Madera City Council
November 5, 2025

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Documents Document Title Received Date
Required
Application Certification Application Certification 4/7/2025 Application Certification Application Certification 4/25/2025 4/25/2025 Budget TA 8 Budget Form 3/31/2025
Work Plan TA 8 Work Plan 3/31/2025
Required By Secondary Due Date
Resolution - Lead Participant Resolution 4/25/2025
Resolution - Lead Participant 23-36 Waste Tire Amnesty Resolution 4/25/2025 Other Supporting Document(s)
CalEnviroScreen Map
Draft Resolution Draft Resolution 4/4/2025
Joint Powers Agreement
Letter From LCC Letter of Commitment 4/2/2025
Letter of Authorization/Resolution Letter of Authorization- Madera County 4/2/2025 Letter of Authorization/Resolution Letter of Authorization- Chowchilla 4/23/2025 Letter of Designation Letter of Designation 4/4/2025
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.

X Applicant acknowledges that its approved Resolution must be uploaded no later than the secondary due date. Applicant further acknowledges that if its Resolution is received after this date, its application will be disqualified.

EPPP
Does your organization and any participants have an Environmentally Preferable Purchasing and Practices (EPPP) Policy? X Yes, our organization and any participants have an EPPP Policy. Organization refers to a company, business, or the entire city or county applicant, not an individual office or sub-unit of the larger entity.

https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=32726 Date Generated: August 12, 2025 3:14 PM

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Surplus and Sale of a Police Canine
RECOMMENDATION:

Adopt a Resolution authorizing the surplus of one drug-detection canine, with the animal to be sold back to the handler for $1,000
SUMMARY:

City staff is requesting authorization to surplus a drug-detection canine that has served the City for two years. The canine’s current handler is separating from employment with the City and has expressed a strong desire to assume ownership and continue caring for his partner following separation from service. The sale of the canine back to his handler not only ensures the animal transitions into a familiar caring home but also reflects the Police Department’s (MPD) commitment to the well-being of its service dogs after their tenure with the City.

DISCUSSION:

Canine (K9) Ulf, a 5-year-old Labrador from Germany, was paired with Officer Romias after arriving in the United States and began his training at two years old. He graduated as a singlepurpose narcotics detection canine. K9 Ulf has not yet reached the expected working lifespan of a police service dog and therefore does not qualify for retirement, as he retains value. While K9 Ulf remains capable of continued work, he has not fully met the performance expectations of the MPD. As K9 Ulf’s handler is separating from the City, staff find it in the City’s best interest for the handler to assume ownership, thereby relieving the City of ongoing costs, liability, and risk associated with retaining him. The MPD is requesting authorization to surplus K9 Ulf to his handler, who is separating from the City, for $1,000.

An alternative option would be to reassign K9 Ulf to another officer, allowing the City to maintain two working canines within the program. However, while K9 Ulf met the initial standards to Council Meeting of: November 5, 2025
Agenda Number: ________ _
B-11

RETURN TO AGENDA
become a drug detection dog, his potential has not been fully realized within the MPD. Additional investment in training would be necessary to bring him to MPD standards. Reassignment would also require sending a new officer to an extensive canine handler training program.

Furthermore, the MPD requires that all canine handlers meet certain off-duty housing standards, including adequate outdoor space for the canine that is fenced off from public access. At present, interested officers do not meet these requirements, as several reside in apartments that lack suitable private space. Reassigning K9 Ulf would therefore require significant financial investment in both handler training and canine development, and personal financial investment from the interested handler, with uncertain results.

The surplus and subsequent sale of K9 Ulf would not have an adverse effect on the operational effectiveness of the MPD’s canine program. Whether or not K9 Ulf remains in service, the department currently retains two highly trained and certified canines: one dual-purpose canine trained in both apprehension and drug detection, and another canine dedicated solely to drug detection. Together, these two assets form a well-balanced and efficient team capable of meeting the department’s operational needs. As such, the City would continue to benefit from a strong and functional canine unit, regardless of K9 Ulf’s status.

Additional alternative options for disposition include selling K9 Ulf through an adoption agency, which would generate approximately $350 in revenue, or returning him to the City’s canine vendor for resale. While the vendor option could yield up to $1,500, it would also incur a $75- per-day boarding fee, quickly reducing the net return. Additionally, there is some risk with this option, as most agencies prefer to purchase directly from the vendor to start fresh with a new dog-and-handler pairing, rather than adopt a canine with prior training and placement.

Considering these factors, staff recommend selling K9 Ulf to his current handler for $1,000. This option ensures the canine remains in a safe and familiar environment while also providing the City with a fair and reasonable return compared to the limited alternatives available.

Sale and Transfer of Liability
Staff have prepared an agreement to formalize the sale and transfer of K9 Ulf. This agreement mitigates liability for the City and place full responsibility onto the handler. The transfer documents also ensure that the handler assumes all future costs of care, training, and medical needs for the canine.

FINANCIAL IMPACT:

Given that K9 Ulf is not yet at the end of his working life, staff recommend his sale to his handler for $1,000. This approach allows the City to recoup a portion of its initial investment while recognizing there is remaining monetary value of K9 Ulf. Although the sale price does not fully offset the original purchase and training expenses, it provides the most practical and costeffective solution given the limited alternatives available.

In addition to the direct sale proceeds, the City will also realize ongoing savings associated with the retirement. These include the elimination of veterinary and medical costs, the expense of food and supplies, decreased insurance premiums for the insured working animals, and the monthly canine assignment incentive paid to the officer. Together, these savings will reduce future expenditures for the City while ensuring the canine is responsibly placed.

ALTERNATIVES:

The City Council (Council) may choose not to authorize the sale of the canine. Alternatively, Council may direct staff to pursue other methods of disposition, such as working with an adoption agency or coordinating resale through the MPD’s canine vendor. Council may also elect to retain the canine for continued service with the City.

ATTACHMENTS:

1. Resolution
a. Exhibit A – Agreement for sale of K9 Ulf
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, AUTHORIZING THE SURPLUS AND SALE OF POLICE CANINE ULF
WHEREAS, the Madera Police Department (MPD) maintains a Canine Program to support public safety and law enforcement operations within the City; and WHEREAS, Canine (K9) Ulf, a Labrador, has served the MPD for two years as a narcoticsdetection canine, and while he retains value, the City has determined that he should be declared surplus property; and
WHEREAS, although alternative methods of sale are available, including placement through an adoption agency or resale through the MPD’s canine vendor, the City authorizes the sale of K9 Ulf to his handler for the amount of one thousand dollars ($1,000.00), which provides a reasonable return to the City while ensuring the canine’s continued care in a stable environment; and
WHEREAS, the sale and transfer agreement for the canine will assign full responsibility and liability to the handler, thereby releasing the City from any future obligation for care, costs, or liability related to the animal.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines, and orders as follows:

1. The City Council hereby declares K9 Ulf as surplus property and approves the sale of K9 Ulf to his handler for the amount of one thousand dollars ($1,000.00), in accordance with the sales agreement, attached as Exhibit A and incorporated herein.

2. The City Council hereby authorizes Mike Lima, the City’s Purchasing Agent, as defined in Administrative Policy 18, Purchasing Policy Procedure, to execute the sale agreements, attached as Exhibit A.

3. This resolution is effective immediately upon adoption. ****

EXHIBIT A

CITY OF MADERA SALES AGREEMENT AND

RELEASE OF LIABILITY
Agreement and Release of Liability for the Purchase of a Madera Police Department Canine “Ulf” Between the City of Madera and Jerron Romias This Agreement is made and entered into this ___ day of _____, 2025 (“Effective Date”), by and between the City of Madera, a municipal corporation (hereinafter “City”), by and through the City’s Purchasing Agent, and Jerron Romias (hereinafter “Buyer”), collectively referred to herein as “Parties.”
WHEREAS, pursuant to Administrative Policy 18, Purchasing Policy Procedure, the City, through the City’s Purchasing Agent, may sell certain surplus property belonging to the City that is no longer required for public use; and
WHEREAS, on November 5, 2025, the City determined that the Canine, as defined in Section 1, does not meet the operational needs of the Madera Police Department and it is in the public interest to sell Canine to Buyer for a price equivalent to fair market value; and WHEREAS, pursuant to Administrative Policy 18, Purchasing Policy Procedure, the City, through the City’s Purchasing Agent, wishes to sell to Buyer, and Buyer wishes to purchase from the City, the Madera Police Department service Canine, Patrol K9, described in Section 1 of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and conditions herein, the Parties agree as follows:

1. Description of the Service Dog. Buyer hereby agrees to purchase the City owned service dog known as “Ulf,” a 5-year-old Labrador, previously used by the Madera Police Department K9 Unit (hereinafter “Canine”).

2. Transfer of All Rights and Interest in the Canine. City hereby agrees to sell, convey, and transfer all of its rights, title, and interest in the Canine to Buyer, and Buyer agrees to purchase the Canine from the City.

3. Canine Sold “AS IS”. The Canine is sold on an “AS IS” basis, without warranty or recourse of any kind. City makes no warranties, either express or implied, as to Canine’s health or condition, and Buyer has not relied on any promise, representation, or statement by City other than those contained within this Agreement. Any future costs associated with the Canine shall be the sole responsibility and obligation of the Buyer.

4. Purchase Price. Buyer shall pay the City the sum of One Thousand Dollars ($1,000.00) for the purchase of the Canine (“Purchase Price”). Payment of the Purchase Price shall be made immediately upon Buyer’s execution of this Agreement. Payment may be made by delivery or mailing payment to the attention of Michael Lima, Purchasing Agent, City of Madera, 205 West 4th Street, Madera, CA 93637.

5. Release. Buyer hereby forever releases, acquits, and discharges City and each and every agent, assign, employee, officer, elected or appointed official, vendor, insurer and independent contractor of City (hereinafter “Releasees”) from any and all liability whether in contract, tort, strict liability or otherwise, that Buyer now has or which it may hereafter accrue against the Releasees including without limitation, claims or liabilities for or in any manner arising out of or connected with any purported losses or purported damages related to the ownership and/or use of the Canine.

6. Waiver. Officer hereby waives all claims of every kind and nature, past, present and future, known or unknown , suspected or unsuspected, and all actions (legal, equitable, strict liability or declaratory in nature), proceedings (whether in courts or administrative bodies), alternative dispute resolutions procedures (arbitration, mediation or otherwise) demands, claims and causes of action and other means of recovery, for injuries to person (including without limitation death, disability, dismemberment and emotional distress), or damages (to person, property or business) and including without limitation all forms of monetary recovery, (including recovery for general, special, compensatory or punitive damages, loss of earnings, loss of property or other destruction, loss of earning capacity, loss of profits or other damages of any nature), arising from the actions of or in any way related to Canine from the Effective Date. Buyer expressly acknowledges that he or she is familiar with Section 1542 of the California Civil Code which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY. ”
Buyer expressly waives and relinquishes any right and benefit which it may have under section 1542 of the California Civil Code, or any state or federal statute or common law principle to similar effect, to the full extent that such rights and benefits may be lawfully waived pertaining to the subject matter of the waiver and release set forth in this Agreement. Buyer understands and acknowledges the significance and consequences of this specific waiver of Section 1542 of the California Civil Code.

7. Indemnify, Defend and Hold Harmless. Buyer shall defend, indemnify and hold harmless each Releasee, from and against any actions (legal, equitable, strict liability or declaratory in nature), proceedings (courts or administrative bodies), alternative dispute resolution procedures (arbitration, mediation or otherwise) demands, claims and causes of action of any nature, costs and expenses, losses, attorneys fees, judgments, orders, decrees, liens and other encumbrances, liabilities, injuries to person (including without limitation death, dismemberment, disability, and emotional distress), or damages (to person, property or business) and including without limitation all forms of monetary recovery, (general, special, compensatory or punitive damages, loss of earnings, loss of property or other destruction, loss of earning capacity, loss of profits, personal injuries, death or other damages of any nature), arising from the actions of or in any way related to the Canine or this Agreement as of the Effective Date.

8. Compliance with Applicable Laws. Buyer shall comply with all federal, state and local laws, rules, regulations, and ordinances that are now, or may in the future, become applicable to the Canine. Buyer understands and acknowledges that the Canine has been trained and used as a police service dog.

9. Binding Effect. This Agreement may not be assigned by either Party except with the express written consent of the other party. All unpermitted assignments are void and invalid.

This Agreement is binding upon the permitted heirs, successors, and assigns of the Parties.

10. Entire Agreement. This Agreement represents the entire Agreement between the City and Buyer with respect to the Canine, and supersedes and cancels all previous oral agreements, arrangements, negotiations, agreements, and understandings between the City and Buyer. There are no representations or express or implied warranties between the City and Buyer other than those contained in this Agreement.

11. Amendments. This Agreement cannot be changed or supplemented orally, but may only be modified or superseded by written instrument by both Parties.

12. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

14. Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. [Signatures on the Following Page]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MADERA, a municipal corporation
Michael Lima, Purchasing Agent
ATTEST:

Alicia Gonzales, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Shannon L. Chaffin, City Attorney
BUYER:

By:

Jerron Romias

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Request to Waive City Fees Relating to the Downtown Christmas Parade RECOMMENDATION:

Adopt a Resolution waiving the fees to cover the costs of Police, Public Works, Parks, and Engineering services relating to the Downtown Christmas Parade in the amount of $3,508 SUMMARY:

The Madera Downtown Association (MDA) and Madera Evening Lions (Lions Club) will be sponsoring the annual Downtown Christmas Parade on Friday, December 5, 2025. Historically, the City Council (Council) has recognized thisfunction as a community event and has covered the costs associated with traffic control and clean-up.

DISCUSSION:

The MDA and Lions Club have formally requested the City waive all fees associated with Police, Public Works, Parks & Community Services, and Engineering services relating to the parade.

Services include:
 Monitoring alternative traffic patterns to ensure safety  Crowd control
 Returning the event area to appropriate standards of cleanliness  Obtaining a special event permit
Each Department is equipped with personnel prepared to provide these services at the direction of Council.

The MDA and Lions Club will be required to obtain the required encroachment permits for the use of City streets as part of the parade route. As is City policy, insurance binders (Special Events Council Meeting of: November 5, 2025
Agenda Number: B-12

RETURN TO AGENDA
Insurance) to transfer liability and property damage claims from the City to parade sponsors are to be provided.

The City anticipates participating in this year’s parade with several floats. The City covers the cost of entry fees at the standard rates for participating floats, which are not contemplated in the figures noted below.

FINANCIAL IMPACT:

The cost of providing City personnel is projected per the following:
 Police Department: traffic and crowd control is estimated at $1,930 to cover overtime for seven officers
 Public Works: $657
 Parks: $820
 Engineering: $101
It should be noted that these figures reflect the use of Police Department personnel assigned on an overtime basis. In prior years, the Police Department provided five personnel for the event; however, due to an extension of the parade route and the addition of an after-event this year, seven personnel will be required to ensure adequate traffic and crowd control coverage. The total amount being requested for Council fee relief is $3,508. Additionally, the $101 Engineering fee represents the cost of the special event permit proposed for waiver.

ALTERNATIVES:

Council may elect to deny the request to waive fees or may request additional information.

ATTACHMENTS:

1. Resolution Waiving the Fees to Cover the Costs of Police, Public Works, Parks, and Engineering Services relating to the Downtown Christmas Parade

2. Request Letter Authored by the Madera Downtown Association and Madera Evening Lions
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA WAIVING

THE FEES TO COVER COSTS OF POLICE, PUBLIC WORKS, PARK AND

ENGINEERING SERVICES RELATING TO THE DOWNTOWN CHRISTMAS

PARADE FOR MADERA DOWNTOWN ASSOCIATION AND MADERA
EVENING LIONS IN THE AMOUNT OF $3,508
WHEREAS, on November 5, 2025, the City Council of the City of Madera considered a request by Madera Downtown Association and Madera Evening Lions to waive the fees to cover costs for the Downtown Christmas Parade; and
WHEREAS, the Madera Downtown Association and Madera Evening Lions have planned and organized this annual community event providing citizens of Madera and neighboring areas a place to celebrate; and
WHEREAS, the City fees for Police, Public Works, Park, and Engineering services are $3,508; and
WHEREAS, the City Council finds it is in the best interest of the City to approve the waiver of fees; and
WHEREAS, this request provides a public benefit to the community.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a public purpose and is in the best interest and welfare of the City and its residents. Among others, the parade builds community unity, fosters community spirit, generates local economic activity, encourages civic engagement, and brings together members of the community of all ages in a shared celebration.

3. The City Council does hereby waive the City fees requested by Madera Downtown Association and Madera Evening Lions in the amount of $3,508 associated with the Downtown Christmas Parade.

4. This resolution is effective immediately upon adoption. * * * * * * * *
August 7, 2023
Madera Evening Lions
1625 Howard Rd. 210
Madera,CA. 93637
City of Madera
205 W. 4th St.

Madera, CA. 93637
City Clerk
On behalf of the Madera Downtown Association, the Madera Evening Lions Club is requesting council approval on the waiving of costs associated with security and public works services in conjunction with the 2025 Downtown Madera Christmas Light Parade to be held on Thursday, November 30,..

Respectfully Submitted
Karla Gran, Treasurer
Madera Evening Lions
559-706-0862
[email protected]

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Operational Agreement with Community Action Partnership of Madera County RECOMMENDATION:

Adopt a Resolution approving an operational agreement establishing coordination of victim services with the Community Action Partnership of Madera County and authorizing the Chief of Police to execute the agreement
SUMMARY:

The Police Department (MPD) seeks to enter into an operational agreement with the Community Action Partnership of Madera County (CAPMC) to formalize coordination of victim support services within Madera County. This partnership strengthens the City’s response to victims of violent crime and enhances access to advocacy, crisis intervention, and related support services.

MPD has a strong relationship with CAPMC to ensure crime victims have access to specialized advocacy, counseling, and emergency assistance. This longstanding partnership has proven instrumental in providing trauma-informed care and ensuring victims receive comprehensive support throughout the criminal justice process. The proposed agreement renews and formalizes that ongoing collaboration, reflecting the continued commitment of both agencies to serve Madera residents affected by crime.

DISCUSSION:

The Community Action Partnership of Madera County (CAPMC) operates a comprehensive Victim Services Department that includes the Rape/Sexual Assault Program, Domestic Violence Program, Underserved Program, and Victim/Witness Program. These services are essential to support individuals impacted by violent crime, offering crisis intervention, safety planning, advocacy, and linkage to additional community resources.

Council Meeting of: November 5, 2025
Agenda Number:

B-13

RETURN TO AGENDA
The operational agreement formalizes the ongoing collaboration between MPD and CAPMC by outlining clear roles and shared responsibilities designed to enhance the overall delivery of victim services.

Roles and responsibilities:

MPD will:
 Inform crime victims of the availability of CAPMC’s Victim Services Department programs.  Contact CAPMC’s 24-hour crisis hotline to request on-scene victim support as needed.  Provide training to CAPMC volunteers and staff regarding law enforcement procedures.

CAPMC will:
 Remain available 24 hours a day to respond to requests for victim assistance within a reasonable timeframe.
 Provide training to MPD officers on victims’ rights and available services.

Both agencies will coordinate efforts to ensure that the best resources and services are made available to crime victims in Madera County.

This agreement reinforces the City’s commitment to a victim-centered approach in law enforcement operations, ensuring that those impacted by crime receive compassionate support and access to specialized resources.

The proposed operational agreement does not alter MPD’s investigative responsibilities or procedures; rather, it enhances coordination and service delivery through a collaborative, interagency framework. The proposed agreement will remain in effect from October 1, 2025, through September 30, 2028.

FINANCIAL IMPACT:

There is no financial impact associated with this agreement. The services outlined fall within the scope of MPD’s routine law enforcement duties, and participation does not impose additional costs or fiscal obligations upon the City.

ALTERNATIVES:

The City Council (Council) may choose not to approve the operational agreement. However, doing so may hinder the City’s ability to coordinate effectively with CAPMC and could negatively impact service delivery to crime victims. Alternatively, the Council may direct staff to return with additional information or modifications to the agreement before reconsideration.

ATTACHMENTS:

1. Resolution
a. Exhibit A: Operational Agreement with CAPMC
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN OPERATIONAL AGREEMENT ESTABLISHING

COORDINATION OF VICTIM SERVICES WITH THE COMMUNITY ACTION

PARTNERSHIP OF MADERA COUNTY AND AUTHORIZING THE CHIEF OF

POLICE TO EXECUTE THE AGREEMENT
WHEREAS, the Police Department (MPD) and the Community Action Partnership of Madera County (CAPMC) mutually recognize the importance of providing coordinated and comprehensive services to crime victims; and
WHEREAS, the operational agreement establishes defined roles and responsibilities between the two agencies to ensure that victims of violent crime receive timely, compassionate, and effective assistance; and
WHEREAS, the agreement outlines cooperative efforts, including information sharing, on-scene response, and cross-training between the Madera Police Department and CAPMC’s Victim Services Department; and
WHEREAS, the operational agreement is effective October 1, 2025, through September 30, 2028; and
WHEREAS, the City Council of the City of Madera desires to reaffirm its commitment to interagency coordination in the support of crime victims.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines, and orders as follows:

1. The above recitals are true and correct.

2. The City Council approves the Operational Agreement with the Community Action Partnership of Madera County, attached as Exhibit A.

3. The Chief of Police is authorized to execute the agreement on behalf of the City.

4. This resolution is effective immediately upon adoption. * * * * * * * *

EXHIBIT A

OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the Community Action Partnership of Madera County, Inc. (CAPMC)-Victim Services Department and City of Madera through its Police Department intend to work together toward the mutual goal of providing maximum available assistance for crime victims residing in Madera County. Both agencies believe that implementation of the Victim Services Department: Rape/Sexual Assault Program, Domestic Violence Program, Underserved Program, and Victim/Witness Program, and Child Advocacy Center (Victim Services Department) will further this goal.

To this end, each agency agrees to participate in the program, if implemented, by coordinating/providing the following services to the best of their individual entity abilities:
• Madera Police Department will inform all crime victims of the availability ofservices through the Victim Services Department.
• Madera Police Department will call for on-scene support to victims of violent crime by utilizing the crisis hotline 1 (800) 355-8989. Madera Police Department will have full scene control and will have full authority to determine if a scene is safe for outside non-public safety personnel to be present.
• Victim Services Department will be available 24-hours a day, 365 days per year, to respond to requests for assistance within a reasonable time. Upon receiving a call from Madera Police Department to the crisis hotline as noted above, should immediate services not be available, Victim Services Department will ensure services are provided as soon as practicable. Necessary medical or public safety processes will not be delayed due to unavailability of immediate victim services, nor will staff of the Madera Police Department be held on scene after the scene has cleared or been released to wait for Victim Services Department personnel.
• Victim Services Department will provide training to officers on victim’s rights and available services. Said training will be made available through recorded video to ensure training is available at all times and refresher training may be provided at any time.
• Madera Police Department will provide training in compliance with established policies and case law to volunteers and staff on law enforcement procedures. • Both agencies commit to working together to ensure that the best resources and services are offered to crime victims in Madera County.

