate for the Project was in the amount of $124,000. Staff has reviewed the bid submitted by JFS Enterprises, Inc. and determined the bid received to be responsive and JFS Enterprises, Inc. to be a responsible contractor.

FISCAL IMPACT:

The total estimated Project cost is $138,000 which includes design, construction, construction management, and contingency. The Project will be funded from the Capital Project funds from Wastewater, Water and Storm Drain funds.

ATTACHMENTS:

A. Resolution w/Exhibit
B. Vicinity Map
23 Section 5, Item E.

Attachment ‘A’
RESOLUTION NO. 26-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN APPROVING AWARD OF

CONTRACT FOR ORCHARD REMOVAL AT THE WASTEWATER TREATMENT PLANT COMPLEX TO JFS ENTERPRISES, INC., IN THE AMOUNT OF $107,250.00.

WHEREAS, the project cost was estimated at $124,000, which is within the threshold for undergoing an informal bid process; and
WHEREAS, an Invitation to Bid for Wastewater Treatment Facility Orchard Removal Project, was electronically mailed to contractors who perform the need services as obtained from the San Joaquin Valley Air Pollution Control District’s website, and was advertised on the City’s website on July 13, 2026, in accordance with the City’s Informal Contract Procedures and California Public Contract Code Section 22037; and
WHEREAS, the Project consists of the mechanical removal of almond trees, chipping of wood debris, and debris removal; and
WHEREAS, the City Engineer’s Estimate was $124,000.00; and WHEREAS, the following bids for the Project were received at the Kerman City Hall by 2:00 PM deadline on August 5, 2026.

SECTION 1: The foregoing recitals are true and correct and incorporated by reference.

SECTION 2: Upon the recommendation of the City Engineer, the Council Awards a Contract (Exhibit ‘A’) for Orchard Removal at the Wastewater Treatment Plant Complex to JFS Enterprises, Inc., 2787 W. Bullard Avenue, Suite 109B, Fresno, CA 93711, in the amount of One Hundred Seven Thousand Two Hundred and Fifty Dollars and Zero Cents ($107,250.00) which is incorporated by reference.

SECTION 3: The City Manager is authorized to complete and sign the City's standard form of agreement for construction projects, as contained in the bid package on behalf of the City of Kerman.
24 Section 5, Item E.

SECTION 4: The City Manager is authorized to sign change orders, up to the additional contingency amount, on behalf of the City.

SECTION 5: This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of at a regular meeting Kerman held on the 26th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Dalia Santana-Zamudio
City Clerk
25 Section 5, Item E.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 14

DRAFT CONTRACT
THIS CONTRACT, is made by and between ,
hereinafter called the Contractor, and the City of Kerman, hereinafter called the Owner.

WITNESSETH:

The Contractor and the Owner, for the consideration hereinafter stated, agree as follows:

1. SCOPE OF WORK
The Contractor agrees to furnish all labor and materials, including tools, implements, and appliances required, and to perform all the work in a good and workmanlike manner, free from any and all liens and claims of mechanics, teamsters, draymen, and laborers required for the

WASTEWATER TREATMENT FACILITY ORCHARD REMOVAL
as shown on the plans prepared by Yamabe & Horn Engineering, Inc., in strict compliance with the Plans, Drawings and Specifications therefore prepared by the Owner and other Contract Documents relating thereto.

2. CONTRACT DOCUMENTS
The term Contract includes all “Contract Documents” which include the following:

A. Advertisement (Notice Inviting Bids)
B. Wage Scale (Prevailing Wages)
C. Standard Specifications
D. Special Provisions
E. Plans and Drawings
F. Addenda and Bulletins
G. Contractors Bid Proposal hereto attached
H. This Contract
In the event of a conflict between this Contract and any portion of the Standard Specifications or Special Provisions, to the extent of such conflict, this Contract shall control.

3. COMPENSATION
The Owner agrees to pay the Contractor for the performance of the Contract the sum of ($ ____).

It is understood that said price is based upon the estimated quantities of materials to be used as set forth in the Proposal; and upon completion of the project, the final contract price shall be revised, if necessary, to reflect the true quantities used at the stated unit price thereof as contained in the Contractor’s Proposal hereto attached.

4. SUSPENSION OF THE WORK
A. General: The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Owner. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall Exhibit 'A'
26 Section 5, Item E.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 15
be without liability to the Contractor on the part of the Owner except as otherwise provided in subsection 7C.

B. Archaeological and Paleontological Discoveries: If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer.

Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with Section 7.

5. TERMINATION OF THE CONTRACT FOR DEFAULT
A. General: If, prior to the acceptance of the Work, the Contractor:
(1) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(2) Disregards written instructions from the Engineer or materially violates provisions of the Contract Documents;
(3) Fails to prosecute the Work according to the schedule approved by the Engineer; (4) Disregards laws or regulations of any public body having jurisdiction; or (5) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the Owner will consider the Contractor in default of the Contract.

B. Notices: Notices and other written communications regarding default between the Contractor, the Owner, and the Surety shall be transmitted as follows:
(1) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Simultaneously, the Owner may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

C. Notice to Cure: The Owner will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within 5 Working Days after receipt.

D. Notice of Termination for Default: If the Contractor fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the Owner will recommend to the Board that the Contractor be found in default of the Contract and upon such finding by the Board:
(1) Will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; 27 Section 5, Item E.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 16
(2) May use any materials, equipment, tools, or other facilities furnished by the Contractor to secure and maintain the Work site; and
(3) May furnish labor, equipment, and materials the Owner deems necessary to secure and maintain the Work site.

The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

E. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the Contractor under the Contract. If the Surety fails to protect and maintain the Work site, the Owner may do so, and may recover all costs incurred. The Surety shall notify the Owner that it is assuming all rights, obligations, and liabilities of the Contractor under the Contract and all money that is due, or would become due, to the Contractor shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Owner a written plan detailing the course of action it intends to take to remedy the default. The Owner will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the Owner, the Owner may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the Owner deems to be expedient.

The cost of completing the Work by the Owner shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay the Owner, within 30 Days after the Owner submits an invoice, all costs in excess of the remaining Contract Price.

F. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the Owner by the acts of the Contractor.

6. TERMINATION OF THE CONTRACT FOR CONVENIENCE
The Owner may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the Owner.

A. Notice: The Owner will issue a written notice of termination for convenience as follows:
(1) Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the Contractor by personal delivery may be made to the Contractor’s authorized representative at the Work site; or
(2) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 17
B. Cessation of Work: Upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete by the Engineer or required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work.

C. Payment: The Contractor will be paid without duplication for:
(1) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(3) Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the Owner no later than 90 days from the effective date of termination, unless extended, in writing, by the Owner upon written request by the Contractor.

If the Contractor fails to submit a proposal, the Owner may determine the amount, if any, due the Contractor as a result of the termination. The Owner will pay the Contractor the amount it determines to be reasonable. If the Contractor disagrees with the amount determined by the Owner as being reasonable, the Contractor shall provide notice to the Owner within 30 Days of receipt of payment. Any amount due shall be as later determined by arbitration, if the Owner and the Contractor agree thereto, or as fixed in a court of law.