Docusign Envelope ID: 8A810595-8D57-445B-B735-1D29388382CA Docusign Envelope ID: 8A810595-8D57-445B-B735-1D29388382CA CAPMC shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CAPMC’s performance of its obligations under this agreement or out of the operations conducted by CAPMC, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CAPMC’s performance of this agreement, the CAPMC shall provide a defense to the City indemnitees, or at the City’s option, reimburse the City indemnitees their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

CAPMC and City of Madera shall each procure and maintain through purchased insurance or selfinsurance for the duration of this agreement Commercial General Liability insurance with limits no less than $2,000,000 per occurrence/$4,000,000 in the aggregate, for bodily injury, personal injury, and property damage, including without limitation blanket contractual liability; Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury or property damage; and Worker’s Compensation as required by the State of California.

We, the undersigned, as authorized representatives of Community Action Partnership of Madera County, Inc.-Victim Services Department and City of Madera do hereby approve this Agreement effective October 1, 2025, through September 30, 2028
9/24/2025
Date Date
Signature Signature
Mattie Mendez, Executive Director Giachino Chiaramonte, Chief Community Action Partnership Madera Police Department
of Madera County, Inc.

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera County Department of Behavioral Health Services Fee Waiver Request for a Staff Appreciation & Recognition Celebration
RECOMMENDATION:

Adopt a Resolution waiving rental fees of Pan American Community Center on December 5, 2025, related to a Staff Appreciation & Recognition Celebration, hosted by Madera County Department of Behavioral Health Services, at an anticipated rental fee of $760 SUMMARY:

The City has received a request from Madera County Department of Behavioral Health Services (BHS) seeking a waiver of rental fees for the use of the Pan American Community Center (PACC), to host an Annual Staff Appreciation and Recognition Celebration.

BHS is requesting access to PACC starting at 10:00 am to 6 pm, inclusive of setup and cleanup time, on December 5, 2025.

DISCUSSION:

BHS has submitted a formal request in writing to use PACC to host an Annual Staff Appreciation & Recognition Celebration. The request comes specifically from BHS’s Staff Activities Committee.

The Committee has been fundraising all year in hopes of holding an engaging and appreciative all-staff meeting. The event is estimated to have approximately 170 employees participate.

The Staff Appreciation & Recognition Celebration will cover such items as a recognition ceremony for staff members, yearly accomplishments, goals for the upcoming year, and a meal will be provided.

Council Meeting of: November 5, 2025
Agenda Number: B-14

RETURN TO AGENDA
For this request, BHS is specifically requesting the rental of PACC, on Friday, December 5, 2025, from 10:00 am to 6 pm. This timeframe includes setup and cleanup.

This report provides details of the request and its alignment with community engagement and support of community partner initiatives for City Council’s consideration.

BHS is still subject to providing insurance documentation for City facility rentals that meet City requirements.

FINANCIAL IMPACT:

The applicable costs associated with the rental of PACC, with the space as requested, are summarized in Table 1, which would be applicable for this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
Administrative Fee $25
Kitchen Access $135
Gym Access – Full Day Rental $600
Total $760
The total applicable cost for the PACC rental would be $985.

ALTERNATIVES:

The Council may elect to reject the fee waiver and require BHS to remit any associated fees if they wish to rent PACC for the Staff Appreciation and Recognition Celebration on December 5, 2025.

ATTACHMENTS:

1. Resolution – Waiving the rental fees of Pan American Community Center on December 5, 2025, related to a Staff Appreciation & Recognition Celebration, hosted by Madera County Department of Behavioral Health Services, at an anticipated rental fee of $760

2. Letter of Request
ATTACHMENT 1
Resolution – Waiving the rental fees of Pan American Community Center on December 5, 2025, related to a Staff Appreciation & Recognition Celebration, hosted by Madera County Department of Behavioral Health Services, at an anticipated rental fee of $760 RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, WAIVING THE RENTAL FEES OF PAN AMERICAN
COMMUNITY CENTER ON DECEMBER 5, 2025, RELATED TO A STAFF

APPRECIATION & RECOGNITION CELEBRATION, HOSTED BY MADERA

COUNTY DEPARTMENT OF BEHAVIORAL HEALTH SERVICES, AT AN
ANTICIPATED RENTAL FEE OF $760
WHEREAS, the City has received a request for the waiver of fees for the rental of the Pan American Community Center (PACC); and
WHEREAS, the request is from the Madera County Department of Behavioral Health Services (BHS); and
WHEREAS, BHS is looking to host a Staff Appreciation & Recognition Celebration; and WHEREAS, the request is for rental utilization on Friday, December 5, 2025, from 10 am – 6 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $760; and WHEREAS, BHS is still subject to providing insurance documentation for City facility rentals that meet City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

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

2. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that BHS’s Staff Appreciation & Recognition Celebration promotes employee engagement and employee appreciation efforts within the City of Madera.

3. The City Council does hereby waive the City fees for the Rental Fees of the Pan American Community Center on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Letter of Request
Madera County Department of Behavioral Health Services
Staff Activities Committee
209 E 7th Street
Madera, CA 93638
09/03/2025
Mayor and City Council of Madera
205 W 4th Street
Madera, CA 3637
Dear Mayor and City Council of Madera:

As the end of 2025 approaches, Madera County Department of Behavioral Health Services Staff Activities Committee would like to request a fee waiver to help us hold our Annual Staff Appreciation and Recognition Celebration at the Pan American Community Center on December 5, 2025, from 10 a.m. to 6 p.m. Our committee members are, Andy Camarillo-Arzola (Administrative Analyst II/HR Liaison/Committee Head Lead), Melissa Torres (Executive Assistant/Head Lead), Melissa Mejia (Administrative Assistant/Treasurer), Breanna Beavers (Senior Program Assistant/Member), Kathleen Casillas (Behavioral Health Clinician II/Member), Michelle Miramontes (Office Assistant II/Member), and Daniela Renteria (Senior Program Assistant/ Member). The committee and its members were created at the beginning of 2025 by our former Director and Leadership team to help boost morale and staff engagement in our department. The committee heads work with the members to develop ideas for staff engagement and boost morale by organizing fundraisers and fun activities for staff. Fundraisers are held monthly, and “Fun Fridays” are held on the first Friday of every month. Some of the activities we have done include Wear Your Favorite Jersey Day, department potlucks, Donut Day, and more. The purpose of staff engagement and morale boosting is to fulfill the area of our department’s established Recruitment and Retention Plan created to help our department grow.

Our committee has worked all this year to raise funds in hopes of holding an engaging and appreciative meeting for all staff. Unfortunately, our department does not have space available to host such an event for all our staff to attend to, also spaces available in our area are out of our price range to afford. We would like you to consider us in receiving a fee waiver to reserve an area to host our celebration this year. The celebration will cover items such as a recognition ceremony for staff members, yearly accomplishments, goals for the upcoming year, and a meal will be provided. Our goal is to have all staff members participating and engage with other co-workers within our department as we have 4 different locations, and it is often difficult for all 170 employees to network as one department. In appreciation to being considered and approved for the waiver our committee will ensure to include the City of Madera’s logo and name of Mayor and City Council member names in our flyers we will be sending staff of the event and as well in our end of the year video that is created and sent out to staff to recap all events of the year. Our department is also open for the City of Madera to set up a resource booth at our event for staff to stop by and receive informational materials.

Thank you so much for your time and we hope to hear from you all soon.

Sincerely,
MCDBHS Staff Activities Committee
(559)395-0451 Ext.1212
[email protected]

REPORT TO CITY COUNCIL
Approved by:
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Unified School District Fee Waiver Requests
RECOMMENDATION:

Adopt Resolutions waiving rental fees of:

1. The John Wells Youth Center on November 18, 2025, related to an Educational Services Division Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $145

2. The John Wells Youth Center on April 23, 2026, related to a Principal Professional Learning Communities Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $245

3. The Pan American Community Center on April 28, 2026, related to a Student and Family Support Services Division Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $175
SUMMARY:

The City received a request from Madera Unified School District (MUSD) seeking a waiver of rental fees for the use of the John Wells Youth Center (JWYC) and the Pan American Community Center (PACC) to host three events on separate dates.
 Educational Services Division Meeting on November 18, 2025, requesting use of the JWYC.
 Principal Professional Learning Communities Meeting on April 23, 2026, requesting use of the JWYC.
 Student and Family Support Services Division Meeting on April 28, 2026, requesting use of the PACC.

Council Meeting of: November 5, 2025
Agenda Number: B-15

RETURN TO AGENDA
DISCUSSION:

MUSD has submitted a formal request in writing to use both the JWYC and the PACC to host three events on separate dates.

The first event would take place on November 18, 2025, for an Educational Services Division Meeting, with the JWYC being requested as the event site. The request is to use the facility from 2:30 pm to 5:30 pm, specifically the Craft Room.

The second event would take place on April 23, 2026, for a Principal Professional Learning Communities Meeting, with the JWYC being requested as the event site. This request includes using the facility from 7:30 am to 1 pm, specifically the Craft Room.

The third event would take place on April 28, 2026, for a Student and Family Support Services Division Meeting, with the PACC being requested as the event site. The request is to use the facility from 2:30 pm to 5:30 pm, specifically the Multi-Purpose Room.

MUSD is requesting the use of City facilities, citing budgetary constraints and limited meeting spaces within its own facilities.

While staff supports the request, MUSD is still required to provide insurance documentation for City facility rentals that meet City requirements.

FINANCIAL IMPACT:

The applicable costs for renting the JWYC and PACC, with the requested dates and spaces, are summarized in Table 1 and would apply to this rental. Costs are derived from the City of Madera Master Fee Schedule.

Table 1: Estimated Financial Impact Without Fee Waiver
November 18, 2025
Administrative Fee $25
Craft Room x 3 hours $120
Total $145
April 23, 2026
Administrative Fee $25
Craft Room x 5.5 hours $220
Total $245
April 28, 2026
Administrative Fee $25
Multi-Purpose Room x 3 hours $150
Total $175
ALTERNATIVES:

The Council may elect to reject the fee waiver and require MUSD to remit any associated fees if they wish to rent the JWYC and PACC on the listed dates and times.

ATTACHMENTS:

1. Resolution waiving rental fees of the John Wells Youth Center on November 18, 2025, related to an Educational Services Division Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $145

2. Resolution waiving rental fees of the John Wells Youth Center on April 23, 2026, related to a Principal Professional Learning Communities Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $245

3. Resolution waiving rental fees of the Pan American Community Center on April 28, 2026, related to a Student and Family Support Services Division Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $175

4. Letter of Request
ATTACHMENT 1
Resolution – Waiving the rental fees of the John Wells Youth Center on November 18, 2025, related to an Educational Services Division Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $145
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER ON NOVEMBER 18, 2025, RELATED TO AN EDUCATIONAL

SERVICES DIVISION MEETING, HOSTED BY MADERA UNIFIED SCHOOL DISTRICT, AT AN ANTICIPATED RENTAL FEE OF $145
WHEREAS, the City has received a request for the waiver of fees for the rental of the John Wells Youth Center (JWYC); and
WHEREAS, the request is from the Madera Unified School District (MUSD); and WHEREAS, MUSD is looking to host an Educational Services Division Meeting; and WHEREAS, the request is for rental utilization on Tuesday, November 18, 2025, from 2:30 pm – 5:30 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $145; and WHEREAS, MUSD is still subject to providing insurance documentation for City facility rentals that meet City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

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

2. The Council finds that the waiver of fees as outlined in this resolution serves a valid public purpose in that MUSD’s Educational Services Division Meeting promotes employee engagement and education efforts within the City of Madera.

3. The City Council does hereby waive the City fees for Rental Fees of the John Wells Youth Center on the date and time identified, subject to confirmation of insurance.

4. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 2
Resolution – Waiving the rental fees of the John Wells Youth Center on April 23, 2026, related to a Principal Professional Learning Communities Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $245
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, WAIVING THE RENTAL FEES OF THE JOHN WELLS YOUTH CENTER ON APRIL 23, 2026, RELATED TO A PRINCIPAL PROFESSIONAL

LEARNING COMMUNITIES MEETING, HOSTED BY MADERA UNIFIED
SCHOOL DISTRICT, AT AN ANTICIPATED RENTAL FEE OF $245
WHEREAS, the City has received a request for the waiver of fees for the rental of the John Wells Youth Center (JYWC); and
WHEREAS, the request is from the Madera Unified School District (MUSD); and WHEREAS, MUSD is looking to host a Principal Professional Learning Communities Meeting; and
WHEREAS, the request is for rental utilization on Thursday, April 23, 2026, from 7:30 am – 1 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $245; and WHEREAS, MUSD is still subject to providing insurance documentation for City facility rentals that meet City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

5. The foregoing recitals are true and correct and incorporated herein by reference.

6. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that MUSD’s Principal Professional Learning Communities Meeting promotes employee engagement and employee education efforts within the City of Madera.

7. The City Council does hereby waive the City fees for Rental Fees of the John Wells Youth Center on the date and time identified, subject to confirmation of insurance.

8. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 3
Resolution – Waiving the rental fees of the Pan American Community Center on April 28, 2026, related to a Student and Family Support Services Division Meeting, hosted by Madera Unified School District, at an anticipated rental fee of $175
RESOLUTION NO. 25-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, WAIVING THE RENTAL FEES OF THE PAN AMERICAN COMMUNITY CENTER ON APRIL 28, 2026, RELATED TO A STUDENT AND

FAMILY SUPPORT SERVICES DIVISION MEETING, HOSTED BY MADERA UNIFIED SCHOOL DISTRICT, AT AN ANTICIPATED RENTAL FEE OF $175 WHEREAS, the City has received a request for the waiver of fees for the rental of the Pan American Community Center (PACC); and
WHEREAS, the request is from the Madera Unified School District (MUSD); and WHEREAS, MUSD is looking to host a Student and Family Support Services Division Meeting; and
WHEREAS, the request is for rental utilization on Tuesday, April 28, 2026, from 2:30 pm – 5:30 pm, including setup and cleanup time; and
WHEREAS, the estimated fees for the request are calculated based on the City of Madera Master Fee Schedule; and
WHEREAS, the fees for the event are calculated at $175; and WHEREAS, MUSD is still subject to providing insurance documentation for City facility rentals that meet City requirements.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

9. The foregoing recitals are true and correct and incorporated herein by reference.

10. The Council finds that the waiver of fees as set forth in this resolution serves a valid public purpose in that MUSD’s Student and Family Support Services Division Meeting promotes employee engagement and employee education efforts within the City of Madera.

11. The City Council does hereby waive the City fees for Rental Fees of Pan American Community Center on the date and time identified, subject to confirmation of insurance.

12. This resolution is effective immediately upon adoption. * * * * * *
ATTACHMENT 4
Letter of Request
9/17/25
Madera Unified
School District
City of Madera
Parks & Community Services Department
701 East 5th Street,
Madera, CA 93638
Subject: Request for Fee Waiver
Dear City of Madera Staff,
1902 Howard Road, Madera, CA 93637
559.675.4500
Fax: 559.675.1186
www.madera.k12.ca.us
On behalf of Madera Unified School District, I am writing to formally request a fee waiver for the following upcoming events:
• Educational Services Division Meeting - November 18, 2025 • Principal Professional Learning Communities Meeting - April 23, 2026 • Student and Family Support Services Division Meeting - April 28, 2026 Each of these events provides vital opportunities for collaboration, planning, and professional growth that directly support the success of our students, families, and staff.

Due to budgetary constraints and limited meeting spaces within our own facilities, we are reaching out to the City of Madera to request the use of available locations for these meetings. Waiving the associated fees will allow us to dedicate more resources directly to the programs and services that most benefit our community.

We truly appreciate your consideration and support in making these important gatherings possible.

Please feel free to contact me or my administrative assistant, Gloria Ramirez at (559) 675-4500 extension 248 or [email protected] if additional information is needed.

Sincerely,
Oracio
{)Mou;J�Rodriguez
Assistant Superintendent of School Leadership
Madera Unified School District
559.675.4500 ext. 248
o d Lie
Superi11tendent
Boa d of Trustees Ruben Mendoza, Clerk Israel Cortes
Ray G. Siebert, President Nadeem Ahmad Gladys A. Diebe1·t Joetta Fleak
Lucy Salazar

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Grant award from the Federal Highway Administration for the Safe Streets and Roads for All Program
RECOMMENDATION:

Adopt a Resolution accepting a grant award from the Federal Highway Administration in the amount of $338,520 and designating the City Manager as the Authorizing Official to accept the grant award
SUMMARY:

The City applied for and was awarded $338,520 by the Safe Streets and Roads for All (SS4A) grant program, provided by the Federal Highway Administration (FHWA). The purpose of the SS4A program is to improve roadway safety by significantly reducing and eventually eliminating roadway fatalities and serious injuries. The grant, which requires a local match of $84,630, was awarded to the City to prepare a Local Road Safety Plan (LRSP).

DISCUSSION:

As a prerequisite to many grant opportunities, the City is required to have a LRSP in place. The goal of a LRSP is to provide a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads. To date, the City has not had a formal LRSP in place due to a lack of funding to perform a study of this scope.

The SS4A grant program, which is offered by the FHWA, exists to help agencies improve road safety and reduce, or eliminate, roadway fatalities. The planning component of the SS4A grant program is designed to provide funds for municipalities to create their own LRSP. This allows the City the opportunity to not only create an LRSP, which will be used to enhance road safety, but also the ability to apply for additional grants that were previously unavailable.

Council Meeting of: November 5, 2025
Agenda Number: B-16

RETURN TO AGENDA
In addition to the $338,520 in federal SS4A funds, a local match of $84,630 in Local Transportation Fund (LTF) funds will be utilized. A summary of these funds can be found below in Table 1:

Table 1: Funding Breakdown
Fiscal Year (FY) Amount
SS4A Grant $338,520
LTF Funds $84,630
Total $423,150
These funds will be used to issue a Request for Proposals (RFP) to hire a qualified consultant. The selected consultant, with oversight from City staff, will undertake most activities related to the creation of a LRSP. These activities can include but are not limited to; field studies, data analysis, community outreach, and draft/final report preparation.

These funds were previously included in both the City’s annual budget, as well as the current 5- year Capital Improvement Plan (CIP) document. As such, no budget adjustment is required.

However, to execute the agreement with FHWA and receive federal funding, the City Manager must be designated as the Authorizing Official acting on behalf of the City.

FINANCIAL IMPACT:

There will not be an impact on the City’s General Fund, as the combination of federal and local transportation funds is paying for the LRSP in its entirety.

ALTERNATIVES:

Council may decline the grant funds or suggest alternative sources of funding to be used as a local match.

ATTACHMENTS:

1. Resolution accepting a grant award from the Federal Highway Administration in the amount of $338,520 and designating the City Manager as the Authorizing Official to accept the grant award

2. Safe Streets and Roads for All Grant Agreement
Attachment 1
Resolution Accepting the SS4A Grant Award
RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ACCEPTING A GRANT AWARD FROM THE FEDERAL
HIGHWAY ADMINISTRATION IN THE AMOUNT OF $338,520 AND

DESIGNATING THE CITY MANAGER AS THE AUTHORIZING OFFICIAL TO

ACCEPT THE GRANT AWARD
WHEREAS, the City of Madera was awarded $338,520 from the Safe Streets and Roads for All Grant Program; and
WHEREAS, the City of Madera will contribute a local match of $84,630 using Local Transportation Funds; and
WHEREAS, the grant funds will be used to retain a qualified consultant to create a Local Road Safety Plan.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The above recitals are true and correct.

2. The grant award of $338,520 from the Federal Highway Administration is accepted.

3. The City Manager is designated as the Authorizing Official to accept the grant on behalf of the City and execute all necessary documents related to the grant.

4. This resolution is effective immediately upon adoption. * * * * * * * * * * *
Attachment 2
Safe Streets and Roads for All Grant Agreement
1 of 15

1. Federal Award No.
693JJ32640076

2. Effective Date
See No. 16 Below

3. Assistance
Listings No.

20.939

4. Award To
City of Madera
205 W. Fourth Street
Madera, CA 93637-3628
Unique Entity Id.: GM14DSJ51PR1
TIN No.: 94-6000365

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
Effective Date of Award – 36 Months

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$338,520
$84,630
$0
$0
$423,150

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (IIJA, Pub. L. 117–58, November
15, 2021)

10. Procurement Request No.

HSA240720PR

11. Federal Funds Obligated
$338,520

12. Submit Payment Requests To
See Article 5.

14. Description of the Project
To complete the Comprehensive Road Safety Action Plan.

13. Accounting and Appropriations Data
15X0174E50.0000.055SR30500.5592000000.
41010.61006600

RECIPIENT

15. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Arnoldo Rodriguez
Title: City Manager

FEDERAL HIGHWAY ADMINISTRATION

16. Signature of Agreement Officer
______________________________________
Signature Date
Name: Hector R. Santamaria
Title: Agreement Officer
2 of 15
U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Madera (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the City of Madera Comprehensive Road Safety Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,” dated March 17, 2025, which is available at https://www.transportation.gov/grants/ss4a/grantagreements under “Fiscal Year 2024.” Articles 7–33 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (IIJA, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-governmentwide integrity and performance system. 3 of 15
ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application
Application Title: City of Madera Comprehensive Road Safety Plan Application Date: 03/25/2025

2.2 Award Amount
SS4A Grant Amount: $338,520

2.3 Federal Obligation Information
Federal Obligation Type: Single

2.4 Budget Period
Budget Period: See Block 6 of Page 1

2.5 Grant Designation
Designation: Planning and Demonstration
ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work
The project will be completed in one phase as follows:

The City of Madera is seeking $338,520 (With a 20% local match of $84,630) from the FY24 Safe Streets and Roads for All grant program to fund the creation of a Comprehensive Road Safety Plan.

The proposed plan would blend elements from both the State of California’s Strategic Highway Safety Plan and the Madera County Active Transportation Plan, as well as implementing the Federal Highway Administration (FHWA) Safe Systems Approach.

3.2 Project’s Estimated Schedule
Action Plan Schedule
Milestone Schedule Date
Planned Final Plan Publicly Available
Date:
05/01/2028
Planned SS4A Final Report Date: 12/01/2028
(a) Eligible Project Costs
4 of 15
Eligible Project Costs
SS4A Grant Amount: $338,520
Other Federal Funds: $0
State Funds: $0
Local Funds: $84,630
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $423,150
(b) [RESERVED]
(c) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.

ARTICLE 4

CONTACT INFORMATION

4.1 Recipient Contact(s)
Nicole Say
Administrative Analyst
City of Madera
428 W. Yosemite Ave., Madera, CA, 93638
(559) 661-3688
[email protected]

4.2 Recipient Key Personnel
Name Title or Position
Ellen Bitter Deputy City Engineer
Jonathan Gramajo Senior Civil Engineer

4.3 USDOT Project Contact(s)
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
5 of 15
Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-42, Mail Stop E62-310
1200 New Jersey Avenue, S.E.

Washington, DC 20590
[email protected]
and
Division Administrator California
Agreement Officer’s Representative (AOR)
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5001
[email protected]
and
Maria Bhatti
California – Division Office Lead Point of Contact
Safety Program Manager
650 Capitol Mall, Ste. 4-100
916-498-5002
[email protected]
6 of 15
ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver.
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(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.

6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.

6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website.

6.5 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance with the terms and conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement.

6.6 Pursuant to the court’s preliminary injunction order in State of California v. Duffy, 1:25-cv-00208- JJM-PAS (D.R.I.) (June 19, 2025), DOT will not impose or enforce the challenged immigration enforcement condition* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to Plaintiff States or local government entities within those States (collectively referred to as “Plaintiff State Entities”), or otherwise rescind, withhold, terminate, or take other adverse action, absent specific statutory authority, based on the challenged immigration enforcement condition while DOT is subject to an injunction. DOT will not require Plaintiff State Entities to make any certification or other representation related to compliance the challenged immigration enforcement condition nor will DOT construe acceptance of funding from DOT as certification as to the challenged immigration enforcement condition.
*The challenged immigration enforcement condition:
“[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law.”

6.7 There are no other special grant requirements.
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ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: Various locations throughout the City of Madera Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Costs
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.

Within 120 days
after the end of the
period of
performance
9 of 15

ATTACHMENT B

CHANGES FROM APPLICATION
Scope:

Schedule: The original application listed a Period of Performance of 12 months (01/01/2025 through 12/31/2025). Upon further reflection, the recipient has determined that this is not a sufficient timeframe for completion of a well-done and thorough comprehensive safety action plan. 24 months has been added to the Period of Performance for a total of a 36-month Period of Performance.

Budget:

The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
10 of 15

ATTACHMENT C
[RESERVED]
11 of 15

ATTACHMENT D
[RESERVED]
12 of 15

ATTACHMENT E

LABOR AND WORK

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)
The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.)
The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.)
The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.) X
The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in Attachment B. (Identify the relevant actions from Attachment B in the supporting narrative below.) The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

All work for this Project will be conducted consistent with the City of Madera’s hiring, employment, and procurement standards and thus support good-paying jobs. The Project will allow for free and fair choice to join a union, consistent with applicable law.
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All applicable construction contracts adhere to California Labor Code sections 1170, 1776, 1777.5, and 1777.6. As such, prevailing wages must be paid on these contracts, contractors are required to maintain payroll records that must be made available at the City’s request to allow us to review for compliance, and contractors and subcontractors must employ apprentices and make contributions to funds established for the administration of apprenticeship programs when required pursuant to section 1777.5 of the California Labor Code.

In addition, the City has adopted Administrative Policy 58 Equal Employment Opportunity Policy, which in part states, “The City, as well as its recipients, subrecipients, and contractors, will not discriminate in employment practices based on race, color, religious creed, ancestry, national origin, age, sex (includes sexual harassment), pregnancy (childbirth or related medical conditions), marital status, sexual orientation (heterosexuality, homosexuality and bisexuality), medical condition (cancer and genetic characteristics), mental or physical disability (includes HIV and AIDS), political affiliation/opinion, Veteran's status, or request for family medical leave.”
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ATTACHMENT F

CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE

1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats.

The Recipient states that rows marked with “X” in the following table are accurate:

The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.

The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.

The Recipient complies with 2 CFR 200.216 and the prohibition on certain telecommunications and video surveillance services or equipment.

2. Supporting Narrative.

N/A. This grant will not fund the purchase of Information Technology and/or Operational Technology. 15 of 15

ATTACHMENT G
[RESERVED]

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Second Reading and Adoption of an Ordinance Adopting the 2025 California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Historical, Fire, Existing Building, Green Building Standards, and Reference Standards Codes RECOMMENDATION:

Waive Full Reading, and adopt an Ordinance of the City Council of the City of Madera adopting the 2025 California Building, Plumbing, Mechanical, Electrical, Fire, Residential, Energy, and Green Building Standards Codes, including Appendix CJ of the California Residential Code, and Appendix Q of the California Building Code, by repealing Chapter 1 of Title IX, and adding Chapter 1 of Title IX of the Madera Municipal Code, with the associated CEQA Findings
SUMMARY:

Adoption of an ordinance requires two actions by the City Council: the introduction of the Ordinance (first reading); and the adoption of the Ordinance (second reading). The Council waived the first reading and introduced by title only the Ordinance to adopt the 2025 California Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Historical, Fire, Existing Building, Green Building Standards, and Reference Standards Codes including Appendix CJ of the California Residential Code, and Appendix Q of The California Building Code at a public hearing held on October 15, 2025.

Every three years, the California Building Standards Commission ("Commission") reviews and modifies the California Building Codes, which consist of the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Wildland-Urban Interface, Historical Building, Fire, Existing Building, Green Building Standards Codes, and Reference Standards Codes. The 2025 editions were published July 1, 2025, and local jurisdictions have 180 days in which to adopt the 2025 edition of the Codes. The proposed ordinance would update the Municipal Code to specifically incorporate these Codes to help ensure the safety of the community.

Council Meeting of: November 5, 2025
Agenda Number: ________
B-17

RETURN TO AGENDA
DISCUSSION:

The 2025 California Building Standards Code adopts the 2025 Codes, which incorporate by reference necessary California amendments to the 2024 International Building Code, 2023 National Electrical Code, 2024 Uniform Mechanical Code, 2024 Uniform Plumbing Code, and 2024 International Residential Code, and is mandated by the California Building Standards Commission for statewide adoption and enforcement. The City of Madera has the authority to make necessary modifications to the Codes.

The following CCR Title 24 CA Building Standards Code go into effect on January 1, 2026:
 Part 1 California Administrative Code (CAC)
 Part 2 California Building Code (CBC)
 Part 2.5 California Residential Code (CRC)
 Part 3 California Electrical Code (CEC)
 Part 4 California Mechanical Code (CMC)
 Part 5 California Plumbing Code (CPC)
 Part 6 California Energy Code (CEEC)
 Part 7 California Wildland-Urban Interface Code
 Part 8 California Historical Building Code (CHBC)
 Part 9 California Fire Code (CFC)
 Part 10 California Existing Building Code (CEBC)
 Part 11 California Green Building Standards Code (CALGreen)  Part 12 California Referenced Standards Code
Adopting the 2025 California Building Codes ensures compliance with existing standards adopted by the State. Local amendments are limited to those determined to be essential to administer responsibilities in daily operations effectively and to maintain previous amendments approved by Council.

Appendix CJ & Appendix Q Emergency Housing and Facilities. These appendices pertain to emergency sleeping cabins, emergency transportable housing units, membrane structures and tents constructed and/or assembled in accordance with these appendices, and which shall be occupied only during declaration of state of emergency, local emergency or shelter crisis. Buildings and structures constructed in accordance with the California Building Standards Code, used as emergency housing, shall be permitted to be permanently occupied.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed activity has been reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA) Guidelines.

The update of the Madera City Municipal Code is considered to be exempt pursuant to California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) as there is not a reasonable possibility that the amendments may have a significant adverse impact on the environment as i) California law mandates that on January 1, 2026, all portions of the 2025 California Code of Regulations Title 24 will be effective within the City regardless of whether the City takes any action, which regulations thereby serves as a baseline for the purposes of CEQA; and ii) no local amendments are being proposed to said regulations which would result in a significant, adverse impact to the environment given the environmental baseline.

As such, no further analysis is required under CEQA.

FINANCIAL IMPACT:

There are no direct financial impacts directly to the City other than the staff time required to prepare this report. Implementation will occur as construction drawings are submitted for City review, at which time applicants will be required to remit fees in accordance with the Master Fee Schedule.

ACTIONS FOLLOWING APPROVAL:

If necessary, the City Clerk and Building Official will cause the local amendments and findings to be refiled with the California Building Standards Commission.

ALTERNATIVES
Local jurisdictions are required to adopt the California Building Standards Code within 180 days after Title 24 of the California Code of Regulations (CCR) is published.

As an alternative to staff’s recommendation, the Council may elect to adopt the California Building Standards Codes with local amendments deemed necessary to address local climatic, geological, topographical, or environmental conditions for CALGreen; and/or, without inclusion of the staff recommended appendices; and/or, with inclusion of additional appendices.

ATTACHMENTS:

1. Proposed Ordinance adopting 2025 California Building Standards Codes

The foregoing Ordinance No. ________ was introduced and given its first reading at a regular meeting of the City Council of the City of Madera held on the 15th day of October 2025 and adopted after a second reading at a regular meeting of the City Council held on the 5th day of November 2025 by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

APPROVED:

Cecelia Gallegos, Mayor
ATTEST:

ALICIA GONZALES, City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Amendment No. 2 to Agreement with CDM-Smith for Professional Engineering Design Services for Water Well 37, Project W-GW-001
RECOMMENDATION:

Adopt a Resolution Approving Amendment No. 2 to the Agreement with CDM-Smith in the amount of $75,000 for professional engineering design services for Water Well No. 37, City Project No. W-GW-001
SUMMARY:

On May 18, 2022, City Council (Council) approved an agreement with CDM-Smith for professional engineering design services for a new Water Well No. 37 (Project). Council approved an Amendment to Agreement No. 1 with CDM-Smith on May 1, 2024, for additional structural engineering design work to update the project plans to current standards, incurring an extra cost of $18,000 and extending the agreement until December 25, 2025.

The project was bid last spring and Steve Dovali Construction was awarded the contract on June 18, 2025. Additional professional engineering services are required by CDM-Smith in order to assist with the construction management activities associated with the construction of Water Well 37. This extra services cost shall not exceed $75,000.

DISCUSSION:

In 2009, CDM-Smith was hired to provide project plans, specifications, and estimates (PS&E) for two City water wells: a new Water Well 37 at the northwest intersection of Cleveland and N. Granada Drive and upgrades to the existing Water Well No. 18, located at N. Gateway and Central Avenue. Ultimately the Well 18 Rehabilitation Project moved forward as a standalone project in February 2014. Due to persistent drought conditions in California, the completion of Council Meeting of: November 5, 2025
Agenda Number: _______ B-18

RETURN TO AGENDA
Well 37 was reintroduced into the CIP program as Well No. 37 W-GW-001. The City entered into an agreement with CDM-Smith on May 18, 2022, to update the bid documents for the Project. On May 1, 2024, Council approved Amendment No. 1 to the Agreement for additional structural engineering services and an extension of the contract performance period. The cost for the additional work was $18,000.

The project was successfully bid and on May 20, 2025, Steve Dovali Construction was awarded the contract to build the well. Construction is anticipated to take at least a year due to long lead time on specified equipment.

The original CDM-Smith contract had limited participation during the construction phase after a contractor was awarded the project. To provide the most efficient construction oversight for staff and the contractor, staff is recommending additional work to CDM-Smith during the construction phase of the work. This would include attending construction progress meetings, reviewing requests for information, change orders, project submittals, completion of record drawings and selected project site visits. CDM-Smith agrees to extend the contract completion date to July 1, 2027, for completion of the work under the original terms. Staff has contacted CDM-Smith and negotiated a fee of $75,000 to provide the requisite services as described above. The work will begin immediately upon approval of this agreement.

FINANCIAL IMPACT:

The cost for the additional work shall not exceed $75,000, which can be covered with the current project budget. The Project is currently programmed in the Capital Improvement Projects Budget under Project W-GW-001 coming from water capital outlay and water well impact fees.

ALTERNATIVES:

Should Council not approve the Amendment No. 2, delays to construction could occur due to additional efforts required by Staff to cover the items to be performed by CDM-Smith. Delays to other capital project could result from an impact of additional efforts required for the Well 37 project.

ATTACHMENTS:

1. Resolution

2. Amendment No. 2 to Agreement with CDM-Smith for Professional Engineering Design Services for a Water Well 37, Project W-GW-001
Attachment 1
Resolution
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA
APPROVING AMENDMENT NO. 2 TO AGREEMENT WITH CDM-SMITH IN THE AMOUNT OF $75,000.00 FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR A WATER WELL 37, CITY PROJECT NO. W-GW-001 WHEREAS, the City of Madera entered into an agreement on May 18, 2022 with CDM-Smith (Consultant) for professional engineering design services to update the contract documents for construction of new Water Well No. 37 (Agreement); and WHEREAS, the City of Madera entered into an Amendment No. 1 to Agreement on May 1, 2024 with Consultant for professional engineering design services to update the contract documents for the Project (Agreement); and
WHEREAS, the City requested additional services to be provided by the Consultant related to the construction management phase; and
WHEREAS, it is necessary to extend the term of the Agreement to complete the scope of work as defined in the Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby finds, orders, and resolves as follows:

1. The recitals listed above are true and correct.

2. The City approves Amendment No. 2 to the Agreement with CDM-Smith for Professional Engineering Design Services Agreement, a copy of which is attached hereto and incorporated by reference.

3. The Resolution is effective immediately upon adoption. * * * * * * * * * * *
Attachment 2
Amendment No. 2
AMENDMENT NO. 2
AGREEMENT WITH CDM-SMITH, INC., FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN OF WELL 37 IN THE CITY OF MADERA, PROJECT W-GW-001 This Amendment No. 2 to the Professional Engineering Services Agreement (“Amendment No. 2”) is entered between the City of Madera, a Municipal Corporation (“City”), and CDM-SMITH, Inc., located in San Francisco CA, (“Consultant”).

R E C I T A L S
WHEREAS, on May 18, 2022, City and the Consultant entered into an Agreement for professional engineering services for design of a new water well 37 (“Agreement”); and WHEREAS, on May 1, 2024, City and the Consultant entered into Amendment No. 1 to Agreement for professional engineering services for design of well 37 (Amendment No. 1 to Agreement”) to extend the contract completion date to December 25, 2025 and to include additional structural engineering calculations to meet the current industry design standards; and
WHEREAS, CITY and Consultant wish to modify the Scope of Work required to complete this project, and
WHEREAS, CITY and Consultant wish to amend the Agreement to add consultant participation during the construction phase of the work which will include submittal review, attending construction progress meetings and review of contractor change orders, site visits, and preparation of record drawings.

A G R E E M E N T
Based on the foregoing recitals, the Parties hereto mutually agree as follows:

A. SECTION 2. SCOPE OF WORK. The parties agree that CONSULTANT shall perform the additional services set forth in Exhibit A, attached hereto and incorporated herein by reference.

B. SECTION 5. COMPENSATION. The Parties agree that the Agreement is amended to provide that the compensation to be paid for the additional service as provided in Section A of this Second Amendment, above, shall not exceed $75,000 in accordance with the Fee and Billing Rates in Exhibit A and Exhibit B “Rate Table”.

C. SECTION 11. TIME OF COMPLETION. Subsection D is amended as follows: The Expiration Date of the Agreement is extended to June 30, 2027.

D. Except as amended by this Amendment No. 2, all other terms, and conditions of the Agreement, as amended, remain in full force and effect.

E. This Amendment No. 2 to Agreement shall be effective upon full execution by both Parties.
(SIGNATURES ON NEXT PAGE)

CITY OF MADERA
A municipal corporation of
the State of California
By: _________________________________
Cecelia K. Gallegos, Mayor
Date: _______________________________
CDM- SMITH, INC.

By: _________________________________
By: _________________________________
Date: _______________________________
ATTEST:

By: _________________________________
Alicia Gonzales, City Clerk
Date: _______________________________
APPROVED AS TO FORM:

By: _________________________________
Shannon L. Chaffin, City Attorney
Date: _______________________________
2300 Clayton Road, Suite 950
Concord, California 94520
tel: 925-933-2900
August 25, 2025

EXHIBIT A

SCOPE OF WORK
The terms and conditions established in the original Agreement dated May 18, 2022, will remain as the basis for this amendment. This Scope of Work for this Amendment 2 consists of the following activities to be completed within this amendment.

Task 1 – Final Design
This task has been completed, and no new activities are anticipated in this task.

Task 2 – Engineering Services During Construction (ESDC) General
CDM Smith will provide the following services during construction and closeout of the Well 37 facilities. The scope of work for these services during construction is based on the request for services from the City and the assumptions listed below. The services provided will include the following:
• Responses to Contractor Requests for Information
• Review of Contractor’s technical submittals (materials and equipment) • Participation in construction progress meetings with the City and Contractor • Site visit to ensure constructed facilities meet the intent of the design • Preparation of Record Drawings
The construction period for which these services will be provided is expected to extend through July 31, 2026.

Requests for Information (RFIs)
CDM Smith’s original Scope of Work includes budget of up to twenty (20) hour for responses to �ield questions/requests for information (RFIs) from the Contractor during construction.

There is no added scope or budget for responding to RFIs during construction with this Amendment.

Matt Bullis
August 25, 2025

Submittal Review
The objective of the Contractor submittal, and re-submittal, reviews is to ensure compliance with the construction contract documents. CDM Smith will review material and equipment submittals, as directed by the City, during the course of construction.

CDM Smith will receive material and equipment submittals/cutsheets to be reviewed through a transmission from the City or City’s representative (via email or through a construction management software system). Upon receiving the submittals, CDM Smith will review and complete submittal review cover sheet accepting the submittal or determining it to be re-submitted, with comments.

CDM Smith’s submittal review and approval will not extend to means, methods, techniques, sequence, or procedure of construction except where a particular means, method, technique, sequence, or procedure of construction is speci�ically and expressly called for by the construction documents, or to safety precautions or programs.

CDM Smith will provide a written summary of comments rather than annotate copies of submittal wherever possible. When annotations are required due to format of the submittals, they will be made on only one set of the submittals. If the physical size of the submittal is 11x17 inches, or less, these annotated copies will be scanned and returned in PDF format. Otherwise, one annotated paper copy will be returned to the Construction Manager.

If CDM Smith’s submittal review comments result in changes to the requirements of the contract construction documents, CDM Smith will indicate in its submittal response transmittal that a Change Order request may be necessary.

Construction Progress Meetings
The objective of this activity is to provide clari�ication of the design intent and prioritize submittal and RFI responses during construction.

CDM Smith will participate in up to two (2) construction progress meeting per month, for a total of twenty-four (24) meetings, with the City and Contractor via MS Teams or Zoom teleconference for a duration of up to one hour each. One (1) CDM Smith staff member will participate in the calls to provide updates on submittal review status, insite into the intent of the design, or other information as requested by the City.

Budget reserve for participation in construction progress meetings is $7,704.

Matt Bullis
August 25, 2025

Site Visits
The objective of the site visits is for a representative(s) of CDM Smith to observe the constructed facilities for compliance with the intent of the design.

CDM Smith will plan for up to two (2) engineers to visit the site at the end of construction (but while the Contractor is still under contract with the City) to tour facilities with the City and/or Construction Manager. The engineer(s) will con�irm with the City that the installation and operation of the facilities are in compliance with the intent of the design and meet the parameters of operation speci�ied. The site visit(s) will be planned and budgeted for but will be made only upon the speci�ic request by the City.

Budget reserve for site visits for two engineers (including travel costs) is $5,548.

Record Drawings
The objective of the Record Drawings preparation is to provide the City with a more accurate record of the constructed facilities than what is provided in the bid documents.

CDM Smith will receive electronic marked up copies of Contractor and/or Construction Manager “red lines” of construction documents that clearly indicate changes to the original design. These red line mark-ups of the construction documents will include notes and dimensions, where necessary, to clearly indicate the changes or deviations from the original design that have been made. CDM Smith will prepare the Record Drawings based on the red lines received and submit a draft to the City for review, followed by a �inal version.

Budget reserve for record drawings is $12,348.

Task 2 Assumptions
• CDM Smith will conduct the RFI Responses/Submittal Reviews, and attend construction progress meetings on a time and materials basis, as directed by the City.
• The City will have a Construction Manager that will maintain a document tracking system and organize and transmit documents with unique identi�iers (RFI number, submittal number, etc.) to and from the Contractor and CDM Smith. • No special software or licensing will be required of CDM Smith to receive or respond to documents.
• All CDM Smith correspondence will be with the City and not directly with the Contractor or vendors.
• CDM Smith will receive and send documents electronically via email or through the City’s electronic document transfer system.

Matt Bullis
August 25, 2025

• CDM Smith will provide RFI responses within an average of �ive (5) working days from receipt of the RFI from the City. If an RFI will not be able to be responded to within �ive (5) days, CDM Smith will notify the City before the �ive-day period ends. • Any verbal RFIs received from the Construction Manager, City, and/or the Contractor will be requested to be documented and transferred in writing via a formal RFI. • As the basis for this amendment, the number of submittal reviews will be as directed by the City during the course of construction. CDM Smith will review and return submittals, as described above and in these assumptions, on a time and materials basis. There is no �ixed number of submittals (or resubmittals) CDM Smith will review, rather, the City will determine which submittals CDM Smith will review in order to keep the total ESDC amendment budget within the upper limit. • The Contractor attests that the submittals are complete and meet the requirements of the speci�ications and the Construction Manager reviews the submittals for completeness prior to transmitting them to CDM Smith.
• CDM Smith will not need to print copies of submittals for return to the construction Contractor.
• CDM Smith will not need to coordinate, review, or consolidate review comments provided by third parties.
• If third parties (other than CDM Smith) provide submittal review comments to any submittal, those comments will be clearly identi�ied by the commentor prior to being delivered to the Contractor.
• CDM Smith will return submittal review comments to the Construction Manager within an average of fourteen (14) calendar days of receipt of the submittals, provided the submittal packages are of manageable size and not submitted in bulk at once. If several submittals are submitted together, they will be prioritized for review.
• CDM Smith will not be responsible for preparation or review of agendas or meeting notes for the construction progress meetings.
• CDM Smith will not perform inspection or start-up services during construction. • CDM Smith site visit at the completion of construction will be limited to maximum one-day visit of up to eight (8) hours.
• CDM Smith will not operate any equipment, start any motors, actuate any valves, or open any electrical or control panels at the site visit. • A representative from the City and the Contractor will be present during CDM Smith’s site visit.
• CDM Smith’s services during construction are limited to the activities described above.

Task 2 Deliverables
Matt Bullis
August 25, 2025

• RFI responses in electronic format delivered to the City and/or Construction Manager.
• Submittal review comments in electronic format delivered to the City and/or Construction Manager.
• Record Drawings in electronic format delivered to the City and/or Construction Manager.

Task 3 – Project Management
CDM Smith will prepare invoices monthly, including a progress report for work completed during the billing period. CDM Smith will continue to report progress through regular calls and/or emails with the City during construction.

A kick-off meeting with CDM Smith and the City will be scheduled to review the processes and procedures for document exchange and expectations during construction. This will be included as part of Task 3. This meeting will be held virtually via MS Teams or Zoom and is expected to last for up to one hour and up to three (3) CDM Smith staff will be in attendance.

The Project Management Task will consist of the following activities:
• Set up/enroll amendment into CDM Smith system.
• Participate in ESDC kick-off meeting with the City.
• Project manager communications with City and project team (one hour per week for 52 weeks).
• Review budget and schedule and prepare invoices (one per month for 12 months).

Budget reserve for Task 3 – Project Management activities is $30,170.

Task 3 Deliverables
• Invoices with percent complete status.

Fee and Billing Rates
CDM Smith will provide the services to the City for Tasks 1, 2, and 3 in this amendment at a not-to-exceed total of $75,000. Billing Rates are attached as Exhibit B. These billing rates will be used for the work of this addendum and in the case where additional work is Matt Bullis
August 25, 2025

requested and approved by the City that is not included in this Scope of Work. No additional work beyond this Scope will be performed unless �irst authorized by the City.