7. DELAYS AND EXTENSIONS OF TIME
A. General: If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of Contract time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather, or elements necessitating cessation of work, inability to obtain materials, labor, or equipment, required Extra Work, or other specific events as may be further described in the Special Provisions.

No extension of time will be granted for a delay caused by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and the approved construction schedule.

If delays beyond the Contractor’s control are cause by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Owner. The Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in Subsection 7C of this Contract.

If delays beyond the Contractor’s control are caused solely by action or inaction of the Owner, such delays will entitle the Contractor to an extension of time per subsection B of this Contract.

B. Extensions of Time: Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work.
29 Section 5, Item E.

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C. Payment for Delays: Pursuant to Public Contract Code Section 7102, the Contractor will be compensated for damages incurred due to delays for which the Owner is responsible.

Such actual costs will be determined by the Engineer. The Owner will not be liable for damages which the Contractor could have avoided by any reasonable mans, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer.

D. Written Notice and Report: If the Contractor desires payment for a delay as specified in subsection C above or an extension of time, it shall file with the Engineer a written request and report of cause within 30 Days after the beginning of the delay. The request for payment or extension must be made at least 15 days before the specified completion date.

Failure by the Contractor to file these items within the times specified will be considered grounds for refusal by the Owner to consider such a request.

E. Time of Completion: The Contractor shall complete the Work in the time specified in the Contract or the Special Provisions. The Contractor shall complete each portion of the Work within the time specified as in the Contract or the Special Provisions for such portion.

Unless otherwise specified in the Contract or the Special Provisions, the time of completion of the Contract shall be expressed in Working Days.

F. Contract Time Accounting: The Engineer will make a daily determination of each Working Day to be charged against Contract time. These determinations will be discussed, and the Contractor will be furnished a periodic statement showing the allowable number of Working Days of Contract time, as adjusted at the beginning of the reporting period. The statement will also indicate the number of Working Days charged during the reporting period and the number of Working Days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 Days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.

8. COMPLETION, ACCEPTANCE, AND WARRANTY
A. Completion: The Contractor shall submit a written assertion that the Work has been completed. If, in the Engineer’s judgment, the Work has been completed in accordance with the Contract Documents, the Engineer will set forth in writing the date the Work was completed. This will be the date when the Contractor is relieved from responsibility to protect and maintain the Work, and to which liquidated damages will be computed.

B. Acceptance: Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Engineer’s judgment, the Contractor has fully performed the Contract, the Engineer will recommend to the Board that the Contractor’s performance of the Contract be accepted.

C. Warranty: The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 1 year. The warranty period shall start on the date the Work was completed as determined by the Engineer.

The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.

All warranties express or implied, from subcontractors, manufacturer, or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the Owner, and such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the Contract.
30 Section 5, Item E.

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SAMPLE CONTRACT 19
The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Owner may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the Owner for the actual costs, the Contractor’s Surety shall be liable for the cost thereof.

9. LIQUIDATED DAMAGES
Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Owner. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with Section 7 above, the Contractor shall pay to the Owner, or have withheld from monies due it, the sum of $500.00, unless otherwise specified in the Special Provisions.

Execution of the Contract shall constitute agreement by the Owner and the Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

10. INDEMNIFICATION
To the maximum extent permitted by Civil Code Section 2782 et seq., Owner shall not be liable for, and Contractor shall defend, indemnify, and hold harmless Owner and its officers, agents, engineers, architects, consultants, employees and volunteers (collectively “Owner Parties”), against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively referred to as “Claims”), which arise out of or are in any way connected to the work covered by this Contract arising either directly or indirectly from any act, error, omission or negligence of Contractor or its officers, employees, agents, contractors, sub-contractors, licensees or servants, including, without limitation. Claims caused by the concurrent negligent act, error, or omission, of Owner Parties. However, Contractor shall have no obligation to defend or indemnify Owner Parties against Claims caused by the active negligence, sole negligence, or willful misconduct of Owner Parties. This indemnification shall apply to all liability, as provided for above, regardless of whether any insurance policies are applicable, and insurance policy limits do not act as a limitation upon the amount of the indemnification to be provided by the Contractor.

11. INSURANCE
Contractor, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Contract, the following-described insurance coverage, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers’ compensation and employer’s liability insurance, the Owner, its officers, agents, and employees of each of them:

A. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
31 Section 5, Item E.

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(3) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance.

B. MINIMUM LIMITS OF INSURANCE
Contractor shall maintain limits no less than:
(1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury, and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this product / location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage. (3) Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductible or self-insured retentions must be declared to and approved by the Owner.

At the option of the Owner, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Owner, its officers, officials, employees, and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. OTHER INSURANCE PROVISIONS
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The Owner, its officers, officials, employees, agents, and volunteers are to be covered as insureds evidenced by Insurance Services Office endorsements CG 20 10 and CG 20 37 as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied, or used by the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Owner, its officers, officials, employees, agents, or volunteers.
(2) For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Owner, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the Owner, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Owner, its officials, employees, agents, or volunteers.
(4) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. (5) Each insurance policy required by this clause shall be endorsed to state the coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the Owner.
32 Section 5, Item E.

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SAMPLE CONTRACT 21
E. ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less the A:VII.

F. VERIFICATION OF COVERAGE
Contractor shall furnish the Owner with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the Owner. All endorsements are to be received and approved by the Owner before work commences. As an alternative to the Owner’s forms, the Contractor’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

G. SUBCONTRACTOR
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Contractors Property Damage Liability insurance shall include coverage for property damage caused by blasting, collapse, structural injuries, or damage to underground utilities. The policy shall not contain “x”, “c” or “u” exclusions.

Certificates of such insurance shall be filed with the Owner concurrently with the execution of this Contract or, with Owner’s approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the Owner.

12. WORKERS COMPENSATION
Contractor represents that the Contractor has secured the payment of Worker’s Compensation in compliance with the provisions of the Labor Code of the State of California and during the performance of the work contemplated herein will continue so to comply with said provisions of said Code. Contractor shall supply the Owner with certificates of insurance, in triplicate, evidencing that Worker’s Compensation Insurance is in effect and providing that the Owner will receive ten (10) days written notice of cancellation. If the Contractor self-insures Worker’s Compensation, Certificate of Consent of self-insured shall be provided the Owner.

13. BONDS
The Contractor shall forthwith furnish in triplicate two bonds, each in the amount of 100 percent of the Contract price. One shall serve as security for the faithful performance of the work (hereafter “Performance Bond”). The second bond shall serve as security for the faithful performance and satisfaction of the persons furnishing materials and performing labor on the work (hereafter “Payment Bond”). Both bonds shall be written by a surety company licensed to transact surety business in the State of California and in the form prescribed by law.

The Performance Bond shall remain in force throughout the period required to complete the work and thereafter for a period of 365 calendar days after final acceptance of the work. The Payment Bond will be released 35 days after the recording date of the Notice of Completion, provided no liens are filed with the Owner. The Payment Bond shall contain provisions such that if the Contractor or its subcontractor shall fail to pay (a) amounts due under the Unemployment Insurance Code with respect to work performed under the contract, or (b) any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of the employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the surety will pay these 33 Section 5, Item E.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 22
amounts. In case suit is brought upon the payment bond, the surety will pay reasonable attorneys’ fees to be fixed by the court.

14. DEFECTIVE MATERIALS; DEFECTIVE WORK
Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, all within twelve (12) months after date on which the completed project is accepted by the Owner, the undersigned agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the Owner, to replace any such materials and to repair said work completely without cost to the Owner so that said work will function successfully as originally contemplated.

The Owner shall have the unqualified right to make any needed replacement or repairs after a written notice to cure has been served upon the Contractor and a reasonable time to cure has expired. In the event the Owner elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made within a reasonable time after the receipt of demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred by reason of the said failure or refusal.

15. LABOR STANDARDS
A. General: Contractor agrees that construction work shall be subject to the provisions of State and local regulations. In particular, Contractor agrees to comply with all applicable Labor Code requirements whether or not expressly stated herein.

B. Wages:
(1) General: The Contractor and each subcontractor engaged in the work shall pay each employee an amount not less than the rate established for each trade or occupation listed by the Director of the Department of Industrial Relations, State of California. An employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.
(2) State: The Owner has obtained from the Department of Industrial Relations the general prevailing rate of wages in the vicinity of the work to be performed under this Contract.

These wage rates are maintained on file by Owner at its principle office and will be made available to any interested party upon request.
(3) Enforcement: These wage rates shall be enforced under Sections 1770 through 1780 of the California Labor Code. The Contractor shall be liable for forfeitures or penalties incurred from noncompliance with Labor Code provisions. (4) Payroll Records: Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the work on the Project. Such records shall be certified and available for inspection at all reasonable hours at the principal place of the Contractor as required by Labor Code Section 1776. Certified payrolls shall be submitted weekly to Owner c/o Yamabe and Horn Engineering Inc. Electronic certified 34 Section 5, Item E.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 23
payrolls shall also be submitted weekly directly to the Labor Commissioner, Division of Labor Standards Enforcement.

C. Preference for Resident Labor: Whenever possible in the employment of labor for performance of the work, the Contractor shall give preference to qualified persons residing within the general area of the work.

D. Hours of Labor: Pursuant to the Labor Code, eight hours of labor shall constitute a legal day's work. The Contractor or any subcontractor shall not require any more than eight hours of labor in a day from any person employed in the performance of the work under this Contract except for authorized work as provided under paragraph Subsection E below.

Failure of the Contractor to perform the work in accordance with this policy of the State of California shall be deemed a failure to comply with the provisions of this Contract.

E. Overtime Work: In accordance with Labor Code Section 1813, the Contractor shall as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit twenty-five ($25.00) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which said worker is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of Labor Code Sections 1810- 1815.

Overtime and shift work may be established as a regular procedure by the Contractor with reasonable notice and written permission of the Owner. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 p.m. and 7:00 a.m. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.

Contractor agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays between the hours of 6:00 p.m. and 7:00 a.m. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. Contractor agrees that Owner shall deduct such charges from payments due the Contractor.

F. Apprentices: The Contractor and subcontractors shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship Standards and its branch offices.

G. Compliance with SB 854: California Labor Code: Contractor represents that it has complied and will continue to comply with all applicable registration and disclosure requirements of SB 854 and acknowledges the following:
(1) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]
(2) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
35 Section 5, Item E.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 24
(3) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
(4) No bid proposals will be accepted, nor any contract entered into with a contractor without proof of registration described above.
(5) Contractor must post any job site notices required by regulation. It is the Contractor’s responsibility to know the current regulations.
(6) Contractor must furnish electronic certified payroll records to the Division of Labor Standards Enforcement (“Labor Commissioner”) as required. The Contractor is responsible for checking with the Department of Industrial Relations for any notices regarding this requirement.

16. LAWS, REGULATIONS AND PERMITS
A. General: The Contractor shall give the notices required by law and comply with all laws, ordinances, rules, and regulations pertaining to the conduct of the work. The Contractor shall be liable for violations of the law in connection with work provided by the Contractor.

If the Contractor observes that the drawings, specifications are at variance with any laws, ordinances, rules or regulations, the Contractor shall promptly notify the Engineer in writing of such variance. The Owner shall promptly review the matter and, if necessary, shall issue a change order or take any other action necessary to bring about compliance with the law, ordinance, rule, or regulation in question. Contractor agrees not to perform work known to be contrary to any laws, ordinances, rules, or regulations.

B. Permits and Licenses: Unless otherwise specified herein, permits and licenses from governmental agencies which are necessary only for and during the prosecution of the work and the subsequent guarantee period shall be secured and paid for by the Contractor. Permits and licenses of regulatory agencies which are necessary to be maintained after completion of the guarantee period shall be secured and paid for by the Owner.

C. Patents and Royalties: The costs involved in fees, royalties or claims for any patented invention, article, process, or method that may be used upon or in a manner connected with the work under this Contract or with the use of completed work by the Owner, shall be paid by the Contractor. The Contractor and Contractor's sureties shall protect, defend, and hold Owner together with Owner's officers, agents, and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this Contract, the Contractor shall, if requested by the Owner, furnish acceptable proof of a proper release from all such fees or claims.

Should the Contractor, agent, employee or any of them be enjoined from furnishing or using any invention, article, material or plans supplied or required to be supplied or used under this contract, the Contractor shall promptly pay such royalties and secure the requisite licenses; or, subject to acceptance by the Owner, substitute other articles, materials or appliances in lieu thereof which are of equal efficiency, quality, finish, suitability and market value to those planned or required under the Contract. Descriptive information of these substitutions shall be submitted to the Engineer for determination of general conformance to the design concept and the construction Contract. Should the Owner elect to refuse the substitution, the Contractor agrees to pay such royalties and secure such valid licenses as may be requisite for the Owner, Owner's officers, agents, and employees or any of them, to use such invention, article, material, or appliance without 36 Section 5, Item E.

Wastewater Treatment Facility Orchard Removal
SAMPLE CONTRACT 25
being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.

17. CALIFORNIA LAW AND VENUE
The terms of this Contract shall be governed by and construed in accordance with the laws of the State of California applicable to contracts entered into and to be performed in California. In the event any part of this Contract shall be held to be invalid, void, or otherwise unenforceable for any reason, the Contract shall be modified rather that voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Contract shall remain valid and enforceable.

18. MUTUAL NEGOTIATION
Contractor acknowledges that the provisions herein have been mutually negotiated and neither party shall be construed to be the drafter of this Contract.

19. ATTORNEY’S FEES
In the event of litigation concerning this Contract the prevailing party shall be awarded reasonable attorney fees and costs of suit, in addition to appropriate compensatory damages or other relief ordered for the benefit of the prevailing party.

IN WITNESS WHEREOF, the parties have executed this Contract this _____________ day of ______________________, ________.

City of Kerman
(Owner) (Contractor)
By: By:

City Manager (Name)
Approved as to Form: Title:

City Attorney Federal Taxpayer I.D. No.
37 Section 5, Item E.
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Exhibit
38 Section 5, Item E.