Regards,
Conan Monson
Project Manager
CDM Smith Inc.
2300 Clayton Road, Suite 950
Concord, California 94520
tel: 925-933-2900
July 18, 2025

EXHIBIT B
Rate Table
Role
Through
04/30/2023
Through
04/30/2024
Through
04/30/2025
Through
04/30/2026
Through
04/30/2027
Hourly Rate Hourly Rate Hourly Rate Hourly Rate Hourly Rate ($/hr) ($/hr) ($/hr) ($/hr) ($/hr)
Principle in Charge 285 294 303 312 321
Project Manager 285 294 303 312 321
Engineer 9 & 10 275 283 291 300 309
Engineer 8 255 263 271 279 287
Engineer 7 225 232 239 246 253
Engineer 6 205 211 217 224 231
Engineer 5 195 201 207 213 219
Engineer 4 175 180 185 191 197
Engineer 3 150 155 160 165 170
Engineer 2 135 139 143 147 151
Engineer 1 110 113 116 119 123
Operations Specialist 240 247 254 262 270
Constructability/MOPO
Lead 180 185 191 197 203
Cost Estimator 165 170 175 180 185
Scheduler 190 196 202 208 214
Spec Writer 2 180 185 191 197 203
Spec Writer 1 160 165 170 175 180
Sr. CAD Designer 150 155 160 165 170
CAD Designer 120 124 128 132 136
Project Controls 125 129 133 137 141
Contract Administrator 160 165 170 175 180
Technical Editor 130 134 138 142 146
Administration 100 103 106 109 112

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Award of Agreement for Medical Services
RECOMMENDATION:

Adopt a resolution approving a Medical Services Agreement with COH Services, Inc. (dba Camarena Occupational Health)
SUMMARY:

The City of Madera (City) utilizes medical service providers for pre-employment physicals and drug screens, safety sensitive driver drug and alcohol testing, commercial driver physical exams, industrial injury exams and treatment, and fitness-for-duty exams. While the City’s expenses related to direct activities do not rise to the dollar value necessitating a formal Request for Proposals (RFP) process, staff historically publishes an RFP for two (2) reasons: to define the City’s service level expectations and because the treatment of injuries under the worker’s compensation system can exceed the dollar value that would necessitate an RFP, though the dollars are not paid directly by the City.

The City last published an RFP for medical services in 2022, with two agreements awarded at that time. The RFP as published indicated that the City intended to identify multiple providers who could meet its needs. Since publication of that RFP, Camarena Health has worked towards opening an occupational health clinic, recently achieving that goal in August 2025. City staff have worked with Camarena staff towards a proposal based on the scope of work as published in the 2022 RFP and COH Service, Inc., dba Camarena Occupational Health (Camarena), has submitted a proposal to perform services in line with the City’s requested scope of work. At this time, staff is recommending the City enter into an agreement with Camarena for medical services. The term of the proposed agreement is set to expire in December 2027, similar to the term expiration for other existing providers.

Council Meeting of: November 5, 2025
Agenda Number: B-19

RETURN TO AGENDA
DISCUSSION:

The City routinely requires medical services including, but not limited to:
▪ Pre-employment physicals and drug screening
▪ Pre-employment physicals for Peace Officers and Public Safety Dispatcher compliant with the California Commission on Peace Officer Standards and Training (POST) ▪ Industrial injury care
▪ Department of Transportation (DOT) safety sensitive diver drug and alcohol testing ▪ Department of Motor Vehicles (DMV) commercial driver physicals ▪ General medical needs for existing employees such as annual audiograms in support of the City’s hearing conservation program and fitness for duty evaluations The City published RFP 202223-01 seeking proposals from medical service providers to meet the City’s ongoing needs in 2022. The City received three (3) proposals in response to the RFP and awarded two (2) agreements in late 2022. An agreement with Occu-Med, Ltd. was approved by the City Council November 16, 2022. That agreement provides for all services except industrial injury care and is used most for POST pre-employment physicals needed by the Madera Police Department. Services are provided in the Fresno/Clovis area. An agreement with Occupational Health Centers of California, dba Concentra, was approved by the City Council December 7, 2022.

That agreement provides the full scope of services as requested, however the Madera clinic is not equipped to perform POST physicals for peace officers and scheduling can be challenging due to limited appointment times.

The proposed agreement contemplated with this report with Camarena will provide all requested medical services, including industrial injury care (worker’s compensation) and POST preemployment physicals for peace officers. The agreement is competitively priced compared to current service providers and Camarena is available to provide services under the agreement immediately. It has been quite some time since the City had a local, in-town provider with the facilities, equipment, and specialists needed to provide POST pre-employment physicals.

Camarena has worked diligently with staff to understand the POST requirements and necessary medical services to meet the City’s needs for all medical service categories. Camarena has also taken necessary steps to ensure they are part of the Medical Provider Network (MPN) for treating the City’s industrial injuries. The proposed agreement term is set to expire in December 2027, on the same cycle as existing medical services agreements.

FINANCIAL IMPACT:

The City’s adopted budget includes funds for medical services. The proposed agreement with Camarena is competitively priced and there are no anticipated adjustments needed to the adopted budget.

ALTERNATIVES:

Council could direct staff to solicit additional proposals or decline additional service providers at this time.

ATTACHMENTS:

1. Resolution
Exhibit A. Medical Services Agreement with COH Services, Inc.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING AN AGREEMENT FOR MEDICAL SERVICES WITH COH
SERVICES, INC.

WHEREAS, the City of Madera (City) has a need for ongoing medical services based on a defined scope of work; and
WHEREAS, at this time, the City has two existing medical services agreements that provide portions of the requested scope of work, but no single provider who can meet the full scope of work; and
WHEREAS, the City is currently experiencing service delays due to broken equipment and lack of appointment availability; and
WHEREAS, COH Services, Inc., has opened a local occupational health clinic and submitted a proposal to provide the full scope of medical services as requested in the 2022 Request for Proposals related to medical services for the City of Madera; and WHEREAS, COH Services, Inc., is qualified to provide needed medical services; and WHEREAS, an agreement has been prepared between the City of Madera and COH Services, Inc., for medical services that is in the best interests of both parties.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. The Agreement for Medical Services between the City and COH Services, Inc., a copy of which is attached hereto as Exhibit A and incorporated herein, is approved.

3. This resolution is effective immediately upon adoption. ********************
Exhibit A: Medical Services Agreement with COH Services, Inc.

CITY OF MADERA

MEDICAL SERVICES AGREEMENT
This Medical Services Agreement (“Agreement”) is made and entered into by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “City” and COH Services, Inc., hereinafter called “Service Provider.”

RECITALS
A. The City desires to make available to its employees and prospective employees comprehensive medical services in an efficient and economical manner.

B. Service Provider is a Service Provider having the necessary experience and qualifications to provide physician services to those employees eligible for medical services required by the City and the California Workers' Compensation program.

C. City desires to retain Service Provider to provide said services, as detailed further herein.

AGREEMENT

1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference.

2. Services. The City hereby contracts with Service Provider to provide medical services for employees and prospective employees herein set forth at the compensation and upon the terms and conditions herein expressed, and Service Provider hereby agrees to perform such services for said compensation, and upon said terms and conditions. City will authorize Service Provider to commence work upon written notice to Service Provider.

3. Obligations, duties, and responsibilities of Service Provider (Scope of Services). It shall be the duty, obligation, and responsibility of the Service Provider, in a skilled and professional manner, to perform the services in accordance with the Scope of Work identified in EXHIBIT A which is attached and incorporated by reference.

4. Compensation.

4.1. For all services other than those provided for a workers’ compensation claim, City shall compensate Service Provider for services based on the agreed upon Fee Schedule set forth in EXHIBIT B. Exhibit B is attached and incorporated by reference.

4.2. It is understood that Service Provider will receive payment for services rendered related to workers’ compensation claims in accordance with The Official Medical Fee Schedule promulgated by the California Department of Industrial Relations, Division of Workers’ Compensation.

4.3. The billing statements shall be prepared and organized in a manner that facilitates an efficient review of the services performed. Items should be billed as described on the Fee Schedule in Exhibit B and must be organized in such a way that the City can identify to whom the services were provided.

4.4. Any billing disputes brought forth by the City must be submitted within fourteen (14) days of the receipt of the billing statement. Such disputes will be submitted by electronic mail (email) to the billing contact provided by Service Provider. Billing contact for Service Provider is Fabiola Del Cid-Herrera and can be contacted at [email protected].

4.5. It is expressly understood that Service Provider shall coordinate the submission of billings to the City on behalf of all other medical services or service providers, for all health services rendered as listed in the Scope of Work identified in Exhibit A, except for services rendered related to workers’ compensation claims that have been referred to other providers.

4.6. Payment shall be made directly by the City, or for workers’ compensation claims, its Third Party Administrator, Acclamation Insurance Management Services (A.I.M.S.), to the Service Provider within thirty (30) days of receipt of billing.

Non-Workers’ Compensation Claims - for all claims excluding Workers’ Compensation claims. All claims will include patient name, date of service and type of services provided. Billings to be made directly to the following address:

City of Madera Human Resources Department
205 W. 4th Street
Madera, CA 93637
[email protected]
Workers Compensation Claims - all claims for Workers Compensation related services will be billed directly to the following address:

A. I. M.S.

PO Box 269120
Sacramento, CA 95826

5. Term and Termination.

5.1. This Agreement shall be effective beginning on November 5, 2025, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through December 31, 2027, unless otherwise terminated by the City.

5.2. City reserves the right to discharge Service Provider and terminate this Agreement at any time with thirty (30) days’ notice. In the event of such discharge or termination, the City shall compensate Service Provider for services rendered up to and including the date of termination. City shall terminate services and/or the Agreement by

delivering to Service Provider a written notice specifying the extent to which services and/or the Agreement are terminated and the effective date of the termination. Notice of termination shall be provided as follows:

Camarena Occupational Health
505 E Almond Ave., Suite 101
Madera, CA 93637

6. Independent contractor. Service Provider shall perform the Services under this Agreement as an independent contractor and not as an officer, employee, agent or volunteer of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Service Provider’s employees, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Service Provider’s employees, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.

7. Indemnification and Waivers. To the furthest extent allowed by law, Service Provider shall indemnify, hold harmless, and defend City and each of its officers, officials, employees, agents, and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs, and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time, and property damage), and from any and all claims, demands, and actions in law or equity (including reasonable attorney’s fees and litigation expense) that arise out of, pertain to, or related to the negligence, recklessness, or willful misconduct of Service Provider, its principals, officers, employees, agents, or volunteers in the performance of this Agreement. The obligations under this paragraph are in addition to, and are not limited by any insurance which Service Provider is otherwise required to maintain under this Agreement.

8. Insurance. During the term of this Agreement, Service Provider shall maintain, keep in force and pay all premiums required to maintain and keep in force commercial general liability, workers’ compensation, medical malpractice and employer’s liability insurance. The limits and coverages provided by such policiesshall be as required in EXHIBIT C of this Agreement.

Exhibit C is attached and incorporated by reference.

9. Compliance with Law. Service Providershall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Service Provider shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.

10. Confidentiality. All data, medical reports, medical information, conclusions, opinions, recommendations and other work product prepared and performed by and on behalf of Service Provider in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City unless otherwise provided by law or expressly authorized by City. Service Provider shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement.

11. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Service Provider without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Service Provider shall not assign the payment of any monies due Service Provider from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Service Provider directly to Service Provider.

12. Miscellaneous.

12.1. Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent.

12.2. Governing Law. The parties agree that this Agreement shall be governed and constructed by and in accordance with the Laws of the State of California.

12.3. Required License and Professional Credentials. Service Provider and personnel providing services shall maintain all licenses and professional credentials necessary for the provision of such services. Service Provider shall promptly notify City of changes of status or events that might impact the provision of professional services to City.

12.4. Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority.

12.5. Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.

12.6. Incorporation of Documents. All documents constituting the Agreement documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement.

12.7. Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties. There are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

12.8. Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.

12.9. Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.

12.10. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.

12.11. Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.

12.12. Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Madera or in the United States District Court for the Eastern District of California.

12.13. Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney’s fees, incurred or expended in connection with such action against the non-prevailing party.

12.14. Counterpart Signatures. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

13. Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the Service Provider and the City. [Signatures on Next Page]
COH SERVICES, INC. CITY OF MADERA

______________________________ _______________________________ Joel Ramirez, MD Cecelia K. Gallegos
Chief Medical Officer Mayor
Date: ____________________, 2025 Date: ___________________, 2025 APPROVED AS TO FORM:
_______________________________
Shannon L. Chaffin, City Attorney
Date: ____________________, 2025
ATTEST:
______________________________
Alicia Gonzales, City Clerk
Date: ____________________, 2025

EXHIBIT A

SCOPE OF WORK
A. Pre-Employment Physicals (post job offer)

1. Provide a general basic physical by a licensed physician or physician’s assistant for job candidates based on the proposed job description. Job descriptions will be provided by the City of Madera. For all candidates, this will include collection of an oral fluid specimen for drug testing with Medical Review Officer (MRO) services in compliance with the City’s Drug Free Workplace Policy. For some candidates, this may also include audiogram, depending on the proposed job description.

2. Provide pre-employment physicals by a licensed physician for law enforcement personnel compliant with California Commission on Peace Officer Standards Training (POST) regulations. This applies to the positions of Police Officer and Public Safety Dispatcher. For more information on POST standards and regulations relating to preemployment medical exams, please visit https://www.post.ca.gov/medical-screeningmanual.aspx. The Peace Officer pre-employment physical form and Public Safety Dispatcher pre-employment physical form are provided by POST and available on their website https://www.post.ca.gov.

3. Provide reports on pre-employment physicals and ancillary testing to the City via facsimile, secure electronic mail, or through a secure portal within three (3) business days of the appointment. If information is delayed, the Service Provider must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

4. Provide sufficient staffing availability to schedule appointments within one (1) week of a request for appointment. The City understands that services may vary by applicant and subsequent examinations may occur after the initial exam in order to meet the medical screening guidelines as published by POST. These subsequent appointments/services should be scheduled as soon as practicable.

B. Safety Sensitive Driver Drug and Alcohol Testing

1. Provide drug and alcohol testing services for employees of the City of Madera subject to drug and alcohol testing because of safety sensitive duties. a) Alcohol testing procedures must be compliant with 49CFR Part 40 and must be conducted by a certified Breath Alcohol Technician using an evidential breath testing device approved by the National Motor Carrier Safety Administration. b) Drug testing procedures must be compliant with 49 CFR Part 40. Drug testing must be conducted using a split sample urine specimen.

2. Provide results of alcohol testing immediately after completion of testing to the City of Madera via facsimile, secure electronic mail, or through a secure portal.

3. Provide results of drug testing within three (3) business days of the test to the City of Madera via facsimile, secure electronic mail, or through a secure portal. If information is delayed, the Service Provider must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

4. Services to provide Safety Sensitive driver drug and alcohol testing as described must be available Monday through Friday, 8:00 am – 5:00 pm. Individuals reporting for testing must be seen within 30 minutes of initial patient check-in.

C. Commercial Driver Physical Examinations

1. Provide DOT compliant physical exams and drug testing (urine specimen).

2. Provide results of exam and drug testing within three (3) business days of the exam via facsimile, secure electronic mail, or through a secure portal. If information is delayed, the Service Provider must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

3. Provide sufficient staffing availability to schedule appointments within three (3) City business days of a request for appointment. If physicals are offered on a walk-in basis, candidates/employees should be seen by the physician within 45 minutes of initial patient check-in.

D. Industrial Injury Exam, Treatment and Reporting

1. Provide initial injury exam for industrial injuries.

2. Act as primary treating until discharge from care unless employee transfers care to another occupational clinic.

3. Provide referral to specialists as needed.

4. Provide supplemental examinations.

5. Provide permanent and stationary examinations and provide all information necessary on the Form PR-4 to successfully resolve claims. This requires the ability to interpret the AMA Guides, determine permanent work restrictions, and determine apportionment in addition to other required information.

6. For all exams, provide work restrictions when appropriate pursuant to the employee’s assigned job description and in accordance with the City of Madera Modified Duty/Return to Work Policy.

7. Provide Physician’s First Report of Injury, supplemental reports, and final reports to the City of Madera and its third party administrator within one (1) business day of the appointment via facsimile, secure electronic mail, or through a secure portal with a preference for receipt on the same business day as the appointment. Provide Form PR4 within ten (10) business days of the date permanent and stationary status has been determined. If information is delayed, the Service Provider must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

8. Sufficient staffing must be available to treat new injuries Monday-Friday, 8 am – 5 pm.

The office itself need not be open, but staff must be available to respond in a timely manner should an injury occur. Patients should be seen by the treater within 45 minutes of initial patient check-in.

9. A Physician’s Assistant or Certified Nurse Practitioner may treat industrial injuries, but must be overseen by a Physician and may only treat as provided in the California Labor Code governing the Workers’ Compensation Program.

E. Fitness for Duty Examinations

1. Provide physical examinations to determine fitness for duty pursuant to the employee’s applicable job description as needed.

2. Provide results of the exam to the City of Madera within three (3) business days of the appointment. If information is delayed, the Service Provider must proactively contact City staff via telephone or electronic mail to communicate the delay and anticipated completion date.

3. Provide sufficient staffing availability to schedule appointments within three (3) City business days of a request for appointment.

EXHIBIT B

FEE SCHEDULE
Service Rate
General Physical Examination $95
Audiogram with Headset $68
Hardy-Hand-Ritler (HRR) Color blind
test $52
PPD (TB) Skin Test $58
Resting EKG (12-Lead) with
Interpretation $91
Pulmonary Function Test with
Interpretation $78
Chest Xray (PA) $97
Treadmill Stress Test $300
DOT Exam & Certificate $109
Dipstick Urinalysis $80
Venipuncture $25
Drug Screen Collection $25
(LABCORP)Chemistry 23 Screen $120
(LABCORP) Hepatitis B Surf Ab Quant
(Titer) $20
(LABCORP) CBC $18
(LABCORP) Cholinesterase, RBC $50
(LABCORP) Urinalysis $28
5-Panel Split Specimen Urine Drug
Screen $65
Service Rate
5- Panel Urine Drug Screen $65
Breath Alcohol Testing $57
DOT Breath Alcohol Testing $60
Non Regulated UDS Preplacement $75
Non Regulated UDS 10 Panel
Preplacement $75
Regulated UDS Collect random $55
X-ray Lumbar Spine-1 view $105
Oral Fluid Drug Testing Panel $90
Vaccinations
Immunization Management $45
Hepatitis A Vaccination $113
Hepatitis B Vaccination $138
Influenza Vaccination $42
MMR Vaccination $125
TDAP Vaccination $70
Varicella Vaccination $210
HIV 1/2 Ag/Ab Fourth gen w reflexes
91431 $110
Review Fees
OSHA Respirator Questionnaire
Admin/Review $35
▪ After the first twelve (12) months of this Agreement, if the current market price for the above services Rates due to market conditions, demand(s) and/or shortage(s), the City of Madera will be billed the then current market rate. Service Provider must provide 30-days advance notice to City of such changes before implementation. ▪ At the beginning of each twelve (12) month period of this Agreement, commencing on the date which is twelve (12) months following the Effective Date of Services, the Rates shall be automatically increased by three percent (3%).

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Sub-consultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance:

Service Provider shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products, and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. Coverage should be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.
• Workers’ Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Service Providershall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. ▪ $1,000,000 Medical Malpractice per claim and in the aggregate. Service Provider shall maintain medical malpractice insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Service Provider agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Service Provider’s bid.

Maintenance of Coverage
Service Provider shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Service Provider, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Service Provider shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non estoppel)
Service Provider acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Service Provider of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Service Provider maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Service Provider.

Notice of Cancellation
Service Provider agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Service Provider shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Service Provider’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Service Provider shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 5, 2025
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Appointment to the Airport Advisory Commission
RECOMMENDATION:

Adopt a resolution approving the appointment of Patrick Civiello to the Airport Advisory Commission
SUMMARY:

The Rules of Procedure of the City of Madera Airport Advisory Commission (AAC) state that the Commission shall consist of 7 members who shall be appointed in accordance with Section 2-

3.101 of the Madera Municipal Code. Each member of the City Council makes a nomination to be considered for appointment by the Mayor and the Mayor has one direct appointment.

Appointments are subject to approval of the City Council by resolution. City Councilmember Rohi Zacharia has appointed Patrick Civiello to the Airport Advisory Commission. The requested action is to approve the appointment of Mr. Civiello.

DISCUSSION:

The AAC is a Council-appointed body established to serve in an advisory capacity to the City Council and staff on matters involving the Madera Municipal Airport (Airport). The AAC is tasked with reviewing the annual budget, recommending capital projects, reviewing and recommending Airport policies and operation procedures, and reviewing and recommending action regarding land use surrounding the Airport. The Airport Advisory Commission is composed of representatives appointed by each Councilmember and the Mayor, with each appointee serving a four-year term concurrent with the term of their appointing official and representing that official’s corresponding district.

The AAC Commissioner assigned to District 1 was previously filled by then-Councilmember Cecelia Gallegos’ appointee, Jerry Holiday. Following her election as Mayor in November 2024, she transitioned to the Mayor’s appointing authority, carrying her appointee forward as the Mayor’s representative. This transition created a vacancy for the District 1 Commissioner’s seat.

B-20

RETURN TO AGENDA
Councilmember Rohi Zacharia, who was appointed in January 2025 for District 1, now recommends the appointment of Patrick Civiello to fill this Commissioner vacancy. Mayor Gallegos has reviewed and concurs with this recommendation. In this case, Councilmember Zacharia’s appointed term concludes in December 31, 2026; therefore, his appointee’s term would conclude at the same time. Should the Councilmember be elected to fill his seat again, he may continue on with his appointment for a four-year term.

Mr. Civiello has been a resident of the City of Madera for more than 30 years and is a veteran of the United States Marine Corps. He holds educational backgrounds from California State University, Fresno, and Fresno Flight Training. As a licensed pilot who regularly operates out of the Madera Municipal Airport, he possesses firsthand knowledge and experience in airport operations required to be an effective member of the Commission.

Commission members are noted below in Table 1, with the individual considered for approval of appointment indicated in bold text.

Table 1: Airport Advisory Commission Appointments
Commissioner Nominating Councilmember City Council District Jerry Holiday Mayor Gallegos At-large Mayor
Patrick Civiello Councilmember Zacharia District 1
Issa Zacharia Mayor Pro Tem Rodriguez District 2
Vacant Councilmember Montes District 3
Vacant Councilwoman Evans District 4
Vacant Councilwoman Mejia District 5
Ramon Lopez-Maciel Councilmember Villegas District 6
At this time, the Staff is seeking approval from the City Council of the appointment of Patrick Civiello. Per the Municipal Code, this appointment will be for a term matching the appointing Councilmember, or until a replacement is appointed. The Municipal Code also provides that the resolution of appointment must receive at least four (4) affirmative votes to pass.

FINANCIAL IMPACT:

There is no anticipated financial impact as Commissioners are not compensated for their service.

ALTERNATIVES:

Council may direct staff to seek additional applications to serve on the Commission.