STAFF REPORT
MEETING DATE: August 26, 2026
PRESENTER: Lucus Ortega, Recreation Coordinator
SUBJECT: Approval of Independent Instructor Agreement with Rebecca Klepac to instruct feebased Yoga classes for the Parks, Recreation and Community Services Department (TJ) RECOMMENDATION: Council adopt a resolution approving an Independent Instructor Agreement with Rebecca Klepac to instruct fee-based Yoga classes and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY:

On July 16, 2026, staff met with Yoga Instructor Rebecca Klepac to discuss her interest in offering a fee-based yoga class as part of the fitness class offerings provided through the Parks, Recreation and Community Services Department. Ms. Klepac has been teaching yoga at Goldenrod Elementary School as a club to students twice a week to improve their well-being.

She is self-taught but has 28 years of experience with different yoga variations.

City staff and Ms. Klepac have agreed to an 80/20 split of registration fees collected as her compensation and have reviewed the terms of her Independent Instructor Agreement (Exhibit ‘A’) with the City of Kerman.

Ms. Klepac accepted the terms presented in the Independent Instructor Agreement and requested that staff proceed with Council approval.

FISCAL IMPACT:

Instructor compensation will be paid each month for 80% of the registration fees collected.

ATTACHMENTS:

A. Resolution w/Exhibit
39 Section 7, Item A.

Attachment ‘A’
RESOLUTION NO. 26-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN

APPROVING INDEPENDENT INSTRUCTOR AGREEMENT WITH INSTRUCTOR

REBECCA KLEPAC AND AUTHORIZING CITY MANAGER TO EXECUTE
WHEREAS, the City of Kerman Parks, Recreation, and Community Services Department provides programs, classes, and events to participants of all ages at the Kerman Community/Teen Center; and
WHEREAS, Instructor Rebecca Klepac will provide instruction for Yoga classes to be offered through the Parks, Recreation, and Community Services Department; and WHEREAS, the City of Kerman conducted a review of the current Independent Instructor Agreement to review terms of instructor compensation; and WHEREAS, the City Council of the City of Kerman wishes to enter into a new agreement with the Yoga Instructor Rebecca Klepac.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KERMAN HEREBY RESOLVES as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. The Council approves the Independent Instructor Agreement with Rebecca Klepac attached as Exhibit ‘A’ and authorizes the City Manager to execute the agreement and all necessary supporting documents.

3. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 26th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.
_________________________
Maria Pacheco
ATTEST: Mayor
__________________________
Dalia Santana-Zamudio
City Clerk
40 Section 7, Item A.

Exhibit ‘A’
City of Kerman
850 S. Madera Ave
Kerman, CA 93630
559-550-0956
www.cityofkerman.org

INDEPENDENT INSTRUCTOR AGREEMENT
Instructor: Rebecca Klepac Class Title: Exercise Class - Yoga Mailing Address: 414 S Second St
City, Zip Code: Kerman, CA 93630
Work Phone: 559-475-0400
Other Phone:

This Agreement is entered into on September 1, 2026, by the City of Kerman, hereinafter referred to as “City,” and Rebecca Klepac, hereinafter referred to as “Instructor.” Both parties hereto agree as follows:

1. The City is responsible for managing all aspects of Yoga classes, including scheduling the classes in the Community Center, marketing, and registration.

2. The City retains an independent Instructor to conduct City-scheduled Yoga classes.

3. The instructor shall maintain the premises in a neat, clean, and sanitary condition. The instructor shall not make any alterations to the facility, whether temporary or permanent, without the City's prior written approval.

4. The Instructor shall conduct said class as indicated per this Agreement. The Community Services Director must approve any deviation before it is initiated.

5. The instructor agrees to conduct the class with a minimum of 5 students and a maximum of the number the facility can accommodate. The instructor may have the option of conducting the class with fewer than the minimum number of students. The instructor must hold the first class meeting regardless of the number of pre-registrations; the City will determine class cancellation after the first class meeting.

6. The instructor shall be responsible for the following:
 Provide quality instruction and class content for classes held on Tuesdays and Thursdays from 7:15 to 8:30 PM at the Kerman Community Center  Class is to be conducted safely, with all students being treated with respect. 41 Section 7, Item A.
 Be punctual and well-prepared for all scheduled class sessions.  Conduct yourself in a manner that is both appropriate and respectful to the public.
 Communicate with the Recreation Coordinator or Director regarding any problems or conflicts.
 Provide all necessary supplies/materials needed to conduct the class.  Clean and secure the facility with City Staff before departure.  Obtain a City of Kerman Business License

7. Compliance with Public Resource Code, Section 5164: a. In the event and to the extent the Contractor and/or his/her employees shall have supervisory or disciplinary authority over any minor or as part of the services to be performed hereunder, compliance with the following requirements must be met:
a. The instructor must comply with the Public Resources Code, Section 5164, which requires them to undergo a criminal background check before the effective date of this Agreement.
b. Evidence of compliance shall be presented to the City before this contract is signed by the City for the Instructor and all current employees. c. “Evidence of Compliance” under terms of this paragraph means that the result of the criminal background search method listed below reveals no convictions for the offenses listed in the Public Resources Code, Section 5164. The Instructor shall present each person to be checked to the City, who shall submit to fingerprinting pursuant to Section 11105.3 of the Penal Code. Based on the information provided, the City shall conduct a criminal background investigation of the Instructor and any of their employees who perform under this agreement. The Instructor shall pay to the City all costs incurred by the City in performing the said background investigation. The said payment shall be tendered to the City before the Instructor or any of their employees commencing performance hereunder.
d. Failure of the Instructor to comply with the provisions of this paragraph shall be grounds for immediate cancellation or termination of this contract by the City of Kerman.

8. Term of Agreement: This Agreement shall take effect on September 1, 2026, and shall continue until September 1, 2027, unless canceled pursuant to Sections 5 and 15 of this Agreement or terminated pursuant to this Section. The City may terminate this Agreement if the Instructor fails to fulfill the requirements under this Agreement. By mutual agreement of City and Instructor, this Agreement may be extended. Conditions and fees may be negotiated at the time of extension.

9. Standard of Performance: Instructor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. It is 42 Section 7, Item A.
understood and agreed that the Instructor has the professional skill, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that the City relies upon the professional skills of the Instructor to do and perform the Instructor’s work skillfully and professionally, and the Instructor thus agrees to perform the work so. It is further understood and agreed that the Instructor is aware of the scope of work to be performed under this Agreement, and the Instructor agrees that such work can and shall be performed in a thoroughly competent manner.

10. City shall be responsible for the following:
a. Instructor compensation will be paid each month in the amount of 80% of the registration fees collected.
b. Class registrations will be handled using city-approved software (CivicPlus Recreation Management). Registrations can be received either online or in person (walk-in). Registration and waiver forms will be provided. c. The instructor shall receive a roster of participants registered at least once a month. Updated rosters may be provided as new participants register for class as needed.
d. The City shall conduct marketing for the program/class. Marketing materials shall include printable media (i.e., flyers and recreation program guides), social media (i.e., City website, Facebook), and email.

11. Insurance: For activities categorized as medium risk or higher, $1,000,000 liability insurance is required. A certificate of insurance and an endorsement to your policy, naming the City of Kerman as an additional insured, is required prior to your first class meeting; otherwise, your class will be canceled.

12. The Instructor shall abide by all applicable laws, City ordinances, and general rules and regulations relating to the activities contemplated herein.

13. Both parties hereto, in the performance of the agreement, will be acting in an independent capacity and not as officers, agents, employees, partners, or joint ventures of one another. In the furnishing of the services provided for herein, the Instructor is acting solely as an independent contractor. Neither the Instructor nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venture, partner, or associate of the City for any purpose. The city shall have no right to control or, supervise or direct the manner or method by which Instructor will perform its work and functions. However, CITY shall retain the right to administer this Agreement to verify that the Instructor is performing its obligations by the terms and conditions thereof.

14. Instructor shall indemnify, defend, and hold City and its officers, officials, employees, agents, and volunteers harmless from and against any and all liability (direct or indirect), including any and all costs and expenses in connection herein, claims, suits, actions, damages and causes of action arising out of the work of the instructor, including, but not limited to, any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omissions of Instructor, its employees, sub43 Section 7, Item A.

Instructors, or agents, or on Account of the performance or character of this work, except for any such claim arising solely out of the active negligence, sole negligence, or willful misconduct of the City, its officers, employees, agents or volunteers, in performing the work outlined in this Agreement.

15. The instructor understands that the City reserves the right to cancel this Agreement at any time should the need arise to cancel classes for any reason, including, but not limited to, insufficient participant numbers or facility unavailability. In such circumstances, the City shall not be liable for compensation or damage to the Instructor for the remainder of this Agreement.

16. This Agreement shall be terminated at the City's discretion should the Instructor fail to fulfill the requirements as specified herein.

This agreement is effective as of the date specified above, provided signatures appear below for both the City and the Instructor.

CITY OF KERMAN
John Jansons, City Manager
DATE:

INSTRUCTOR
Rebecca Klepac, Yoga Instructor

DATE:
44 Section 7, Item A.

STAFF REPORT
MEETING DATE: August 26, 2026
PRESENTER: John Jansons, City Manager
SUBJECT: Consideration of Street Naming Request In Recognition of Jay Gill (JAJ) RECOMMENDATION: Council consider the street naming request, determine whether to approve the request regarding part or all of Isabella Avenue, and provide direction to Staff on development of a Street Naming Policy.

BACKGROUND:

At the May 27, 2026, City Council meeting, Mayor Pacheco requested a future agenda item regarding a street naming request. Earlier that week, staff had learned of this request and recommended to Council that they be given the opportunity to prepare a memorandum explaining the request, its genesis, and potential options for the Council to consider,since other Councilmembers were not familiar with this matter. On May 29, 2026, staff distributed an extensive memo (Attachment ‘A’) detailing the origination of the request, street naming protocols, and considerations for the pending requests.

On June 10, 2026, Mayor Pacheco requested that this matter be placed on the Agenda for June 24, 2026, for Council consideration. At its meeting of June 24, 2026, the Council tabled this matter in order to get clarification from the FPPC regarding a potential conflict under the Levine Act.

The City Attorney sought written advice from the FPPC. The following response was received:

Ms. Montoy:

Thanks for your patience while we researched your question. You are correct that Section 84308 does not define "entitlement for use proceeding." That said, in this case, because naming a street after a person is more ceremonial in nature and does not involve an entitlement for use—such as a permit, variance, contract, etc.—Section 84308 does not apply.

Please let us know if you have any further questions.

Based on the foregoing this matter was scheduled for Council consideration on the August 12, 2026 agenda. Staff subsequently received a request to postpone this item to the next meeting when Mr. Gill could be present (Attachment ‘D’). The Council agreed to table this item to August 26, 2026 when the full Council and Mr. Gill could be present for discussion. 45 Section 7, Item B.

DISCUSSION:

In researching this matter, staff has learned that in 2024, Kerman Unified School District (KUSD) agreed to “support and not oppose” naming Isabella Ave, in whole or part, in honor of Jay Gill, an adjacent landowner who provided assistance to KUSD during the development of Harvest Elementary School, as included in Attachment ‘A’.

Currently, the City of Kerman has no street naming policy. The historical practice is that new streets in alignment with existing streets get extended with a continuation of the same name.

For new streets within a subdivision with no logical connectivity to existing streets, developers have been allowed to name, or submit names, of their choosing for approval by the City. That is why Kerman has streets named after the master developer’s or builder’s children, for example.

In the case of the current request, (see Attachment ‘B’ - Map) the section of street considered in honor of Mr. Gill is in existing alignment with Isabella Avenue, which is intended to run from west of Siskiyou on an east west route through Madera Ave (CA 145) and continue eastward to Goldenrod as properties develop.

It should be noted that if the entirety of Isabella Avenue was to be renamed, 14 existing homes at the western end would be affected by this change.

If only the portion of Isabella Avenue that runs from Madera Avenue (CA 145) to First Street were renamed, it would be adjacent to Harvest Elementary School and be responsive to the wishes of KUSD, reflecting Mr. Gill’s assistance, but it may cause continuity confusion with an east-west alignment changing names between north-south streets.

Public comment includes ‘Attachment C’, which is a letter received at the June 24th meeting from Michael Chaney regarding the naming of the street.

Finally, it remains to be determined the exact renaming requested. A determination needs to be made by Council if the renamed segment is labeled Gill Avenue, or Jay Gill Avenue or Gill Way, etc. We understand from Mr. Gill that he prefers “Gill Avenue.” FISCAL IMPACT:

The fiscal impact is expected to be minimal for signage changes. If existing residential addresses are changed, then the fiscal impact is unknown.

ALTERNATIVES:

1. Council approve naming part of Isabella Avenue for Jay Gill which means there will be a break in the name.

2. Council approve naming all of Isabella Avenue for Jay Gill which means that 14 residents on Isabella Avenue will be affected.
46 Section 7, Item B.

3. Council approve an honorary street sign below the Isabella Avenue sign. This type of honorary signage is used in many cities.

4. Approve Alternative 1, 2, or 3 and direct staff to return with a formal street naming policy for the future.

5. Reject the request.

ATTACHMENTS:

A. Council Steet Naming Memorandum
B. Map of Isabella Avenue (existing and proposed)
C. Chaney Letter
D. Request to postpone item
47 Section 7, Item B.