ATTACHMENTS:

1. Resolution

2. Volunteer application for Patrick Civiello
Attachment 1: Resolution
Resolution No. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPOINTING PATRICK CIVIELLO TO THE CITY OF MADERA

AIRPORT ADVISORY COMMISSION
WHEREAS, the City of Madera has established an Airport Advisory Commission (Commission) to serve in a volunteer capacity to fulfill the duties of the Commission as identified in the City of Madera Personnel Rules and Regulations and City of Madera Municipal Code; and WHEREAS, the Commission is comprised of seven citizens nominated by members of the City Council and appointed by the Mayor, subject to confirmation by the Council as a whole; and WHEREAS, Councilmember Rohi Zacharia has appointed Patrick Civiello to the Commission for a term concluding December 31, 2026, or as otherwise provided in the Madera Municipal Code; and
WHEREAS, Patrick Civiello desires to serve on the Commission.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, and orders as follows:

1. The above recitals are true and correct.

2. Patrick Civiello’s appointment to the Airport Advisory Commission for a term ending December 31, 2026, unless otherwise indicated by the Madera Municipal Code, is approved.

3. This resolution is effective immediately upon adoption. ********************
Attachment 2: Volunteer Application for Patrick Civiello

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 5, 2025
_________________________________ Agenda Number: ___________ Larry Pendarvis, Assistant Fire Chief
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Madera Sunrise Rotary Club Donation of $1,000 during FY 2025/26 RECOMMENDATION:

1. Adopt a Resolution accepting a donation of $1,000 from the Madera Sunrise Rotary Club (MSRC)

2. Adopt a Resolution Amending the City’s Fiscal Year 2025/26 Budget to recognize the related revenue and corresponding expenditure appropriation consistent with the donor’s intent
SUMMARY:

The City recently received a generous $1,000 donation from the Madera Sunrise Rotary Club in recognition of the Fire Department’s continued dedication to public service. The donation follows the Club’s annual recognition of individuals who exemplify Rotary International’s motto of “Service Above Self.”
Staff recommends that the City Council formally accept the donation and amend the Fiscal Year 2025/26 Budget to reflect the additional revenue and expenditure authority in the Fire Department’s operating budget. The donation will be allocated toward equipment and facility improvements.

DISCUSSION:

The Madera Sunrise Rotary Club (MSRC) is a long-standing community service organization dedicated to improving the quality of life in Madera through volunteerism, philanthropy, and recognition of exemplary public service. The Club honors individuals who embody the Rotary B-21

RETURN TO AGENDA
motto of “Service Above Self,” which celebrates integrity, leadership, and selfless commitment to the community.

During a recent MSRC meeting, the Club presented the Madera Fire Department with its 2025 “Service Above Self” recognition, honoring Fire Captain Nick Esqueda for his consistent leadership, professionalism, and commitment to the safety and well-being of Madera residents.

In conjunction with the award, the MSRC presented the Department with a $1,000 donation to support the Fire Department’s ongoing operational and community service needs.

Following internal discussion, Fire Department staff identified several practical and meaningful uses for the donated funds, consistent with the Rotary Club’s intent to enhance service delivery and support daily operations at various fire stations. Specifically, the funds will be allocated as follows:

1. Station 56: Purchase of a leaf blower for Engine 56, used to clear debris from the roadway following fire or vehicle incidents, improving safety and appearance.

2. Station 57: Prevention supplies

3. Station 58: Replacement of kitchen chairs
This donation represents an ongoing spirit of partnership between the Madera Sunrise Rotary Club and the City, particularly with respect to public safety and community engagement. Staff expresses appreciation to the MSRC for its continued support and recognition of the City’s first responders.

FINANCIAL IMPACT:

This amendment aims to formally recognize the corresponding revenue of $1,000. The funds will be deposited into the Fire Department budget #10202500-4301 account, aligning with the purpose specified by the MSRC.

Furthermore, it is proposed to appropriate the donation per their request as outlined above.

ALTERNATIVES:

The City Council may elect not to accept the donation. Should this occur, staff would initiate the process to return the $1,000 to the Madera Sunrise Rotary Club. Staff would also notify the MSRC in writing to express appreciation for their offer and to communicate the Council’s decision respectfully.

ATTACHMENTS:

1. Resolution – Accepting Donation Amount of $1,000 by the Madera Sunrise Rotary Club

2. Resolution – Budget Adjustment
a. Exhibit A – Budget Adjustment
RESOLUTION NO. 25-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, ACCEPTING $1,000 IN DONATION FUNDS FROM THE

MADERA SUNRISE ROTARY CLUB
WHEREAS, the Madera Sunrise Rotary Club has donated $1,000 to the City; and WHEREAS, the Madera Rotary Club has requested the donation go towards items at the City’s three fire stations.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

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

2. The donation provided by Madera Sunrise Rotary Club of $1,000 is accepted.

3. This Resolution is effective immediately upon adoption. ****
RESOLUTION NO. 25 - __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AMENDING THE FISCAL YEAR 2025/26 BUDGET, APPROVING

RELATED REVENUE AND EXPENDITURE LINE ITEMS RELATING TO THE $1,000 DONATION MADE BY THE MADERA SUNRISE ROTARY CLUB
WHEREAS, the City Council previously adopted a City-wide Budget for 2025/26 Fiscal Year; and
WHEREAS, the City of Madera has received a donation of $1,000; and WHEREAS, the donation is from the Madera Sunrise Rotary Club; and WHEREAS, the donation will be used towards items at Fire Stations 56, 57, and 58 as requested by the Madera Sunrise Rotary Club.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

3. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City's accounting system.

4. This Resolution is effective immediately upon adoption. ****

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
General Fund
10202500 4301 Donations $ 1,000
10202500 6532 Maintenance/Other Supplies $ 1,000
$ 1,000 $ 1,000

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 25-______
Budget Amendment for Fiscal Year 2025/26
1 REPORT TO CITY COUNCIL
Council Meeting of: November 5, 2025
Agenda Number: ___________
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Domestic Well Mitigation Program (DWMP) Update and Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program RECOMMENDATION:

1. Receive update and provide direction regarding information provided as part of this report to City Council and,

2. Approve a Resolution Approving Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program (MOU) SUMMARY:

During the City Council (Council) meeting of October 15, 2025, Council received a status update relative to the DWMP process associated with both the Madera Irrigation District(MID)/Madera Water District (MWD)/City partnership and the GSA Coordination Workgroup (Workgroup). As part of this meeting, Council directed staff to return at the next regular meeting to formally consider approving the MOU.

DISCUSSION:

The MOU provided as Exhibit A, includes changes that were accepted by both MID and MWD following completion of the October 15 DWMP staff report. Those changes were included in the presentation to Council as highlighted additions to the draft MOU at the October 15 meeting.

Changes include:

Approved by:

Groundwater Sustainability Agency
D-1

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 Setting first year cost to agencies that include City of Madera cost share of $80,000  General description of how subsequent year cost will be determined o Cost of Well Mitigation – initially estimated to be $35,000 o Anticipated number of dry wells in next year
o Management cost
o Other mitigation costs
Following the October 15, 2025 Council meeting, the Workgroup GSAs agreed upon a simple letter signed by the Madera Subbasin Point of Contact. Council reviewed the final version of the letter titled as Madera Subbasin (5-022.06 Madera) – Domestic Well Mitigation Program Implementation at this meeting based on redline changes illustrated as part of staff’s presentation and gave verbal approval of the letter in its present form to be submitted to the Department of Water Resources (DWR). A follow-up meeting of the Workgroup has not yet been scheduled to officially approve submittal of the letter to the DWR.

FINANCIAL IMPACT:

It is not anticipated there would be any immediate impacts to the General Fund so long as cost of mitigation is built into the Water Fund as part of the next rate study.

ALTERNATIVES:

None - This report does not include topics of discussion that might be subject to alternatives.

ATTACHMENTS:

1. Resolution
Exhibit A - Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program

2. Madera Subbasin (5-022.06 Madera) – Domestic Well Mitigation Program Implementation
Attachment 1
Resolution
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY OF MADERA AND THE CITY OF MADERA,

GROUNDWATER SUSTAINABILITY AGENCY BOARD APPROVING THE

MEMORANDUM OF UNDERSTANDING WITH RESPECT TO THE COST

SHARING IN THE IMPLEMENTATION OF THE DOMESTIC WELL

MITIGATION PROGRAM
WHEREAS, the California Legislature passed a statewide framework for sustainable groundwater management, known as the Sustainable Groundwater Management Act (“SGMA”), in California Water Code §10720 et seq., pursuant to Senate Bill 1168, Senate Bill 1319, and Assembly Bill 1739, which was approved by the Governor and Chaptered by the Secretary of State on September 16, 2014; and
WHEREAS, SGMA requires that each groundwater basin be managed by a Groundwater Sustainability Agency (“GSA”), or multiple GSAs, and that such management be pursuant to an approved Groundwater Sustainability Plan (“GSP”), or multiple GSPs; and WHEREAS, each Party overlies the Madera Groundwater Subbasin (“Madera Subbasin”), as its boundaries are recognized by California’s Department of Water Resources (“DWR”), and may be modified from time to time in accordance with Water Code section 10722.2; and,
WHEREAS, each Party is either a GSA, is authorized to become a GSA, or may participate in a GSA under SGMA; and,
WHEREAS, the Parties, in partnership with Madera County Groundwater Sustainability Agency, have jointly prepared the Madera Subbasin Joint GSP; and WHEREAS, the Parties desire, through this MOU, to allocate the costs related to the implementation of a Domestic Well Mitigation Program (“DWMP”); and WHEREAS, funding is available in the Water Utility Fund, 20303800-6440.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA ACTING AS THE CITY OF MADERA GSA hereby finds, orders and resolves as follows:

1. The above recitals are true and correct.

2. The Agreement entitled “Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program” is approved and attached as Exhibit “A.” A copy of the Agreement shall be kept on file in the office of the City Clerk.

3. The Mayor is authorized to execute the Agreement.

4. This resolution is effective immediately upon adoption. * * * * * * * *

EXHIBIT A
Memorandum of Understanding with Respect to the Cost Sharing in the Implementation of the Domestic Well Mitigation Program

MEMORANDUM OF UNDERSTANDING

WITH RESPECT TO THE COST SHARING IN THE IMPLEMENTATION OF THE

DOMESTIC WELL MITIGATION PROGRAM
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into the ___ day of ______________, 2025 (the “Effective Date”), by and among the CITY OF MADERA (“City”), MADERA IRRIGATION DISTRICT (“MID”), and MADERA WATER DISTRICT (“MWD”) collectively hereinafter referred to as the “Parties.”

RECITALS
A. WHEREAS, on September 16, 2014, the Governor of the State of California signed SGMA into law, consisting of Senate Bills 1168 and 1319, and Assembly Bill 1739 collectively, codified at Water Code Sections 10720 et seq.; and B. WHEREAS, SGMA requires that California groundwater basins and subbasins be managed by a Groundwater Sustainability Agency (“GSA”) or multiple GSAs, and that such management be implemented pursuant to an approved Groundwater Sustainability Plan (“GSP”) or multiple coordinated GSPs; and
C. WHEREAS, each Party overlies the Madera Groundwater Subbasin (“Madera Subbasin”), as its boundaries are recognized by California’s Department of Water Resources (“DWR”), and may be modified from time to time in accordance with Water Code section 10722.2; and,
D. WHEREAS, each Party is either a GSA, is authorized to become a GSA, or may participate in a GSA under SGMA; and,
E. WHEREAS, the Parties, in partnership with Madera County Groundwater Sustainability Agency, have jointly prepared the Madera Subbasin Joint GSP; and F. WHEREAS, the Parties desire, through this MOU, to allocate the costs related to the implementation of a Domestic Well Mitigation Program (“DWMP”) NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein and these Recitals, which are hereby incorporated herein by this reference, it is agreed by and among the Parties as follows:

1. Objectives. The objectives of the Parties in entering into this MOU are as follows:
(a) The Parties intend to work together in mutual cooperation to jointly implement a DWMP in compliance with SGMA.
(b) The Parties intend that nothing in this MOU will serve to limit, or otherwise interfere with a respective Party’s rights and authorities over its own internal matters as recognized by SGMA, including, but not limited to, a Party’s rights and powers as a GSA, its surface water supplies, groundwater supplies, facilities, operations, water management, water supply matters, or anything else limiting a Party’s police powers under any other authority. (c) Each Party recognizes that nothing in this MOU confers authorities or powers to any Party that the Party does not otherwise already hold.

2. Cost Sharing. With respect to the sharing of costs, the Parties to this MOU agree as follows:
(a) The first annual cost share for DWMP shall be:
a. Madera Irrigation District – $1,000,000
b. Madera Water District - $200,000
c. City of Madera - $80,000
(b) After the first year, the annual costs for the DWMP will be mutually agreed to by the Parties on an annual basis. Costs and cost shares will be based on:
a. Cost of Well Mitigation – initially estimated to be $35,000 b. Anticipated number of dry wells in next year; and
c. Management cost; and
d. Other mitigation costs
(b) The Parties shall pay any invoice associated with this MOU within thirty (30) days of the date of the invoice.

3. Term. This MOU shall be effective as of the Effective Date, and shall remain in effect until terminated by all of the Parties.

4. Withdrawal. A Party may, in its sole discretion, withdraw from this MOU upon 90 days written notice to the other Parties, provided that the withdrawing Party will remain responsible for its proportionate share of any obligation or liability duly incurred under this MOU, and which amounts were previously approved by the withdrawing Party.

5. Notices. All notices required or permitted by this MOU shall be in writing, and may be delivered in person (by hand or by courier) or may be sent by regular, certified, or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by facsimile transmission, or by electronic transmission (email) and shall be deemed sufficiently given if served in a manner specified in this Section 5. The addresses and addressees noted below are that Party’s designated address and addressee for delivery or mailing of notices.

To City of Madera: City of Madera
205 W. Fourth Street
Madera, CA 93637
559-661-5400
To Madera Irrigation District: Madera Irrigation District 12152 Rd 28 ¼
Madera, CA 93637
559-673-3514
To Madera Water District: Madera Water District
16943 Rd 26, Suite 103
Madera, CA 93637
559-674-4944
Any Party may, by written notice to the other, specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, three (3) days after the postmark date. If sent by regular mail, the notice shall be deemed given forty-eight (48) hours after it is addressed as required in this section and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given twenty-four (24) hours after delivery to the Postal Service or courier.

Notices transmitted by facsimile transmission or similar means (including email) shall be deemed delivered upon telephone or similar confirmation of delivery (conformation report from fax machine is sufficient), provided a copy is also delivered via personal delivery or mail. If notice is received after 4:00 p.m. or on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.

6. Compliance with Laws. In any action taken pursuant to this MOU, the Parties shall comply with all applicable statutes, laws, and regulations, specifically including, but not limited to, SGMA and its implementing regulations, as they now exist or as they may be amended or promulgated from time to time.

To the extent that this MOU conflicts with or does not accurately reflect any applicable statutes, laws, or regulations now existing or as amended or promulgated from time to time, the laws, statutes, and regulations shall govern. To the extent that any applicable statutes, laws, or regulations are amended or newly promulgated in such a manner that causes this MOU to conflict with, or no longer accurately reflect, such statutes, laws, or regulations, this MOU shall be modified, in writing, by all Parties, in order to comport with the newly amended or promulgated statutes, laws, or regulations.

7. Entire Agreement. This MOU and items incorporated herein contain all of the agreements of the Parties with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose.

8. Amendments. No provisions of this MOU may be amended or modified in any manner whatsoever except by an agreement in writing duly authorized by the governing bodies of all Parties.

9. Assignment. The rights and obligations of the Parties under this MOU may not be assigned or delegated.

10. Binding Effect. This MOU shall apply to and bind successors, assignees, contractors, subcontractors, transferees, agents, employees, and representatives of the respective Parties hereto.

11. Governing Law. This MOU and all documents provided for herein and the rights and obligations of the Parties hereto shall be governed in all respects, including validity, interpretation and effect, by the laws of the State of California (without giving effect to any choice of law principles).

12. Waiver. The failure of any Party to insist on strict compliance with any provision of this MOU shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the MOU by any other Party.

13. Severability. If any term or provision of this MOU is, to any extent, held invalid or unenforceable, the remainder of this MOU shall not be affected.

14. Headings. The subject headings of the sections of this MOU are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein.

15. Counterparts. This MOU may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have executed this MOU as of the day and year first above written.

City of Madera Madera Irrigation District
By: ____________________________ By: ____________________________ Name: _________________________ Name: __________________________ Title: __________________________ Title: ___________________________ Madera Water District
By: ____________________________
Name: _________________________
Title: __________________________
Attachment 2
Madera Subbasin (5-022.06 Madera) – Domestic Well Mitigation Program Implementation
October XX, 2025
Paul Gosselin
Deputy Director
Department of Water Resources
Sustainable Groundwater Management Office
715 P Street, Box 94286
Sacramento, CA 94236-0001 Sent Electronically
RE: Madera Subbasin (5-022.06 Madera) – Domestic Well Mitigation Program Implementation
Dear Paul:

On behalf of the seven Groundwater Sustainability Agencies (GSAs) in the Madera Subbasin (Subbasin), it is my pleasure to update you on our recent activities and progress towards ensuring that domestic wells impacted by declining groundwater levels as a function of Groundwater Sustainability Plan (GSP) implementation within the Subbasin are both timely and appropriately mitigated. To that end, I would offer the following summary.  Since Spring of this year and as made possible through a grant awarded to Madera County from the Department of Water Resources (DWR), the GSAs in the Subbasin have met monthly to discuss the design and implementation of a Domestic Well Mitigation Program (DWMP) or Programs within the Subbasin.  The discussions have been supported by Mr. David M. Ceppos, who has extensive background and knowledge of not only the Sustainable Groundwater Management Act (SGMA), but the very specific issues relevant to groundwater management within the Subbasin.
 The discussions have been extremely helpful for a variety of issues, namely they have provided an open and transparent venue for the GSAs to discuss practical implementation items such as: potential cost allocation structures, per occurrence financial mitigation award, conditions to be mitigated and not to be mitigated, potential DWMP governance, and reporting, just to name a few.  As of our October 9, 2025 meeting, each of the seven GSAs remain firmly committed to mitigating for impacts to domestic wells within their respective GSAs resulting from declining groundwater levels.
 As of October 9, 2025, each of the GSAs and/or groups of GSAs will immediately move forward with implementation of a DWMP within their individual or collective geographic boundaries. There will be no single DWMP for the Subbasin.

The GSAs wish to extend their sincere appreciation for DWRs assistance to support the GSAs to arrive at a mutually supported outcome. We look forward to reporting our progress in future annual reports. Should you have any questions, please feel free to contact me at (209) 404-8896.

Sincerely,
John B. Davids, P.E.

Madera Subbasin Point of Contact
Copy: Administration Files
cc: Madera Subbasin GSAs
Natalie Stork, State Water Resources Control Board
Amanda Peisch-Derby, DWR
Monica Salais, DWR

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 5, 2025
_________________________________ Agenda Number: ___________ Keith Helmuth, City Engineer
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

One-Year Extension to Agreements for Professional On-Call Engineering Services RECOMMENDATION:

Adopt a Resolution approving a one-year extension of the On-Call Consultant Services Agreements (Agreement) currently in effect with Akel Engineering Group, Blair Church & Flynn Consulting Engineers, AM Consulting Engineers, Peters Engineering Group, Provost & Pritchard Engineering Group, Yamabe & Horn Engineering, and TJKM Consultants, with a not to exceed amount of $400,000 per Agreement
SUMMARY:

At the October 19, 2022, meeting, the City Council (Council) adopted Resolution 22-178 which approved agreements with selected consultants for on-call professional engineering services for three years. The agreements include a provision for two (2) one-year extensions. As part of the on-call engineering program, agreements were signed with 10 engineering consultants, enabling engineering staff to retain their services without the need for Council approval. Consultants were selected from responses to the Request for Qualifications (RFQ) issued May of 2022. Staff recommends extending agreements with 9 of the 10 consulting engineers, seven of which are included in this Council item.

BACKGROUND:

To save time, reduce costs, and conserve staff resources, the City established agreements with multiple firms through its standard Request for Qualifications (RFQ) solicitation, agreement approval, and purchasing process. The on-call agreement function as “master agreements” that allow the City to efficiently obtain professional services as needed. For specific projects, a Task Order, defined in the on-call agreement, is prepared to outline the scope of work, schedule, and cost for the specific project.

D-2

RETURN TO AGENDA
Each Task Order serves a sub-agreement to the master agreement enabling City staff to assign work to qualified firms for projects within the limits of the master agreement.

Once a project is identified, the consultant is provided with project details and requested to submit a cost proposal and completion schedule for the specific work. Staff then reviews the proposal to ensure the schedule is reasonable and that the proposed fees comply with the terms and limits of the master agreement. The total value all task orders issued to each firm may not exceed the $300,000 per year, with a maximum cumulative contract amount of $900,000.

Since the program’s inception in 2022, a total of $2,297,324 has been authorized through the program. A summary of Task Orders awards per consultant, and year is provided in Table 1.

Consultant awards were capped at $900,000 each for the first three years.

Table 1: On-Call Engineering Expenses, by Year
Consultant Year 1 Year 2 Year 3 Total
AECOM $300,000 $37,745 $337,745
Akel Engineering $102,894 $11,194 $110,003 $224,091
AMCE $231,043 $231,043
Blair Church & Flynn $237,250 $237,250
O'Dell Engineering $203,500 $29,399 $232,899
Peter's Engineering $78,725 $78,725
Provost & Pritchard $300,000 $588,030 $888,030
QK Inc. - - - $0
TJKM Consultants $56,290 $56,290
Yamabe & Horn $11,251 $11,251
Total $1,520,953 $666,368 $110,003 $ 2,297,324
Under the on-call agreement, consultants have lent their engineering services to several Capital Improvement Program (CIP) projects. Some of the most notable projects being:

AECOM
§ Project SS-06, Sewer Lift Station Project – Performed flow projections, determined the required structural, mechanical and electrical improvements needed, and provided preliminary engineering support. The Task Order was amended to include preparation of construction documents and assistance during construction. Project is currently under construction.

Akel Engineering
§ Project W-GW-001, Well 37 – Provided required hydrogeologic services to assist in the design of the rehabilitation of Well 37
§ Project SD-21, Howard & Pine Storm Drain – Provided required hydrogeologic services to determine future flood levels, both to aid in the design of the future storm drain, as well as assist in a grant application to the Governor’s Office of Emergency Services. § Water Supply Capacity Requirements Update – Provided hydrogeologic services to provided updates to the City’s water requirement models.

AMCE
§ Wastewater Treatment Plant (WWTP) Technical Memorandum – Surveyed all plant equipment, determined the equipment needed for rehabilitation, and provided bid documents for resulting project(s).
§ Projects W-03 & W-04, Water Main Replacements – Performed surveys and topographic studies of project area, prepare project plans and provide assistance during the project bidding process. Project is at 90% design.

Blair, Church, & Flynn
§ Project SS-08/09, Sewer Manhole Replacements/Sewer Repair/Rehabilitation – Provide engineering services to create schematics and designs for the project, as well as bidding and construction support services. Project is at 90% design O’Dell Engineering
§ Parks projects – Provided engineering services to create project plans and specs for several parks projects: McNally Park Basketball Courts, Lions Town & Country Trail Restoration, & Frank Bergon Center fencing.