Attachment 'A'
48 Section 7, Item B.
49 Section 7, Item B.
50 Section 7, Item B.
51 Section 7, Item B.
52 Section 7, Item B.
53 Section 7, Item B.
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AVENUE 'A' ROAD 'A' ROAD 'B' ROAD 'C' ROAD 'D' ROAD 'E' ROAD 'F'

AVENUE 'B'

AVENUE 'C'

COURT 'D'

NIELSON AVENUE
MADERA AVENUE (HIGHWAY 145)

28.83'
40' 20'12.1'
581.96' 663.53'
566.16' 269'
326'
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FUTURE STREET - CURRENTLY UNDER CONSTRUCTION 44.83' 49.84' IRR IRR

IRR IRR
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APPROXIMATE LOCATION OF

PRIVATE IRRIGATION LINE

TO BE REMOVED
LOT 2
LOT 'C' 380,753 SF
66,964 SF

LOT 'A'
6,862 SF

LOT 'B'
5,040 SF

LOT 'D'
34,460 SF
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47 4500 SF
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45 4500 SF
44 4500 SF
43 5328 SF
42 5328 SF
41 4500 SF
40 4500 SF
39 4500 SF
38 4500 SF
37 4500 SF
36 5328 SF
35 5328 SF
34 4500 SF
33 4500 SF
32 4500 SF
31 4500 SF
30 4500 SF
29 5328 SF
28 5328 SF
27 4500 SF
26 4500 SF
25 4500 SF
24 4500 SF
23 4500 SF
22 5328 SF
101
4438 SF
102
3690 SF
103
3690 SF
104
3690 SF
105
3690 SF
106
3690 SF
107
3693 SF
108
4807 SF
93 4636 SF
94 3687 SF
95 3690 SF
96 3690 SF
97 3690 SF
98 3690 SF
99 3690 SF
100
4438 SF
128
4438 SF
127
3690 SF
126
3690 SF
125
3690 SF
124
3690 SF
123
3690 SF
122
3688 SF
121
5077 SF
136
5246 SF
135
3692 SF
134
3690 SF
133
3690 SF
132
3690 SF
131
3690 SF
130
3690 SF
129
4438 SF
157
5420 SF
156
5025 SF
155
4960 SF
154
4895 SF
153
4829 SF
152
4764 SF
151
4920 SF
150
4148 SF
149
4148 SF
148
4148 SF
147
4148 SF
146
4148 SF
145
4148 SF
144
4148 SF
143
4997 SF
137
4438 SF
138
3690 SF
139
3690 SF
140
3690 SF
141
3690 SF
142
4438 SF
115
4438 SF
116
3690 SF
117
3690 SF
118
3690 SF
119
3690 SF
120
4438 SF
109
4438 SF
110
3690 SF
111
3690 SF
112
3690 SF
113
3690 SF
114
4438 SF
87 4438 SF
88 3690 SF
89 3690 SF
90 3690 SF
91 3690 SF
92 4438 SF
60 4832 SF
61 4122 SF
62 3701 SF
63 3700 SF
64 3700 SF
65 3699 SF
66 3698 SF
67 3697 SF
68 3696 SF
69 3695 SF
70 3694 SF
71 3694 SF
72 3693 SF
86 3780 SF
85 3780 SF 84
4438 SF
83 3690 SF
82 3690 SF
81 5587 SF
80 4966 SF
79 6011 SF 60'
78' 17' 48'
90' 50' 50'
90' 50' 50'
90' 50' 50'
90' 50' 50'
90' 50' 50'
90' 60' 48'
17' 78' 48'
90'
78' 17' 50'
90' 50'
90' 50'
90' 50'
90' 50'
90' 48'
78' 17' 60'
78' 17' 48'
90' 50' 50'
90' 50' 50'
90' 50' 50'
90' 50' 50'
90' 50' 50'
90' 60' 48'
17' 78' 48'
90'
78' 17' 50'
90' 50'
90' 50'
90' 50'
90' 50'
90' 48'
78' 17' 94' 9' 82'
17' 48' 94'
60'
50' 94'
50'
50' 94'
50'
50' 94'
50'
50' 94'
50'
50' 94'
50'
50'
L=14'
50'
L=17'
118'
50'
L=3 2' 80'
96'
L=3 2' L=3 2' 74'
54' 48'
100' 48'
100' 48'
100' 48' 48'
100' 48' 48'
100' 48' 48'
100' 48' 48'
100' 48' 48'
100' 48' 48'
100' 48' 48'
100' 48' 48'
100' 48' 78'
48' 17' 90'
60'
55' 90'
55'
55' 90'
55'
55' 90'
55'
55' 90'
55'
55' 90'
55'
55' 90'
55'
55' 90'
55'
L=2 2' 33' 90'
55'
L=5 3' 61' 26'53'
L=27' L=4 5' 17' 44'
83' 50'
82' 24' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 57'
82' 43'
17' 70' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45' 45' 84'
45' 84'
35' 10'
45'
45' 29' 55' 43'
70' 17'
82' 45' 16' 82' 45' 45'
82' 53' 59'
L=42' 34' 17' 83'
L=6 2'L=6' 116'
15'
L=71' 22' 16' 92'
L=6 3'138'
49' 91'
29'
L=16'
45' 92'
45'
45' 69'
43' 17'
43' 17' 55'
82' 43'
17' 70' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 55'
70' 17' 43' 43'
70' 17'
82' 45'
82' 45'
82' 45'
82' 45'
82' 43'
70' 17' 55'
82' 43'
17' 70' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 55'
70' 17' 43' 43'
70' 17'
82' 45'
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82' 43'
70' 17' 43'
92' 55'
80' 17' 45'
92' 45' 45'
92' 45' 45'
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92' 45' 45'
92' 45' 45'
92' 45' 45'
92' 45'
L=28'
93' 9' 54' 15'
82'
L=21' 33'
17' 70' 52' 12' 34'
L=16'
82'
70' 17' 47'
82' 12'L=15' 34'
17' 70' 35'
L=9' 82'
70' 17' 51'
94' 51' 51'
95' 51' 51'
97' 51' 51'
98' 51' 51'
99' 51' 43'
89' 17' 55'
82' 39'
L=6' 35' 10'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
70' 17' 43' 55' 43'
70' 17'
82' 45'
82' 45'
82' 45'
82' 45'
82' 45'
82' 40'
L=5' 35' 10' 82' 40'
L=5' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 45'
82' 45' 55'
70' 17' 43' 43'
70' 17'
82' 45'
82' 45'
82' 45'
82' 45'
82' 45'
82' 41'
L=4' 94'
52' 94'
50' 94'
50'
50' 94'
50'
50' 94'
50'
50' 94'
50'
50' 94'
50'
50' 94'
50'
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50' 82'
60'
48' 17'
10' WATER
EASEMENT 8' PE & PUE 8' PE & PUE 22'
10' PUE
10' PUE
10' PUE
10' PUE
10' PUE
20 4800 SF
19 4800 SF
13 4800 SF
14 4800 SF
11 5131 SF
17 4800 SF
16 4800 SF
15 4800 SF
18 4800 SF 89'
19'

LOT 'E'
1,965 SF 96' 20'
L=8'
L=13'
108' 24' 30'

GRAPHIC SCALE
1 in = 80 ft
04080 80 160
APN 020-120-11

TOSTE FAMILY FARMS LP
AE20 - EXCLUSIVE AGRICULTURAL
LAND USE: MEDIUM DENSITY

RESIDENTIAL & GENERAL COMMERCIAL

EXISTING ALMOND ORCHARD
LAND USE: COUNTY DESIGNATED
EXISTING ALMOND ORCHARD AE20 - EXCLUSIVE AGRICULTURAL LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING ALMOND ORCHARD AL20 - LIMITED AGRICULTURAL LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING ALMOND ORCHARD APN 020-120-32ST

KERMAN UNIFIED SCHOOL DISTRICT

URBAN RESERVE

LIMITS OF THIS MAP

LIMITS OF THIS MAP
EXISTING 6' MASONRY WALL
18 19
20 17
23 21
22 66 65 64 63 62
24 10
2 9
1 8
7 6
5 4
11 3
100
99 106
98 105
97 104
96 103
95 102
94 101
151
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59 60
61 56
57 58
29 28 27 26 25
55 50 51 52 53 54
39 38 37 36 35 34 33 32 31 30
40 41 42 43 44 45 46 47 48 49
119 118 111 110 125
124 123 117 116 115 109 108 107 122 121 120 114 113 112 12 15 16
13 14
84 83
82 81
80 79
126
133
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135
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132
73 72 71
78 70
77 76 75 74 69 68 67
86 85 87 88 89 90 91 92 93
136 144
137
138 139 140 141 142 143 145
159 146

W CRIMSON AVENUE

W ISABELLA AVENUE

STREET A

STREET B
W. REGAL AVENUE N 7th STREET N 8th STREET N 6th STREET STATE ROUTE 145

W REGAL
AVE
PARK

1.02 ACRES PASEO 0.14 ACRES PASEO / EVA 0.07 ACRES N 6th STREET N 8th STREET STREET C STREET D

PASEO / EVA

0.06 ACRES 113 176 175 174 145 144 143 142 141 140 139 138 116 115 114 112 111 110 109 117 178 172 146 180 179 177 173 170 149 171 148 200 199 198 197 196 195 194 193 192 191 190 188 187 186 184 183 182 181 165 157 155 156 159 158151 166 152 150 154 153 168 169 167 160 161 162 163 164 135 120 118 119 122 124 121 123 127 126 125 137 136 133 134 130 131 132 128 129 104 108 107 106 105 101 103 102 99 100 91 92 93 94 95 96 97 89 88 87 86 85 84 8398 90 36 76 77 78 79 80 81 47 50 48 46 45 42 41 40 39 38 49 44 43 37 74 75 82 56 67 51 73 52 71 53 70 54 69 55 68 59 64 57 66 58 65 61 62 60 63 3534333231 30 21 22 23 24 25 26 27 28 29 12 16 17 18 19 11 13 14 15 20 3 1 2
4 5
6 7
810 72 147 189185
9 APPHIRE VENUE SABELLA AVENUE

STREET A

STREET B

STREET C

STREET D

STREET E ISABELLA STREET F STREET G STREET H STREET I STREET J

STREET K AVENUE

ISABELLA AVE ISABELLA AVE HARVEST ELEM FIRST ST MADERA AVE DEL NORTE AVE SISKIYOU AVE

WHITESBRIDGE RD NIELSEN AVE NIELSEN AVE WHITESBRIDGE RD

EXISTING STREET

PLANNED/FUTURE
STREET
14 EXISTING HOMES W/

ISABELLA ADDRESSES
Attachment 'B'
54 Section 7, Item B.

Attachment 'C'
55 Section 7, Item B.

Attachment 'D'
56 Section 7, Item B.

STAFF REPORT
MEETING DATE: August 26, 2026
PRESENTER: Jesus A. Gonzalez, City Engineer
SUBJECT: Resolution Approving Construction Contract Change Order No. 8 for the Hart Ranch Community Park Project (JG)
RECOMMENDATION: Council adopt the resolution:

1. Approving Construction Contract Change Order No. 8 for the Hart Ranch Community Park Project to Avison Construction, Inc. in the amount of $171,131.00; and

2. Authorizing the City Manager to sign Construction Contract Change Order No. 8 on behalf of the City; and

3. Authorizing an additional construction contingency in the amount of $50,000 and authorizing the City Manager to sign future change orders up to $50,000.

EXECUTIVE SUMMARY:

On November 13, 2024, the Hart Ranch Community Park (Project) construction contract was awarded by City Council to Avison Construction, Inc. (Avison) in the amount of $12,453,125.00.

Additionally, a construction contingency in the amount of $622,700.00, representing 5% of the construction contract, was approved. A construction activities Notice to Proceed was issued to Avison with a start date of February 5, 2025.

As the work has progressed, design clarifications, regulatory requirements, and field conditions have necessitated modifications to the original contract scope. To date, these modifications have resulted in seven contract change orders totaling $1,222,400.80 have been approved for costs related to splash park pad colors, the addition of on-site water system backflow preventers, the addition of a water recirculation system, the procurement of an enlarged restroom and pedestal showers, the addition of swing gates, the installation of a booster pump transformer and feeders, upgrades to 1-inch quick-connect hose bibs, playground modifications and lake edge modifications, the construction of previously undefined play mound features, the addition of root barrier at off-site planting areas, and the addition of electrical and aerator lines due to relocation of the aerator compressor cabinet, the installation of a perimeter fence around the recirculation equipment with crushed rock within the fence limits, construction activities related to conflicts and unforeseen conditions during previously performed sanitary sewer installation at Goldenrod Avenue, splash park revisions resulting from Fresno County Department of Environmental Health comments, and performance of extended weed maintenance associated with the prolonged construction duration. 57 Section 7, Item C.

The total of Contract Change Orders Nos. 1 to 8 in the amount $1,393,531.80 constitutes an approximate 11.19% of the awarded construction contract. The Project construction contingency is in the amount of $1,295,400.00. CCO8 (see memo, Attachment ’B’) in the amount of $171,131.00 exceeds the remaining contingency balance of $72,999.20 and results in an overage of $98,131.80 above the contingency balance.

An additional $50,000.00, above and beyond the total of CCOs 1 to 8 is requested for replenishing the construction contingency, bringing the total project contingency to $1,443,531.80. Addition of the contingency amount and authorization of City Manager to sign future change orders up to the $50,000.00 will help expedite resolution of potential future issues that may arise thereby allowing the City to meet the September 30, 2026, substantial completion deadline associated with the Land and Water Conservation grant funding.

FISCAL IMPACT:

The estimated total Project cost is currently $15,491,200.00 for design, construction, construction contingency, construction engineering and materials testing. The City has budgeted $11,209,469.00 in fiscal year 2025-26 and $5,250,000.00 in upcoming fiscal year 2026-27 from various funding sources including the American Rescue Plan Act (ARPA), Measure M, Land and Water Conservation grant funding, California Natural Resources Agency Proposition 68 grant funding, State Budget earmarked funds.