Peter’s Engineering
§ Project TS-35, Lake & Sherwood Traffic Signal – Provided engineering services for the creation of project schematics and plans, created construction documents, provided engineering support during the bidding and construction phases. Project is complete.

Provost & Pritchard
§ Projects W-39, 40, 41 & 43, Water Main Replacements – Provided surveying and geotechnical engineering, completed environmental documentation, and completed plans and specifications for construction. Project W-43 Water Main Replacement was separated out for construction in advance of planned roadwork by Caltrans on Yosemite Avenue. The Task Order was further amended to include construction management and inspection services during construction due to the critical timelines on the project. Project W-43 is currently under construction. Projects W-39, 40 & 41 are at 50% design. § Projects B-04, 06, Bridge Projects – Complete required environmental and state permitting process on behalf of the City.
§ Project SS-14, Avenue 13 Sewer Main – Complete the environmental process on behalf of the City.

Since the inception of the program, the number of concurrent CIP projects in both the design and construction phases has increased. The on-call program has effectively augmented City staff resources, enabling the timely delivery of projects and maintaining progress in various areas, such as sewer and water infrastructure.

Given the continued high volume of projects anticipated in the coming year, staff recommends exercising the option to extend the on-call agreement by one year for the consultants specified herein.

As with the prior three years of the on-call program, consultants are retained under the existing agreement. The City incurs no financial obligation to any consultant until a Task Order is executed and approved.

To account for increased labor and business costs experienced over the past three years, staff recommends increasing the allowable amount per consultant from $300,000 to $400,000 annually. Updated billing rates for each consultant are included as attachments to their extension agreement.

Staff contacted 9 of the 10 firms to offer a one-year extension. Seven of the firms have returned a signed agreement extension amendment which is part of this Council item, the remaining will be brought to at a future date as a separate item.

FINANCIAL IMPACT:

There is no impact on the General Fund. The approval of professional service agreements in and of themselves do not have a fiscal impact on the City’s budget. Most work performed is for projects in the 5-year CIP, the costs of which are paid for by various grants or rate payer funded accounts and appropriated in the annual Fiscal Year Budget.

ALTERNATIVES
As an alternative, Council may direct staff to not enter into an agreement with the consultants listed and solicit competitive proposals from other engineering firms for each individual project.

Delays will result and the cost of engineering may increase due to delays of the work.

ATTACHMENTS:

1. Resolution Approving an extension to Consulting Services Agreements for On-Call Engineering and Surveying Services
1a. Agreement with Akel Engineering Group for an amount not to exceed $400,000. 1b. Agreement with Blair, Church & Flynn Consulting Engineers for an amount not to exceed $400,000.
1c. Agreement with AM Consulting Engineers for an amount not to exceed $400,000. 1d. Agreement with Peters Engineering Group for an amount not to exceed $400,000. 1e. Agreement with Provost & Pritchard Engineering Group for an amount not to exceed $400,000.
1f. Agreement with Yamabe & Horn Engineering for an amount not to exceed $400,000.
1g. Agreement with TJKM Consultants for an amount not to exceed $400,000.

Attachment 1
Resolution Approving an Amendment to
Consulting Services Agreements
RESOLUTION NO. 25-______

A RESOLUTION APPROVING AN AMENDMENT TO CONSULTANT SERVICE

AGREEMENTS WITH AKEL ENGINEERING GROUP, BLAIR, CHURCH &

FLYNN CONSULTING ENGINEERS, AM CONSULTING ENGINEERS, PETERS

ENGINEERING GROUP, PROVOST & PRITCHARD ENGINEERING GROUP,

YAMABE & HORN ENGINEERING, AND TJKM CONSULTANTS IN THE
AMOUNT OF $400,000 FOR EACH AGREEMENT AND EXTENDING THE

TERM FOR ONE YEAR FOR PROFESSIONAL ON-CALL ENGINEERING

SERVICES
WHEREAS, the City has a continuing need for Professional Engineering Services to be performed on an On-Call basis; and
WHEREAS, engineering services by professional consulting firms are required for various projects; and
WHEREAS, on May 17, 2022, the Engineering Department advertised a Request for Qualification (RFQ) for Professional On-Call Engineering Services on the City’s website and solicited firms to provide a proposal for the project; and WHEREAS, the City entered into a three-year agreement with each consultant on October 19, 2022; and
WHEREAS, the City desires to extend the agreement with select consultants for an additional year as provided for in the original agreement; and WHEREAS, the City desires to increase the maximum amount allowed per consultant to $400,000 reflecting cost increases in providing the necessary services.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines and orders as follows:

1. The above recitals are true and correct.

2. The approval of an Amendment to the existing Consultant Service Agreement, attached hereto as Attachment 1A, with Akel Engineering Group in the amount of $400,000.00 for On-Call Engineering Services.

3. The approval of an Amendment to the existing Consultant Service Agreement, attached hereto as Attachment 1B, with Blair, Church & Flynn Consulting Engineers in the amount of $400,000.00 for On-Call Engineering Services.

4. The approval of an Amendment to the existing Consultant Service Agreement, attached hereto as Attachment 1C, with AM Consulting Engineers in the amount of $400,000.00 for On-Call Engineering Services.

5. approval of an Amendment to the existing Consultant Service Agreement, attached hereto as Attachment 1D, with Peters Engineering Group in the amount of $400,000.00 for On-Call Engineering Services.

6. The approval of an Amendment to the existing Consultant Service Agreement, attached hereto as Attachment 1E, with Provost & Pritchard Engineering Group in the amount of $400,000.00 for On-Call Engineering Services.

7. The approval of an Amendment to the existing Consultant Service Agreement, attached hereto as Attachment 1F, with Yamabe & Horn Engineering in the amount of $400,000.00 for On-Call Engineering Services.

8. The approval of an Amendment to the existing Consultant Service Agreement, attached hereto as Attachment 1G, with TJKM Consultants in the amount of $400,000.00 for On-Call Engineering Services.

9. The City Engineer is authorized to execute the Task Orders associated with the approved agreements.

10. This resolution is effective immediately upon adoption. * * * * * * * *
ATTACHMENT 1A
On-Call Agreement Amendment
with Akel Engineering Group

FIRST AMENDMENT TO ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF MADERA AND AKEL ENGINEERING GROUP, INC
This First Amendment ("Amendment") to the On-Call Consultant Services Agreement between the City of Madera ("City") and AKEL ENGINEERING GROUP, INC ("Consultant") dated October 19, 2022 (the "Agreement"), is entered into this ___ day of ___, 2025.

RECITALS
A. The City and the Consultant entered into the Agreement for On-Call Consultant Services, which commenced on October 19, 2022.

B. The term of the Agreement, as set forth in Section 2, is for three (3) years, terminating on October 19, 2025, unless terminated earlier as set forth in the Agreement.

C. The parties desire to extend the term of the Agreement for an additional one (1) year term as provided for in Section 2 of the Agreement.

D. The City and the Consultant have agreed to amend the Agreement to extend the term and adjust the total compensation.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

1. AMENDMENT OF SECTION 2, TERM OF AGREEMENT; COMMENCEMENT OF

SERVICES
Section 2 of the Agreement is hereby amended to extend the term for one (1) additional year. The new term shall commence on October 19, 2025, and shall terminate on October 19, 2026, unless terminated earlier as set forth in the Agreement.

2. AMENDMENT OF SECTION 4, COMPENSATION FOR SERVICES
Section 4(a) of the Agreement is hereby amended to include an additional one-year period for compensation. The total compensation under the Agreement shall not exceed $400,000 for the period commencing October 19, 2025, and ending October 19, 2026.

Section 4(c) of the Agreement is hereby amended to include an updated Professional Services Fee Schedule (Attachment A) in effect for the duration of this extension, superseding the originally agreed upon fee schedule from the Original Agreement.

3. RATIFICATION OF AGREEMENT
Except as expressly modified by this Amendment, all other terms and conditions of the original Agreement shall remain in full force and effect. The parties agree that this Amendment and the original Agreement shall be read as a single, integrated document.

4. AUTHORITY
The signatories to this Amendment warrant and represent that they have the legal right, power, and authority to execute this Amendment and bind their respective entities.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

AKEL ENGINEERING GROUP, INC CITY OF MADERA

By: ______________________________ By: ______________________________ Tony Akel, President Cecelia K. Gallegos, Mayor
Taxpayer ID #: 22-3936108
Date: ________________________ Date: ________________________

APPROVED AS TO FORM:

_____________________________
Shannon Chaffin, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk

EXHIBIT A

PROFESSIONAL SERVICES FEE SCHEDULE

RATE SCHEDULE
Effective Through:

June 30, 2026

PERSONNEL
Support Staff Hourly Rate
Administrative $116
Technical Staff Hourly Rate
GIS Technician $146
Senior GIS Technician $176
Professional Services Hourly Rate
Engineering Assistant $135
Assistant Engineer $170
Associate Engineer $199
Senior Engineer $221
Principal Engineer $269
Senior Principal Engineer $298

EXPENSES
Category
Subconsultant / Other Direct Costs Cost plus 5%
Notes:

1. Software usage costs are included in hourly rates shown.

2. AKEL Billing Rates are subject to an annual increase at the end of the fiscal year, to reflect labor rates and related cost adjustments.

ATTACHMENT 1B
On-Call Agreement Amendment with
Blair, Church & Flynn Consulting Engineers

FIRST AMENDMENT TO ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF MADERA AND BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, INC This First Amendment ("Amendment") to the On-Call Consultant Services Agreement between the City of Madera ("City") and BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, INC ("Consultant") dated October 19, 2022 (the "Agreement"), is entered into this ___ day of ___, 2025.

RECITALS
A. The City and the Consultant entered into the Agreement for On-Call Consultant Services, which commenced on October 19, 2022.

B. The term of the Agreement, as set forth in Section 2, is for three (3) years, terminating on October 19, 2025, unless terminated earlier as set forth in the Agreement.

C. The parties desire to extend the term of the Agreement for an additional one (1) year term as provided for in Section 2 of the Agreement.

D. The City and the Consultant have agreed to amend the Agreement to extend the term and adjust the total compensation.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

1. AMENDMENT OF SECTION 2, TERM OF AGREEMENT; COMMENCEMENT OF

SERVICES
Section 2 of the Agreement is hereby amended to extend the term for one (1) additional year. The new term shall commence on October 19, 2025, and shall terminate on October 19, 2026, unless terminated earlier as set forth in the Agreement.

2. AMENDMENT OF SECTION 4, COMPENSATION FOR SERVICES
Section 4(a) of the Agreement is hereby amended to include an additional one-year period for compensation. The total compensation under the Agreement shall not exceed $400,000 for the period commencing October 19, 2025, and ending October 19, 2026.

Section 4(c) of the Agreement is hereby amended to include an updated Professional Services Fee Schedule (Attachment A) in effect for the duration of this extension, superseding the originally agreed upon fee schedule from the Original Agreement.

3. RATIFICATION OF AGREEMENT
Except as expressly modified by this Amendment, all other terms and conditions of the original Agreement shall remain in full force and effect. The parties agree that this Amendment and the original Agreement shall be read as a single, integrated document.

4. AUTHORITY
The signatories to this Amendment warrant and represent that they have the legal right, power, and authority to execute this Amendment and bind their respective entities.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

BLAIR, CHURCH & FLYNN CITY OF MADERA

CONSULTING ENGINEERS, INC

By: ______________________________ By: ______________________________ David Mowry, President Cecelia K. Gallegos, Mayor
Taxpayer ID #: 94-1424814
Date: ________________________ Date: ________________________

APPROVED AS TO FORM:

_____________________________
Shannon Chaffin, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk

EXHIBIT A

PROFESSIONAL SERVICES FEE SCHEDULE
451 Clovis Ave., Suite 200  Clovis CA 93612  Tel (559) 326-1400 B:\fees-schedules\active\General Consulting 2025 Prevailing Wage.doc January 1, 2025

GENERAL CONSULTING FEE SCHEDULE

PREVAILING WAGE PROJECTS

CLASSIFICATION RATE
Principal ....................................................................................................$195.00/Hour Program Manager .....................................................................................$185.00/Hour Professional Engineer 3............................................................................$180.00/Hour Professional Engineer 2............................................................................$170.00/Hour Professional Engineer 1............................................................................$160.00/Hour Assistant Engineer 3 .................................................................................$140.00/Hour Assistant Engineer 2 .................................................................................$130.00/Hour Assistant Engineer 1 .................................................................................$115.00/Hour Professional Land Surveyor 3...................................................................$180.00/Hour Professional Land Surveyor 2...................................................................$170.00/Hour Professional Land Surveyor 1...................................................................$160.00/Hour Assistant Surveyor ....................................................................................$135.00/Hour Land Services Technician.........................................................................$110.00/Hour Professional Landscape Architect.............................................................$145.00/Hour Landscape Designer .................................................................................$115.00/Hour Design Technician.....................................................................................$125.00/Hour CAD Technician 3 .....................................................................................$110.00/Hour CAD Technician 2 .....................................................................................$100.00/Hour CAD Technician 1 .......................................................................................$95.00/Hour Environmental Consultant.........................................................................$140.00/Hour Construction Manager...............................................................................$160.00/Hour Construction Inspector ..............................................................................$120.00/Hour Coordinator ...............................................................................................$100.00/Hour Analyst.........................................................................................................$90.00/Hour Administrative Assistant..............................................................................$70.00/Hour Aide .............................................................................................................$60.00/Hour 1-Person Survey Party Prevailing Wage...................................................$201.00/Hour 2-Person Survey Party Prevailing Wage...................................................$392.00/Hour Survey Travel…………………………………………………………………… $90.00/Hour
Equipment Rental and Associated Expense................................................ Cost x 1.10 Materials, Printing, Subconsultant Procurement.......................................... Cost x 1.10 Mileage........................................................................................... @ Current IRS Rate ** May be subject to change based upon revisions to the State of California Prevailing Wage Determinations ATTACHMENT 1C
On-Call Agreement Amendment
with AM Consulting Engineers

FIRST AMENDMENT TO ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF MADERA AND AM CONSULTING ENGINEERS
This First Amendment ("Amendment") to the On-Call Consultant Services Agreement between the City of Madera ("City") and AM CONSULTING ENGINEERS ("Consultant") dated October 19, 2022 (the "Agreement"), is entered into this ___ day of ___, 2025.

RECITALS
A. The City and the Consultant entered into the Agreement for On-Call Consultant Services, which commenced on October 19, 2022.

B. The term of the Agreement, as set forth in Section 2, is for three (3) years, terminating on October 19, 2025, unless terminated earlier as set forth in the Agreement.

C. The parties desire to extend the term of the Agreement for an additional one (1) year term as provided for in Section 2 of the Agreement.

D. The City and the Consultant have agreed to amend the Agreement to extend the term and adjust the total compensation.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

1. AMENDMENT OF SECTION 2, TERM OF AGREEMENT; COMMENCEMENT OF

SERVICES
Section 2 of the Agreement is hereby amended to extend the term for one (1) additional year. The new term shall commence on October 19, 2025, and shall terminate on October 19, 2026, unless terminated earlier as set forth in the Agreement.

2. AMENDMENT OF SECTION 4, COMPENSATION FOR SERVICES
Section 4(a) of the Agreement is hereby amended to include an additional one-year period for compensation. The total compensation under the Agreement shall not exceed $400,000 for the period commencing October 19, 2025, and ending October 19, 2026.

Section 4(c) of the Agreement is hereby amended to include an updated Professional Services Fee Schedule (Attachment A) in effect for the duration of this extension, superseding the originally agreed upon fee schedule from the Original Agreement.

3. RATIFICATION OF AGREEMENT
Except as expressly modified by this Amendment, all other terms and conditions of the original Agreement shall remain in full force and effect. The parties agree that this Amendment and the original Agreement shall be read as a single, integrated document.

4. AUTHORITY
The signatories to this Amendment warrant and represent that they have the legal right, power, and authority to execute this Amendment and bind their respective entities.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

AM CONSULTING ENGINEERS CITY OF MADERA

By: ______________________________ By: ______________________________ Alfonso Manrique, President Cecelia K. Gallegos, Mayor
Taxpayer ID #: 45-3785797
Date: ________________________ Date: ________________________

APPROVED AS TO FORM:

_____________________________
Shannon Chaffin, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk

EXHIBIT A

PROFESSIONAL SERVICES FEE SCHEDULE
Fees for Professional Services
Hourly Rate Schedule
(Effective January 1, 2025)

CLASSIFICATION RATE
Engineering
Assistant Engineer ...................................................................................................... $110.00 per hour Associate Engineer ..................................................................................................... $120.00 per hour Senior Engineer .......................................................................................................... $140.00 per hour Principal Engineer ....................................................................................................... $170.00 per hour Project Manager.......................................................................................................... $170.00 per hour Designing/Drafting
Design CADD Operator............................................................................................... $110.00 per hour Support Staff
Technical Typist/Word Processor ............................................................................... $80.00 per hour Miscellaneous
Fax .............................................................................................................................. $0.10 per page 8"x11" Copies/Impressions ......................................................................................... $0.20 per page Reproducible Copies (Mylar)....................................................................................... $1.00 per sq. ft.

Reproducible Copies (Bond)....................................................................................... $1.00 per sq. ft.

Mileage........................................................................................................................ $0.67 per mile Airfare, Meals and Lodging ......................................................................................... At cost Notes:

1. Standard Hourly Rates include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit.

2. It is understood and agreed that these rates and charges include normal equipment and materials used in connection with the production of the required engineering and/or architectural services. If authorized by the client, an overtime premium multiplier of 1.5 will be applied to the direct wage cost of hourly personnel who work overtime in order to meet a deadline which cannot be met during normal hours. Applicable sales taxes, if any, will be added to these rates.

3. Fee schedule is subject to general revision. New equipment categories and charges may be added or revised from time to time.

ATTACHMENT 1D
On-Call Agreement Amendment
with Peters Engineering Group

FIRST AMENDMENT TO ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF MADERA AND PETERS ENGINEERING GROUP, INC
This First Amendment ("Amendment") to the On-Call Consultant Services Agreement between the City of Madera ("City") and PETERS ENGINEERING GROUP, INC ("Consultant") dated October 19, 2022 (the "Agreement"), is entered into this ___ day of ___, 2025.

RECITALS
A. The City and the Consultant entered into the Agreement for On-Call Consultant Services, which commenced on October 19, 2022.

B. The term of the Agreement, as set forth in Section 2, is for three (3) years, terminating on October 19, 2025, unless terminated earlier as set forth in the Agreement.

C. The parties desire to extend the term of the Agreement for an additional one (1) year term as provided for in Section 2 of the Agreement.

D. The City and the Consultant have agreed to amend the Agreement to extend the term and adjust the total compensation.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

1. AMENDMENT OF SECTION 2, TERM OF AGREEMENT; COMMENCEMENT OF

SERVICES
Section 2 of the Agreement is hereby amended to extend the term for one (1) additional year. The new term shall commence on October 19, 2025, and shall terminate on October 19, 2026, unless terminated earlier as set forth in the Agreement.

2. AMENDMENT OF SECTION 4, COMPENSATION FOR SERVICES
Section 4(a) of the Agreement is hereby amended to include an additional one-year period for compensation. The total compensation under the Agreement shall not exceed $400,000 for the period commencing October 19, 2025, and ending October 19, 2026.

Section 4(c) of the Agreement is hereby amended to include an updated Professional Services Fee Schedule (Attachment A) in effect for the duration of this extension, superseding the originally agreed upon fee schedule from the Original Agreement.

3. RATIFICATION OF AGREEMENT
Except as expressly modified by this Amendment, all other terms and conditions of the original Agreement shall remain in full force and effect. The parties agree that this Amendment and the original Agreement shall be read as a single, integrated document.

4. AUTHORITY
The signatories to this Amendment warrant and represent that they have the legal right, power, and authority to execute this Amendment and bind their respective entities.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

PETERS ENGINEERING GROUP, INC CITY OF MADERA

By: ______________________________ By: ______________________________ David Peters, President Cecelia K. Gallegos, Mayor
Taxpayer ID #: 86-1065316
Date: ________________________ Date: ________________________

APPROVED AS TO FORM:

_____________________________
Shannon Chaffin, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk

EXHIBIT A

PROFESSIONAL SERVICES FEE SCHEDULE
EXHIBIT “B”

HOURLY RATE SCHEDULE
(Effective 1/1/25 to 12/31/25)

CLASSIFICATION RATE
Principal Civil Engineer $240/hr
Senior Civil Engineer $220/hr
Civil Engineer $195/hr
Land Surveyor $185/hr
Staff Engineer $170/hr
Draftsperson/Technician/Inspector $150/hr
Clerical $100/hr
Litigation Support $500/hr

REIMBURSABLES SCHEDULE
(Effective 1/1/25 to 12/31/25)

DESCRIPTION RATE
Mileage $0.68/mile
Travel Subsistence Actual Cost + 10%
Postage Actual Cost + 10%
Reproduction Actual Cost + 10%
Subconsultant Actual Cost + 10%
Work requiring an accelerated schedule is subject to a 25% labor surcharge. Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.

ATTACHMENT 1E
On-Call Agreement Amendment with
Provost & Pritchard Engineering Group

FIRST AMENDMENT TO ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF MADERA AND PROVOST AND PRITCHARD ENGINEERING GROUP This First Amendment ("Amendment") to the On-Call Consultant Services Agreement between the City of Madera ("City") and PROVOST AND PRITCHARD ENGINEERING GROUP ("Consultant") dated October 19, 2022 (the "Agreement"), is entered into this ___ day of ___, 2025.

RECITALS
A. The City and the Consultant entered into the Agreement for On-Call Consultant Services, which commenced on October 19, 2022.

B. The term of the Agreement, as set forth in Section 2, is for three (3) years, terminating on October 19, 2025, unless terminated earlier as set forth in the Agreement.

C. The parties desire to extend the term of the Agreement for an additional one (1) year term as provided for in Section 2 of the Agreement.

D. The City and the Consultant have agreed to amend the Agreement to extend the term and adjust the total compensation.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

1. AMENDMENT OF SECTION 2, TERM OF AGREEMENT; COMMENCEMENT OF

SERVICES
Section 2 of the Agreement is hereby amended to extend the term for one (1) additional year. The new term shall commence on October 19, 2025, and shall terminate on October 19, 2026, unless terminated earlier as set forth in the Agreement.

2. AMENDMENT OF SECTION 4, COMPENSATION FOR SERVICES
Section 4(a) of the Agreement is hereby amended to include an additional one-year period for compensation. The total compensation under the Agreement shall not exceed $400,000 for the period commencing October 19, 2025, and ending October 19, 2026.

Section 4(c) of the Agreement is hereby amended to include an updated Professional Services Fee Schedule (Attachment A) in effect for the duration of this extension, superseding the originally agreed upon fee schedule from the Original Agreement.

3. RATIFICATION OF AGREEMENT
Except as expressly modified by this Amendment, all other terms and conditions of the original Agreement shall remain in full force and effect. The parties agree that this Amendment and the original Agreement shall be read as a single, integrated document.