ATTACHMENTS:

A. Resolution
B. Contract Change Order No. 8 Summary Memo
58 Section 7, Item C.

Attachment ‘A’
RESOLUTION NO. 26-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KERMAN
APPROVING CONSTRUCTION CONTRACT CHANGE ORDER NO. 8 FOR THE HART RANCH COMMUNITY PARK PROJECT AND AUTHORIZING AN ADDITIONAL CONTINGENCY OF $50,000 WHEREAS, Council awarded the construction contract for the Hart Ranch Community Park Project to Avison Construction, Inc. (Avison) on November 13, 2024; and WHEREAS, Avison was issued a construction activities Notice to Proceed with a start date of February 5, 2025; and
WHEREAS, to date seven contract change orders totaling $1,222,400.80 have been approved for costs related to splash park pad colors, the addition of on-site water system backflow preventers, the addition of a water recirculation system, the procurement of an enlarged restroom and pedestal showers, the addition of swing gates, the installation of a booster pump transformer and feeders, upgrades to 1-inch quick-connect hose bibs, playground modifications and lake edge modifications, the construction of previously undefined play mound features, the addition of root barrier at off-site planting areas, and the addition of electrical and aerator lines due to relocation of the aerator compressor cabinet, the installation of a perimeter fence around the recirculation equipment with crushed rock within the fence limits, construction activities related to conflicts and unforeseen conditions during previously performed sanitary sewer installation at Goldenrod Avenue, splash park revisions resulting from Fresno County Department of Environmental Health comments, performance of extended weed maintenance associated with the prolonged construction duration; and WHEREAS, Contract Change Order No. 8 (CCO8), in the amount of $171,131.00, is necessary for addressing design clarifications, regulatory requirements, and field conditions resulting in modifications to the original contract scope as follows:
 Installation of a new 6-inch irrigation service to the booster pump  Removal and reuse of the existing 4-inch backflow preventer  Installation of two 2-inch backflow preventers for the restroom building and recirculation system
 Installation of a 4-inch concrete slab, backflow cage, and blanket for all backflow preventers throughout
 Installation of a 4-inch master valve and a 4-inch flow sensor and 4-piping.

NOW, THEREFORE, The City Council of the City of Kerman resolves as follows:

1. The foregoing recitals are true and correct and incorporated by reference.

2. Based on the recitals set forth above, and upon the recommendation of the City 59 Section 7, Item C.

Engineer, the Council approves CCO8 for the Hart Ranch Community Park Project to Avison Construction, Inc., in the amount of One Hundred Seventy One Thousand and One Hundred and Thirty-One Dollars and Zero Cents ($171,131.00).

3. The City Manager is authorized to sign CCO8.

4. Upon the recommendation of the City Engineer, the Council authorizes an additional amount of Fifty Thousand and Zero Cents ($50,000.00) as contingency for use on unforeseen construction needs. The City Manager upon the recommendation of the City Engineer is authorized to sign change orders up to $50,000, the remaining balance of the overall construction contingency.

5. This resolution is effective upon adoption.

The foregoing resolution was adopted by the City Council of the City of Kerman at a regularly scheduled meeting held on the 26th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing resolution is hereby approved.

Maria Pacheco
Mayor
ATTEST:

Dalia Santana-Zamudio
City Clerk
60 Section 7, Item C.

Attachment ‘B’
OFFICE OF THE CITY ENGINEER 850 S. Madera Avenue
Jesus Gonzalez KERMAN, CA 93630
Mayor – Maria Pacheco
Council Members
Gary Yep, Mayor Pro Tem
Ismael Herrera Phone: (559) 846-9343
Berdie Hall Fax: (559) 846-7488
Raj Dhaliwal www.cityofkerman.gov

“COMMUNITY COMES FIRST”

CHANGE ORDER MEMO
DATE: 8/21/2026
PROJECT: HART RANCH COMMUNITY PARK – PHASE 3
SUBJECT: Change Order 8
ITEM 8.1: New 6" Irrigation Service to Increase Water Flow to Booster Pump and 2" Backflows The Contractor notified the Project Inspector that the booster pump was not receiving sufficient water to adequately irrigate the site and that the offsite irrigation system was experiencing low flow. The Contractor subsequently submitted RFI 70 requesting direction. Following review of the RFI, email coordination between the Engineer, the Landscape Architect (LA), and the Contractor, and a conference call to discuss the issue, the LA determined that a new 6-inch irrigation service to the booster pump was required to provide adequate water supply.

The original irrigation design included a 4-inch service from the 12-inch water main in California Avenue to a 4-inch backflow preventer. The City confirmed approximately 50 psi upstream and 35 psi downstream of the backflow preventer. Downstream, a 2-inch tee and 2-inch backflow preventer serve the offsite irrigation system, with approximately 20 psi available after the 2-inch backflow preventer. The resulting pressure losses affected the water system’s ability to adequately serve irrigation at the east and west ends of the offsite park strip.

The 4-inch service also reduces to 3 inches downstream of the 3-inch water meter located south of the restroom and extends approximately 663 feet to the east end of the park, where it passes through a 3-inch backflow preventer before connecting to the booster pump. The LA determined that the existing 3-inch service could not provide sufficient flow to the booster pump due to the pipe size, length, and associated pressure losses.

To correct the onsite and offsite irrigation deficiencies, the LA directed the following work through the RFI 70 response:
 Remove the existing 4-inch backflow preventer from the 4-inch service and replace the removed section with 4-inch pipe.
61 Section 7, Item C.

“COMMUNITY COMES FIRST”
 Hot tap the 12-inch water main in California Avenue at the east end of the park and install a new 6- inch service extending to the booster pump along the east side of the east perimeter fence.  Salvage and reinstall the existing 4-inch backflow preventer on the new 6-inch service before reaching the booster pump using 6-inch-to-4-inch reducers. The LA confirmed that the 4-inch backflow preventer will provide adequate flow to the booster pump with proper pump programming.
 Replace the existing 2-inch master valve and flow sensor downstream of the booster pump with new 4-inch units, maintaining the required spacing between components.  Cut, cap, and abandon the existing 3-inch service downstream of the easternmost drinking fountain and salvage the existing 3-inch backflow preventer for future City use.

Removal of the 4-inch backflow preventer from the existing service also required evaluation of backflow protection for the remaining park facilities served by that line, including the restroom building, recirculation system, drinking fountains, community garden, and lake fill system. The Engineer confirmed that the City of Kerman recognizes an air gap as an acceptable means of backflow protection. Based on this determination, individual reduced-pressure (RP) backflow preventers are not required at the drinking fountains.

The restroom building and recirculation system, however, require additional protection following removal of the existing 4-inch backflow preventer. Accordingly, new 2-inch backflow preventers shall be installed at both facilities to protect the City's potable water system. This is also consistent with the separation of irrigation and potable water incorporated under executed CCO 02.

The City further confirmed that all backflow prevention devices throughout the project shall include a 4- inch concrete slab, protective cage, and blanket in accordance with City Standard Detail W-4. The Contractor shall provide these improvements at all applicable existing and new backflow devices, for a total of five locations. The slab, cage, and blanket associated with the original 4-inch backflow preventer were already required by the Contract Documents but were not previously installed; therefore, that work is excluded from the cost of this change order.

All work described above shall be performed in accordance with the RFI 70 response attached to the change order documentation.

The Contractor submitted a lump-sum proposal of $171,131.00 for the additional work described herein.

Upon completion and acceptance of the work, the Contractor shall be compensated in the full amount of the approved lump-sum proposal.
62 Section 7, Item C.

Kerman City CouncilAugust 26, 2026

Kerman City Council
August 26, 2026