4. AUTHORITY
The signatories to this Amendment warrant and represent that they have the legal right, power, and authority to execute this Amendment and bind their respective entities.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

PROVOST AND PRITCHARD CITY OF MADERA

ENGINEERING GROUP

By: ______________________________ By: ______________________________ Heather Bashian Cecelia K. Gallegos, Mayor
Director of Operations
Taxpayer ID #: 94-2187078
Date: ________________________ Date: ________________________

APPROVED AS TO FORM:

_____________________________
Shannon Chaffin, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk

EXHIBIT A

PROFESSIONAL SERVICES FEE SCHEDULE
2025 STANDARD FEE SCHEDULE
This schedule supersedes previously published fee schedules as of the effective date of January 1, 2025.

Multi-year contracts are subject to any subsequent changes in these rates.

STAFF TYPE FEE RANGE

ENGINEERING
Assistant Engineer $121.00 – $149.00
Associate Engineer $142.00 – $172.00
Senior Engineer $180.00 – $217.00
Principal Engineer $227.00 – $287.00
Associate Structural Engineer $142.00 – $172.00
Senior Structural Engineer $180.00 – $216.00
Principal Structural Engineer $226.00 – $266.00
Assistant Electrical, I&C Engineer $128.00 – $156.00
Associate Electrical, I&C Engineer $163.00 – $192.00
Senior Electrical, I&C Engineer $202.00 – $242.00

SPECIALISTS
Assistant Specialist $101.00 – $121.00
Associate Specialist $126.00 – $156.00
Senior Specialist $163.00 – $201.00
Principal Specialist $211.00 – $271.00
Assistant Biologist $102.00 – $117.00
Associate Biologist $122.00 – $149.00
Senior Biologist $156.00 – $178.00
Principal Biologist $186.00 – $226.00
Assistant Geologist/Hydrogeologist $111.00 – $136.00
Associate Geologist/Hydrogeologist $137.00 – $165.00
Senior Geologist/Hydrogeologist $176.00 – $206.00
Principal Geologist/Hydrogeologist $216.00 – $256.00
Principal Tunneling Consultant $251.00 – $281.00

PLANNING
Assistant Planner $103.00 – $123.00
Associate Planner $130.00 – $151.00
Senior Planner $158.00 – $186.00
Principal Planner $194.00 – $224.00

TECHNICAL
Assistant Technician $90.00 – $107.00
Associate Technician $114.00 – $138.00
Senior Technician $144.00 – $172.00

STAFF TYPE FEE RANGE

CONSTRUCTION SERVICES
Associate Construction Manager $140.00 – $160.00
Senior Construction Manager $167.00 – $191.00
Principal Construction Manager $201.00 – $231.00
Construction Inspector (1) $175.00 – $220.00
Construction Inspector OT (1) $225.00 – $270.00
Construction Inspector Dbl OT (1) $250.00 – $295.00

SUPPORT
Administrative Assistant $80.00 – $100.00
Project Administrator $94.00 – $120.00
Senior Project Administrator $128.00 – $210.00
Intern $70.00 – $85.00

SURVEYING SERVICES
Assistant Surveyor $116.00 – $146.00
Licensed Surveyor $166.00 – $206.00
1-Man Survey Crew $205.00
1-Man Survey Crew (1) $245.00
1-Man Survey Crew OT (1) $270.00
2-Man Survey Crew $315.00
2-Man Survey Crew (1) $345.00
2-Man Survey Crew OT (1) $370.00
(Field work not including survey equipment billed at individual standard rate plus vehicle as appropriate.)
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern counties; other counties as quoted.

Additional Fees
Expert Witness / GIS Training: As quoted.

Travel Time (for greater than one (1) hour from employee’s base office): $95/hour (unless the individual’s rate is less) Project Costs
Mileage: IRS value + 15%
Outside Consultants: Cost + 15%
Direct Costs: Cost + 15%
WWW.PROVOSTANDPRITCHARD.COM (559) 449-2700
Attachment 1
ATTACHMENT 1F
On-Call Agreement Amendment
with Yamabe & Horn Engineering

FIRST AMENDMENT TO ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF MADERA AND YAMABE & HORN ENGINEERING, INC
This First Amendment ("Amendment") to the On-Call Consultant Services Agreement between the City of Madera ("City") and YAMABE & HORN ENGINEERING, INC ("Consultant") dated October 19, 2022 (the "Agreement"), is entered into this ___ day of ___, 2025.

RECITALS
A. The City and the Consultant entered into the Agreement for On-Call Consultant Services, which commenced on October 19, 2022.

B. The term of the Agreement, as set forth in Section 2, is for three (3) years, terminating on October 19, 2025, unless terminated earlier as set forth in the Agreement.

C. The parties desire to extend the term of the Agreement for an additional one (1) year term as provided for in Section 2 of the Agreement.

D. The City and the Consultant have agreed to amend the Agreement to extend the term and adjust the total compensation.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

1. AMENDMENT OF SECTION 2, TERM OF AGREEMENT; COMMENCEMENT OF

SERVICES
Section 2 of the Agreement is hereby amended to extend the term for one (1) additional year. The new term shall commence on October 19, 2025, and shall terminate on October 19, 2026, unless terminated earlier as set forth in the Agreement.

2. AMENDMENT OF SECTION 4, COMPENSATION FOR SERVICES
Section 4(a) of the Agreement is hereby amended to include an additional one-year period for compensation. The total compensation under the Agreement shall not exceed $400,000 for the period commencing October 19, 2025, and ending October 19, 2026.

Section 4(c) of the Agreement is hereby amended to include an updated Professional Services Fee Schedule (Attachment A) in effect for the duration of this extension, superseding the originally agreed upon fee schedule from the Original Agreement.

3. RATIFICATION OF AGREEMENT
Except as expressly modified by this Amendment, all other terms and conditions of the original Agreement shall remain in full force and effect. The parties agree that this Amendment and the original Agreement shall be read as a single, integrated document.

4. AUTHORITY
The signatories to this Amendment warrant and represent that they have the legal right, power, and authority to execute this Amendment and bind their respective entities.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

YAMABE & HORN ENGINEERING, INC CITY OF MADERA

By: ______________________________ By: ______________________________ David Horn, Principal Engineer Cecelia K. Gallegos, Mayor Taxpayer ID #: 94-2615149
Date: ________________________ Date: ________________________

APPROVED AS TO FORM:

_____________________________
Shannon Chaffin, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk

EXHIBIT A

PROFESSIONAL SERVICES FEE SCHEDULE
2026 FEE SCHEDULE – CITY OF MADERA
Engineering Construction Management
Principal Engineer $290 per hr Construction Manager II $205 per hr Expert Witness $340 per hr Construction Manager I $170 per hr Designated City/District Engineer $275 per hr Project Services Administrator $120 per hr Civil Engineer V $235 per hr Public Works Inspector III 3 $180 per hr Civil Engineer IV $205 per hr Public Works Inspector II 3 $175 per hr Civil Engineer III $195 per hr Public Works Inspector I 3 $165 per hr Civil Engineer II $180 per hr
Civil Engineer I $170 per hr
Project Manager III $190 per hr Technical Services
Project Manager II $180 per hr GIS/CAD Manager $170 per hr Project Manager I $170 per hr GIS Analyst $140 per hr
Assistant Engineer III $150 per hr GIS Technician $125 per hr Assistant Engineer II $140 per hr CAD Drafter II $125 per hr Assistant Engineer I $130 per hr CAD Drafter I $110 per hr Clerical $100 per hr
Land Surveying
Land Surveyor II $185 per hr Direct Costs
Land Surveyor I $170 per hr Travel Fed Rate per mi
Assistant Surveyor II $155 per hr Subconsultants and Printing Cost plus 15% Assistant Surveyor I $130 per hr
2-Person Survey Crew $250 per hr
2-Person Survey Crew (PW) 3 $315 per hr
1-Person Survey Crew 3 $225 per hr
1 Fee schedule is effective for dates October 19, 2025 through October 19, 2026. 2 Prevailing wage rates are shown for Madera County. 3 Rate increased by 120% for Prevailing Wage OT services.

ATTACHMENT 1G
On-Call Agreement Amendment
with TJKM Consultants

FIRST AMENDMENT TO ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY OF MADERA AND TJKM CONSULTANTS
This First Amendment ("Amendment") to the On-Call Consultant Services Agreement between the City of Madera ("City") and TJKM CONSULTANTS ("Consultant") dated October 19, 2022 (the "Agreement"), is entered into this ___ day of ___, 2025.

RECITALS
A. The City and the Consultant entered into the Agreement for On-Call Consultant Services, which commenced on October 19, 2022.

B. The term of the Agreement, as set forth in Section 2, is for three (3) years, terminating on October 19, 2025, unless terminated earlier as set forth in the Agreement.

C. The parties desire to extend the term of the Agreement for an additional one (1) year term as provided for in Section 2 of the Agreement.

D. The City and the Consultant have agreed to amend the Agreement to extend the term and adjust the total compensation.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

1. AMENDMENT OF SECTION 2, TERM OF AGREEMENT; COMMENCEMENT OF

SERVICES
Section 2 of the Agreement is hereby amended to extend the term for one (1) additional year. The new term shall commence on October 19, 2025, and shall terminate on October 19, 2026, unless terminated earlier as set forth in the Agreement.

2. AMENDMENT OF SECTION 4, COMPENSATION FOR SERVICES
Section 4(a) of the Agreement is hereby amended to include an additional one-year period for compensation. The total compensation under the Agreement shall not exceed $400,000 for the period commencing October 19, 2025, and ending October 19, 2026.

Section 4(c) of the Agreement is hereby amended to include an updated Professional Services Fee Schedule (Attachment A) in effect for the duration of this extension, superseding the originally agreed upon fee schedule from the Original Agreement.

3. RATIFICATION OF AGREEMENT
Except as expressly modified by this Amendment, all other terms and conditions of the original Agreement shall remain in full force and effect. The parties agree that this Amendment and the original Agreement shall be read as a single, integrated document.

4. AUTHORITY
The signatories to this Amendment warrant and represent that they have the legal right, power, and authority to execute this Amendment and bind their respective entities.

IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

TJKM CONSULTANTS CITY OF MADERA

By: ______________________________ By: ______________________________ Nayan Amin, President Cecelia K. Gallegos, Mayor
Taxpayer ID #: 94-2239515
Date: ________________________ Date: ________________________

APPROVED AS TO FORM:

_____________________________
Shannon Chaffin, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk

EXHIBIT A

PROFESSIONAL SERVICES FEE SCHEDULE
CALIFORNIA | FLORIDA | TEXAS
Corporate Office 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 925.463.0611 www.TJKM.com

RATE SCHEDULE
Principal .............................................................................................................................................. $240/hour Director ............................................................................................................................................... 220/hour Senior Project Manager ................................................................................................................ 190/hour Project Manager .............................................................................................................................. 180/hour Senior Transportation Engineer ................................................................................................. 165/hour Transportation Engineer …………………………………………………………………………….……….. 130/hour Assistant Transportation Engineer ........................................................................................... 120/hour Senior Transportation Planner ................................................................................................... 165/hour Transportation Planner ................................................................................................................. 130/hour Assistant Transportation Planner ………………………………………………………………………... 120/hour GIS Specialist ..................................................................................................................................... 100/hour Graphics Designer ........................................................................................................................... 100/hour Designer .............................................................................................................................................. 95/hour Technical Staff II ............................................................................................................................... 85/hour Administration Staff ....................................................................................................................... 80/hour Production Staff ............................................................................................................................... 55/hour Reimbursable Expenses
Plotting (per sheet) ......................................................................................................................... $18.00 Travel Cost (per mile, subject to change; based on IRS standard mileage rates)… 0.70 All outside services are billed at cost plus a ten percent margin for handling.

Expert Witness charges available upon request.

Rates Effective January 1, 2025
Rates Subject to Change

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: November 5, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Construction Agreement with Taylor Backhoe Service, Inc., dba TBS Contractors, for IFB 202425- 22B James Taubert Park Construction Rebid
RECOMMENDATION:

Adopt Resolutions:

1. Awarding a Construction Services Agreement under Invitation for Bid 202425-22B for the James Taubert Park Construction Rebid for $1,858,228.50 to Taylor Backhoe Service, Inc. dba TBS Contractors, with a construction contingency of 10 percent ($185,822.85)

2. Amending the Fiscal Year (FY) 2025/26 Budget, approving related expenditure line items for the execution of the Construction Services Agreement with Taylor Backhoe Service, Inc. dba TBS Contractors
SUMMARY:

On August 8, 2025, the City released Invitation for Bid (IFB) 202425-22B for the James Taubert Park Construction Rebid. Bids were due on September 8, 2025.

The City received 4 bids from interested contractors vying for the opportunity to provide construction services for the new park at the southwest intersection of Olive Avenue and Knox Street.

Staff is recommending awarding IFB 202425-22B to Taylor Backhoe Service, Inc., dba TBS Contractors (TBS) for $1,858,228.50, as the lowest, responsible, and responsive bidder, with a construction contingency of up to 10 percent of the original construction agreement amount, up to $185,822.85.

D-3

RETURN TO AGENDA
DISCUSSION:

The City Council (Council) first discussed the possibility of constructing a park at the southwest corner of E. Olive Ave. and Knox Street approximately five years ago, when the City acquired the property as part of the Olive Ave. widening project. Although funding for a park had not yet been identified, the Council voted to purchase the site, as the now-demolished home would have been uncomfortably close to the ultimate right-of-way. Following the acquisition, the City began pursuing funding opportunities to develop much-needed green space in the area. While the site only measures 0.53 acres after roadway widening, the area remains underserved by communal spaces.

As a result of the City’s efforts, it was awarded $1,990,000 for a new park from Proposition 68, State of California, the Natural Resources Agency, Department of Parks and Recreation, Statewide Park Development and Community Revitalization Program of 2018 Round 4 funding.

The grant performance for this project is from July 1, 2020, through June 30, 2028. Park completion must be at least three months before the end of the grant performance period.

As a prerequisite for submitting a Proposition 68 grant application, the City conducted a series of community outreach meetings via Zoom or phone for those who may not have internet access.

These meetings were held during the COVID-19 pandemic to gather input from residents on desired park amenities and design features. Meetings were held on the following dates:
 Saturday, October 24, 2020  Tuesday, November 10, 2020  Tuesday, October 27, 2020  Tuesday, November 17, 2020  Tuesday, November 3, 2020
As with all Proposition 68 grant applications, proposed projects were required to meet specific eligibility and scoring criteria established by the State. These criteria emphasized communitybased design, demonstrated need for park space, and the inclusion of new or expanded recreational amenities that promote community health and wellness.

During the community process, residents provided extensive feedback on potential park features. Multiple concepts were discussed, and community members ranked their preferences for amenities and design elements. The final design incorporates the most highly supported features, which include:
 ½ basketball court  Art mural on block wall  Bike racks  Table tennis  Picnic area  Drinking fountain
 Two playgrounds  Benches  Sensory play panels
The resulting park concept reflects the community’s priorities and fulfills the intent of Proposition 68 program to expand access to safe, inclusive, and high-quality recreational spaces in underserved areas.

This project was initially released for bid on February 26, 2025 (IFB 202425-22). Bids were due by March 26, 2025, and 6 bids were received. Table 1 shows an overview of the bids received and the amount of each bid.

Table 1: Park Construction Bids Received and Bid Amount Table 1: Bids Received in Response to IFB 202425-22
Bidder Amount of Bid
Cal Valley Construction, Inc. $1,874,114.38
Caliber Contracting Services, Inc. $1,924,000.00
Taylor Backhoe Service, Inc. $1,987,705.28
Clean Cut Landscape Incorporated $1,992,413.70
Harris Development Corp. dba HBC Enterprises $2,169,878.55 American Paving Co. $2,280,070.60
Staff requested authorization to reject all bids received, as a budgetary review of available grant funding confirmed that the bids exceeded the available grant balance. As previously mentioned, the City was awarded $1,990,000 towards the completion of this project. At the time, the City had spent/encumbered a total of $247,062. This left an available balance of $1,742,938. The balance was insufficient to cover the lowest bid of $1,874,114.38.

With the grant performance period still allowing time to complete the project, staff worked diligently to revise the scope of work while staying within grant objectives to rebid the project.

The intent was to lower the project cost so as not to require additional funding beyond the $1,990,000 grant award.

On August 8, 2025, the City released IFB 202425-22B. The rebid included changes to the initial design, including:
 Revisions to the initial Pour-in-Place (PIP) playground surfacing to engineered wood chips.  Modification to the playground with an entry ramp.
 Revision to the colored surfacing initially requested for the half basketball court.

Bids were due on September 8, 2025. The City received 4 bids from interested contractors. Table 2 shows the vendors ranked by cost, with staff recommending awarding the agreement to TBS as the lowest, most responsive, and most responsible bid per the requirements outlined in the project’s contract documents.

Table 2: Bids Received in Response to IFB 202425-22B
Bidder Total
Taylor Backhoe Service, Inc. $1,858,228.50
Cal Valley Construction, Inc. $1,865,249.00
Stockbridge General Contracting $1,876,221.40
Avison Construction, Inc. $2,031,015.00
As a point of reference, the Engineer’s estimate of the project's cost was $1,688,924, including contingency, bonding, mobilization, and demobilization costs. In addition, it should be noted that, while staff made slight design modifications, the lowest bid was only $15,885.88 less than the original bid.

Subsequent to evaluation of the bids, the City received one advisory from the Foundation for Fair Contracting on September 22, 2025. The advisory requested the rejection of TBS due to alleged violations of prevailing wage laws and alleged failure to comply with workforce development and formal apprenticeship programs. After investigation and due diligence, it was determined there was no evidence to substantiate a finding of non-responsibility, disqualification, or disbarment of TBS. Likewise, no other California jurisdiction was located which had made such findings.

Given this outcome, and given TBS met all of the bid requirements, staff is recommending award of the bid to TBS.

TBS is a family-owned construction company, locally based in Merced, CA. They have experience in demolition, excavating and have worked on a large range of job types, including agricultural pipelines to state highway projects. They have an active Contractor State License and an active Department of Industrial Relations registration, as confirmed by staff.

FINANCIAL IMPACT:

While an attempt at lowering the bid amounts received in response to the IFB did not result in a dramatic decrease, the rebid did result in lower bids in general.

Table 3 shows a breakdown of expenditure and encumbrances related to the $1,990,000 total award for the construction of James Tauber Park.

With the grant balance of $1,740,663.06 and the lowest construction bid of $1,858,228.50, there is a difference of $117,565.44. Taking into account an anticipated 10 percent contingency for unforeseen circumstances that may arise during construction ($185,822.85) an additional $303,388.29 in funding is required to fully fund the project.

Table 3: $1,990,000 Grant Award Expenditure for James Taubert Park Expenditure/Encumbrance Description Total
Bid Advertisement for IFB 202425-22 $1,085.50
Bid Advertisement for IFB 202425-22B $1,189.50
Groundbreaking Event $583.47
PG&E $6,465.47
Design Services with O’Dell Engineering $240,013
Total Expenditure/Encumbered $249,336.94
Total Balance $1,740,663.06
On August 20, 2025, as noted in Resolution 25-152, the Council awarded $10,000 in CDBG funds towards the completion of James Taubert Park. These funds will ultimately not be utilized, as utilizing them would require bidding out the project a third time, since, as originally published, IFB 202425-22b does not meet CDBG bidding requirements.

Staff is proposing using Development Impact Fees (DIF) funds to cover the difference. Currently, the DIF budget has approximately $4.5M. However, part of the fund balance has been previously committed or encumbered towards developer reimbursements and capital improvement projects. Table 4 shows a breakdown of funds from DIF #40880000 compared with encumbered totals for various park projects.

Even considering the already committed monies in the Parks DIF Fund, there is adequate fund balance to provide the needed $303,389 to fully fund the Taubert Park project. Thus, staff is recommending allocating a total of $303,389 in DIF funds to complete the park. Should any of the contingency of $185,822.85 not be needed, it would be returned to the DIF.

This project has already been environmentally assessed. As part of the grant application, a Notice of Exception was filed with the County Clerk’s Office, dated February 24, 2021. Since that time there has not been a substantial change in environmental conditions, the project, or other relevant factors. As such, no additional CEQA analysis is needed and all environmental assessments have been completed for this project.

ALTERNATIVES:

Staff has carefully considered the bids received for the project. An alternative course of action is to reject all bids, which could lead to several consequences that need to be taken into account.

Rebidding the project introduces additional uncertainties that may impact the project's overall cost. There is a possibility of receiving higher bids or encountering a lack of additional bids in a third bidding process. This scenario could delay the selection of a contractor, potentially impacting the timeliness of grant completion.

Table 4: Development Impact Funds (DIF) Balance & Projects Capital Improvement Projects – Parks Total
Sunset Park (estimate; to be designed) $620,000
Tozer Park (City must match State grant) $659,640
Rancho Santa Fe Park (estimate; pending receipt of final invoice) $1,068,435 Pecan Park (estimate; pending receipt of final invoice) $286,081 Total Encumbered $2,634,156
Balance as of Oct. 2025 $4,534,242
ATTACHMENTS:

1. Resolution amending the City’s FY 2025/26 Budget approving related expenditure line items for the execution of the Construction Services Agreement with Taylor Backhoe Service, Inc., dba TBS Contractors.
a. Exhibit A: Budget Amendment

2. Resolution awarding a Construction Services Agreement under Invitation for Bid 202425- 22B for the James Taubert Park Construction Rebid for $1,858,228.50 to Taylor Backhoe Service, Inc. dba TBS Contractors, with a construction contingency of 10 percent ($185,822.85)
a. Exhibit 1 – Contractor Services Agreement

3. Letter Received by the Foundation for Fair Contracting

4. Response Letter by Taylor Backhoe Service, Inc. dba TBS Contractors ATTACHMENT 1
Adopt a Resolution Amending the City’s FY 2025/26 Operating Budget approving related expenditure line items for the execution of the Construction Services Agreement with Taylor Backhoe Service, Inc., dba TBS Contractors.

Exhibit A: Budget Amendment
RESOLUTION NO. 25-_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE FISCAL YEAR 2025/26 OPERATING BUDGET,

APPROVING RELATED EXPENDITURE LINE ITEMS FOR THE EXECUTION OF THE CONSTRUCTION SERVICES AGREEMENT WITH TAYLOR BACKHOE SERVICE, INC.,

DBA TBS CONTRACTORS
WHEREAS, the City Council previously approved the Operating City-wide Budget for 2025/26 Fiscal Year; and
WHEREAS, the City would like to enter into a Construction Service Agreement with Taylor Backhoe Service, Inc., dba TBS Contractors in response to IFB202425-22B for the James Taubert Park Construction Rebid for $1,858,228.50, plus 10% retention up to $185,822.85; and WHEREAS, an amendment to the City’s Adopted Budget for the 2025/26 Fiscal Year, listed in Exhibit A, attached hereto, is necessary for the funding towards the Construction Services Agreement with Taylor Backhoe Service, Inc., dba TBS Contractors; and WHEREAS, a total of $1,740,663 in Prop 68 grant funding will be used towards the Construction Services Agreement; and
WHEREAS, a total of $303,389 in Developmental Impact Fees (DIF) funding will be used towards the Construction Services Agreement; and
WHEREAS, a total of $2,044,052 towards the project completion needs to be budgeted for and appropriated; and
WHEREAS, a budget transfer is needed to document the DIF funding appropriations, 40880000; and
WHEREAS, a budget amendment is needed to document the additional resources in the Parks Grant Funds, #41096356.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA finds, orders, and resolves as follows:

1. The above recitals are true and correct.

2. The appropriations for the items listed in Exhibit A, attached hereto, are approved.

3. A signed copy of this Resolution shall be placed on file in the office of the Director of Financial Services, who shall prepare the entries necessary to reflect budget changes identified in the City's accounting system.

4. This Resolution is effective immediately upon adoption. *****
Exhibit A – Budget Amendment

ORG OBJECT
FUND CODE CODE DESCRIPTION (+) (-)
Budget Transfer

PARKS DIF
40880000 6800 Developer Reimbursment $ 303,389
40880000 8200 Transfer Out
303,389
$ 303,389 $ 303,389
Budget Amendment

PARKS GRANTS
41096356 4355 Transfer-In $ 303,389
41096356 7050 JTPRK Construction/Infrastructure 303,389 $ 303,389 $ 303,389

EXHBIT A

CITY OF MADERA
Budget Appropriations: Res. 25-______
Budget Transfer & Amendment for Fiscal Year 2025/26
1 ATTACHMENT 2
Resolution awarding a Construction Services Agreement under Invitation for Bid 202425-22B for the James Taubert Park Construction Rebid for $1,858,228.50 to Taylor Backhoe Service, Inc. dba TBS Contractors, with a construction contingency of 10 percent ($185,822.85) Exhibit 1 – Construction Services Agreement
RESOLUTION NO. 25 - _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING RESOLUTION AWARDING A CONSTRUCTION SERVICES AGREEMENT UNDER INVITATION FOR BID 202425-22B FOR THE JAMES TAUBERT PARK CONSTRUCTION REBID FOR $1,858,228.50 TO TAYLOR BACKHOE SERVICE, INC. DBA TBS CONTRACTORS
WHEREAS, the City of Madera released an Invitation for Bid (IFB) No. 202425-22B calling for the James Taubert Park Construction Rebid; and
WHEREAS, the IFB No. 202425-22B was released on August 8, 2025; and WHEREAS, the IFB No. 202425-22B was duly noticed and published accordingly; and WHEREAS, there were four bids received as of September 8, 2025, in the following amounts:

Taylor Backhoe Service, Inc., dba TBS Contractors $1,858,228.50 Cal Valley Construction, Inc. $1,865,249.00
Stockbridge General Contracting $1,876,221.40
Avison Construction, Inc. $2,031,015.00
; and
WHEREAS, the four bids were evaluated for completeness, responsiveness, and cost; and WHEREAS, the Procurement Manager has reviewed the four bids, and examined Taylor Backhoe Service, Inc., dba TBS Contractors (TBS) and its bid response, found it to be both the lowest qualified responsive and responsible bidder, and has recommended it for award of this project; and
WHEREAS, the Foundation for Fair Contracting (FFC) submitted a bid advisory on September 22, 2025, requesting the rejection of TBS due to alleged violations of prevailing wage laws and alleged failure to comply with workforce development and formal apprenticeship programs; and
WHEREAS, after investigation and due diligence, there is no sufficient evidence to substantiate a finding of non-responsibility, disqualification, or disbarment of TBS. The range of factors used to make such determination were based on factors including performance history, financial information, bonding and insurance capability, public works experience, personnel, etc.

Likewise, no other California jurisdiction was located which made any determination of nonresponsibility regarding TBS; and WHEREAS, during the regular meeting of November 5, 2025, an opportunity was provided to the FCC as well as the general public to provide comments to the City Council regarding the proposed award of the project; and
WHEREAS, based upon all the evidence in the record, the City Council finds there is no basis to reject the bid, as TBS is both the lowest qualified responsive and responsible bidder; and WHEREAS, the City wishes to enter into a Contractor Services Agreement with Taylor Backhoe Service, Inc., dba TBS Contractors, for the construction of James Taubert Park; and WHEREAS, the City Council desires to authorize an additional construction contingency of up to 10% of the original construction agreement of $185,822.85.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders, and resolves as follows:

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

2. The City Council of the City of Madera does hereby accept the four bids received for this project, finds that Taylor Backhoe Service, Inc., dba TBS Contractors, is the lowest, responsive and responsible bidder, and awards and approves a construction services agreement for the RFP 202425-22B James Taubert Park Rebid project in the amount of $1,858,228.50 as attached hereto as Exhibit 1. The City Council also authorizes an additional $185,822.85 towards construction contingencies, and authorizes the City Manager to amend the construction services agreement as needed, or the City Engineer to issue change orders, to effectuate the same.

3. This Resolution is effective immediately upon adoption. *******
Exhibit 1 – Construction Services Agreement

CONSTRUCTION AGREEMENT
IFB 202425-22B James Taubert Park Construction Rebid
This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and Taylor Backhoe Service, Inc. dba TBS Contractors, doing business as (an individual), or (a partnership), or (a corporation), hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.

WITNESSETH: The Parties agree as follows:

1. Project. The CONTRACTOR shall commence and complete all WORK required for the “IFB 202425-22B James Taubert Park Construction Rebid.”

2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.

3. Commencement of Work; Term of Agreement. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED, as agreed upon by OWNER and CONTRACTOR during the pre-construction meeting and will complete the same within 180 calendar days. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $1,858,228.50, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within fifteen (15) working days after being notified of the award of the contract, and before OWNER executes this AGREEMENT.

This Agreement shall be effective on November 5, 2025, after approval by the City Council at a duly scheduled meeting thereof.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum not to exceed ONE MILLION, EIGHT HUNDRED FIFTY-EIGHT THOUSAND, TWO HUNDRED TWENTY-EIGHT DOLLARS AND FIFTY CENTS ($1,858,228.50) (“Contract Price”) subject to adjustments for changes in work as may be directed in writing by OWNER as payment in full for the WORK described in the CONTRACT DOCUMENTS. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached thereto and incorporated herein as Exhibits A through F:
(A) CONTRACTOR Complete Bid as Submitted on 09/08/2025
(B) Addenda No. 1, dated 08/22/2025
(C) Addenda No. 2, dated 08/22/2025
(D) Addenda No. 3, dated 09/04/2025
(E) Insurance Requirements for Contractors as specified in IFB (F) IFB 202425-22B James Taubert Park Construction Rebid

6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of ONE THOUSAND DOLLARS ($1,000) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

7. Payment to Contractor. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.

8. Disputes. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. Claims Resolution Process For Disputes.

It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the Contractor and the Owner. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the Contractor and the Owner, the following provisions are provided for the resolution of disputes which cannot be resolved by the Owner and the Contractor within three business days after either party gives verbal notice of dispute or potential dispute to the other’s attention and prior to the commencement of such work.

The following provisions are intended by Contractor and Owner to comply with Public Contract Code Sections 9204 and 20104 et. Seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
i. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. ii. Payment by the Owner of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
iii. Payment of an amount that is disputed by the Owner.

B. The Claim Must Be Timely and in Writing:

For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of Contractor’s completion of work that is a potential claim. Notice of an actual claim must be filed on or before the date of final payment.

C. Receipt of Claim by Owner:

Upon receipt of a claim pursuant to this section, the Owner will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed.

Upon receipt of a claim, Owner and Contractor may, by mutual agreement, extend the time period provided in this section.

The Contractor shall furnish reasonable documentation to support the claim. If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the Owner and the Contractor. The District’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

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

E. Payment of Claim:

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to issue a written statement, paragraph F below shall apply.

F. Meet and Confer:

If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

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

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

If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.

G. Filing a Government Code Written Claim Notice:

Following the meet and confer conference, if the claim or any portion remains in dispute, the Contractor may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.

H. Owner’s Failure to Respond to Claim:

Failure by the Owner to respond to a claim from Contractor within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. Interest:

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor’ means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the Owner and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.

9. No Discrimination in Employment. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every contractor for public works violating this section is subject to all the penalties imposed for by violation of this chapter”.

10. Workers Compensation. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.

The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.

11. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and Contractor and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, OWNER has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of OWNER and shall be made available for viewing to any interested party upon request. The Contractor and each subcontractor shall forfeit as a penalty to OWNER not more than Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

12. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, Contractor shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.

This Project is subject to compliance monitoring and enforcement by the Department of Relations. In executing this contract, Contractor acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.

13. Payroll Records. The CONTRACTOR shall comply Section 1776 of the California Labor Code. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. If CONTRACTOR or subcontractor does not comply after such ten (10) day period, the CONTRACTOR shall, as a penalty, forfeit one hundred dollars ($100) for each day or portion thereof for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

In accordance with California Labor Code Section 1771.4 Section 1771.4, CONTRACTOR and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. CONTRACTOR shall comply with all applicable requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.

14. Apprentices. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR. It is the CONTRACTOR’S responsibility to ensure compliance by both it and all SUBCONTRACTORS.

Section 1777.5 provides, in part, as follows:

The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty contractors not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.

Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade is replacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
If assignment of an apprentice to any work performed under a public works contract would create a condition which should jeopardize his life or the life, safety, or property of fellow employees, or the public at large or if the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

When such exemptions are granted to an organization which represents contractors in a specific trade from the 1 to 5 ratio on a local or statewide basis the member contractors will not be required to submit individual applications for approval to local joint apprenticeship committees, provided they are already covered by the local apprenticeship standards.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other contractors on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.

15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 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. 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.

16. Subcontracting. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.

17. Change Orders. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a change order and approved and signed by the OWNER or the Owner’s Designated Project Manager and the CONTRACTOR. It is specifically agreed that the OWNER or the Owner’s Designated Project Manager shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.

This Agreement shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.

18. Indemnification. Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation.

The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

Contractor agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the Contractor fails to do so, Contractor agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.

19. Insurance. Contractor must comply with the insurance requirements as described in Exhibit E, Insurance Requirements for Contractors as specified in IFB.

20. Amendments. Any changes to this Agreement requested by either City or CONTRACTOR may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.

21. Termination.

A. Termination of the Contract for Default.

1. General: If, prior to the acceptance of the Work, the CONTRACTOR:
(a) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; (b) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(c) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
(d) Fails to prosecute the Work according to the schedule approved by the City;
(e) Disregards laws or regulations of any public body having jurisdiction; or
(f) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the Contractor in default of the Contract.

2. Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
(a) 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
(b) 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.

3. 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.

4. 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 City Council that the Contractor be found in default of the Contract and upon such finding by the City Council 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;
The provisions of this subsection shall be in addition to all other legal rights and remedies available to the Owner.

5. 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.

6. 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.

B. 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.

1. Notice: The Owner will issue a written notice of termination for convenience as follows:

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 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.

2. 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.

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

Notice of termination shall be mailed to the City:

Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the Contractor:

Jacob Taylor
Taylor Backhoe Service, Inc. dba TBS Contractors
1605 East Gerard Avenue
Merced, CA 95341
All notices and communications from shall be to City's designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.

Either party may update their contact information, including but not limited to mailing address, at any time by providing written notice to the other party in accordance with the notice provisions set forth in this Agreement. Such updates shall take effect upon the other party's receipt of the written notice unless a later effective date is specified in the notice.

22. Warranty. Contractor warrants to OWNER that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. Contractor hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California Law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.

This section shall not limit OWNER’s rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.

23. Compliance with Laws. City shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of City’s services. Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.

24. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.

25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.

If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.

26. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the City hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that Contractor is a duly organized and legally existing municipal corporation in good standing in the State of California.

27. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California.

28. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

29. Independent Contractor. In performance of the work, duties, and obligations assumed by the Contractor under this Agreement, it is mutually understood and agreed that the City, including any and all of City’s officers, agents and employees will, at all times, be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of City. Furthermore, City shall have no right to control or supervise or direct the manner or method by which City shall perform its work and functions. The City shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over the subject matter hereof.

Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to City employees. City shall be solely liable and responsible for providing to, or on behalf of, its employees, all legally required employee benefits. In addition, City shall be solely responsible and hold City harmless from all matters relating to payment of City’s employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, City may be providing services to others unrelated to City or to this Agreement.

30. Sole Agreement. This instrument constitutes the sole and only Agreement between City and CONTRACTOR in connection to the Project and correctly sets forth the obligations of the City and CONTRACTOR to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.

31. Assignment. Neither the CONTRACTOR nor City will assign its interest in this Agreement without the written consent of the other.

32. Caltrans Authority. Caltrans is required by 23 Code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S.

Department of Transportation (USDOT), and the U.S. Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.

The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under • Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).

33. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy.

IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed an original on the date first above written.

CITY OF MADERA (OWNER)
By: _________________________________
Cecilia K. Gallegos, Mayor
Date: _______________________________

APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
Date: _______________________________

ATTEST:
____________________________________
Alicia Gonzales, City Clerk
Date: _______________________________

TAYLOR BACKHOE SERVICE, INC. DBA TBS

CONTRACTORS
By: _________________________________
Contractor (signature)
Date: _______________________________

_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
810520_____________________
Contractor License Number
1000597055___________________
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

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

State of California )
County of ______________ )
On ______________, 2025 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ___________________________________ (Seal)
Construction Services Agreement
Exhibit A - CONTRACTOR Complete Bid as Submitted on 09/08/2025

Construction Services Agreement
Exhibit B - Addenda No. 1, dated 08/22/2025
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 1
August 22, 2025
RE: IFB 202425-22B James Taubert Park Construction Rebid The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.

Bid due date remains the same: 5:00pm, August 20, 2025
Attachments are as follows:

No. Attachments Number of
Pages
1 Q&A Received through 5:00pm, August 20, 2025 1
2 PG&E Request for Inspection Form 2
3 Electrical Drawings for PG&E PM 35120124, City of Madera Traffic Signal at Olive Avenue and Knox Street
1 Issued by: __________________________________________ Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 1, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.

Company:

Signature:

Acknowledged by:

Q&A Received through 5:00pm, August 20, 2025
Question: Are the PG&E drawings available for the electrical? Answer: The City of Madera has initiated the application with PG&E for gas and electric services at 1280 East Olive Avenue, Madera, CA 93638. PG&E PM 35518958. Drawings from PG&E for the electrical work at the project site are not available. The contractor selected will be responsible for contacting PG&E to schedule a pre-construction meeting, utilizing PG&E's Request for Inspection form; Attachment #2 to Addendum #1. Electrical drawings are available for PG&E PM 35120124, associated with a City of Madera traffic lights installation project at the immediate corner of Olive Avenue and Knox Street; Attachment #3 to Addendum #1. These plans may be helpful in preparation for the PG&E drawings to be completed for the James Taubert Park.

Request for Inspection Form TD-4462M-F02, Rev. 4
Publication Date: 11/20/2024
Effective Date: 02/01/2025
PG&E Internal © 2024 Pacific Gas and Electric Company. All rights reserved Page 1 of 2 Internal
Complete all information on this request form electronically, and submit the form to the local service planning inspection desk via email. Refer to Utility Manual TD-7001M, Greenbook, for inspection desk contact information.

The requestor will receive a confirmation email from the inspection desk clerk.

Project Information Inspection Information
PM No. (gas)* GPS Coordinates (Lat/Long)*
PM No. (electric)* Valid USA Ticket No.*,1
Project Name* Preferred Inspection Date*
Subdivision Tract Name* ☐ NA Preferred Inspection Time Slot* ☐ AM ☐ PM Subdivision Tract No.* ☐ NA Requestor Name*
Address* Requestor Phone No.*
Cross Street* Field Contact Name*
City* Field Contact Phone No.*
Email Address(s) to Receive Pronto Inspection Forms*,2:
*Must complete all information. Incomplete form will be returned. 1 Record NA (not applicable) for electric overhead inspection only. 2At a minimum, provide email address for the contractor or developer.

Lot # / Bldg. # Address Lot # / Bldg. # Address
Trench Occupants1
☐ Gas ☐ Electric ☐ Cable ☐ Telecommunication
1 If the trench includes gas and electric assets, be sure to record the PM numbers for both utilities in the Project Information section.

Type of Inspection
☐ Gas Stub Completion1 ☐ Hot to Socket* ☐ Air Test
2 ☐ Electric Equipment*
☐ Subsurface Transformer
☐ Padmount Transformer
☐ Pad for Padmount
☐ Interrupter
☐ J-Box
☐ Poles Set*
☐ Switch
☐ Any Overhead Work
☐ Continuity Check3 ☐ Temporary Power* ☐ Final Meter Set ☐ Cable Splice*
Number of Splices:
☐ Cable Pull*
Length of Cable Pull (feet):
☐ Bell Hole
☐ Trench
☐ Gas Fusion3
Type of Fusion:

Number of Fusion:
☐ Gas Lay-In
Size of Pipe (inches):

Length of Pipe (feet):
☐ Mandrel >300 Volts*
Length of Conduit (feet):
☐ Electric Conduit/Substructures
☐ Enclosure
☐ Mandrel <300 Volts
Do you have an approved mandrel? ☐ Yes ☐ No
Total footage of all conduit runs (feet):
☐ Pre-Meter/Manifold Installation Meeting
☐ Gas Pipeline Operations and Maintenance
☐ Field Services
Conduit inspected and backfilled? ☐ Yes ☐ No ☐ Electric Final Walk-Through* ☐ As-Built Review ☐ Other Inspection Type (enter code from Table 1, Page 2):
*Requires qualified electric worker. 1
Record the lot and/or building number in the Lot # / Bldg. # column, and record the address for each stub completion. 2 Do not air-test until qualified PG&E inspection personnel are on-site. 4 Clerk contacts inspector to confirm hours needed to complete the job.

Notes:

Request for Inspection Form TD-4462M-F02, Rev. 4
Publication Date: 11/20/2024
Effective Date: 02/01/2025
PG&E Internal © 2024 Pacific Gas and Electric Company. All rights reserved Page 2 of 2 Internal
Table 1. Required Inspector Based on Type of Inspection (excerpts from Utility Manual TD-4462M, Table 1) Code1 Type of Inspections2 QEW Gas CIO
C01 Trench (gas only, electric only, shared, joint, backfill) —  C02 Temporary power in trench or buried conduit — 
C03 Gas electrofusion — 
C04 Gas pipe lay-in or tie-in — 
C05 Continuity check — 
C06 Air test — 
C07 Bell hole — 
C08 Pre-meter or manifold installation meeting — 
C09 Clearance (working space) — 3
C10 Meter rooms or cabinets (gas) — 
C11 Barrier posts — 
C12 Gas stub completion or gas tie-ins — 
C13 Houseline inspection for meter set installation (GDS J-15) —  C14 Install conduit and mandrel into hot box (secondary, <300 volts) —  C15 Panel inspection (≤400 amps) — 
C16 Panel board construction (residential) — 
C17 Gas as-built documents — 
CB00 Field meet  
CB01 Pre-construction meeting  
CB02 Pre-HDD cross bore inspection and review — 
CB03 Pole quadrant — 3
CB04 Panel conduit — 2
CB05 Customer-owned poles with or without panel installed — 4 CB06 Electric substructures (pads, boxes, enclosures, retaining walls, vault) — 5 CB07 Ground rod/hardware — 2
CB08 Mandrel (cold box) — 2
CB09 Streetlight (conduit and inspection only) — 2
E00 Standby inspector  —
E01 Temporary power with overhead (OH) electric  —
E02 Install conduit and mandrel into hot box (primary, >300 amps)  — E03 Mandrel conduit (>300 volts)  —
E04 Panel inspection (>400 amps requires QEW)  —
E05 Electrical equipment/installation (transformers, switches)  — E06 Panel board construction (commercial)  —
E07 Meter rooms and cabinets – electric  —
E08 Cable pulling or splicing (primary and secondary)  — E09 Wire or cable termination into hot box  —
E10 Streetlight (connection)  —
E11 Hot-to-socket (energized)  —
E12 Electric final walk-through and inspection  —
E13 Electric as-built documents  —
W01 1-year warranty inspection
W02 2-year warranty inspection
1 C = Priority goes to CIO (gas) inspector. CB = May require both CIO (gas) and QEW per Footnote 2. E = Requires QEW inspector. 2 Gas Centralized Inspection Operation (CIO) is a preferred resource; however, inspection may also be performed by a qualified electrical worker (QEW) if gas inspector is not available. 3 Inspector may need QEW support, depending on detail of drawing. 4 If pole is a used pole, QEW is required to test for climbing. If pole is a new pole, gas CIO is enough. 5 QEW is required to inspect the reconfiguration of existing primary circuitry. ɸ
Construction Services Agreement
Exhibit C - Addenda No. 2, dated 08/22/2025
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 2
August 22, 2025
RE: IFB 202425-22B James Taubert Park Construction Rebid The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.

Bid due date reflected a mistake in Addendum No. 1.

See correction:

Bid due date remains the same 4:00pm, September 8, 2025 Issued by: __________________________________________
Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 2, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.

Company:

Signature:

Acknowledged by:

Construction Services Agreement
Exhibit D - Addenda No. 3, dated 09/04/2025
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 3
September 4, 2025
RE: IFB 202425-22B James Taubert Park Construction Rebid The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.

Bid due date remains the same 4:00pm, September 8, 2025 Attachments are as follows:

No. Attachments Number
of Pages
1 Revised Sheet L1.0 from Attachment B, Project Plan Sheets by O’Dell Engineering, updating product details for drinking fountain.
1 2 Revised Sheet L5.1 from Attachment B, Project Plan Sheets by O’Dell Engineering, updating product details for drinking fountain.
1 Issued by: __________________________________________ Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 3, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.

Company:

Signature:

Acknowledged by:

JAMES TAUBERT PARK LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 37 Know what'sbelow.

Callbefore you dig.

R 100% BID SET
1280 E. OLIVE AVENUE, MADERA CA 93638
odellengineering.com
westwoodps.com
1165 Scenic Drive, Suite A
Modesto, CA 95350
a Westwood company
Signature Renewal Date Date

L ICENSED LANDSCAPE ARCHITECT

STATE OF CA L I FORN I A
SA M I R K HA NNA # 6 3 6 0
05/31/27
09/03/2025

GENERAL NOTES GENERAL LIGHTING NOTES

SITE FEATURES AND

FINISHES LEGEND

AND NOTES
L1.0
PLAYGROUND SURFACING SCHEDULE (ADD ALT #1)

REFERENCE KEY

SITE FEATURE SCHEDULE

PLAYGROUND FEATURE SCHEDULE
BASKETBALL COURT/TABLE TENNIS AREA SURFACING SCHEDULE (ADD ALT #2)

SITE FINISH SCHEDULE
090425

CONSTRUCTION

DETAILS
L5.1JAMES TAUBERT PARK LANDSCAPE IMPROVEMENT PLANS MADERA, CALIFORNIA 37 Know what'sbelow.

Callbefore you dig. R 100% BID SET
1280 E. OLIVE AVENUE, MADERA CA 93638
odellengineering.com
westwoodps.com
1165 Scenic Drive, Suite A
Modesto, CA 95350 a Westwood company
Signature Renewal Date Date L ICENSED LANDSCAPE ARCHITECT STATE OF CA L I FORN I ASA M I R K HA NNA # 6 3 6 0 05/31/27
09/03/2025 4" 4" 4"
090425
Construction Services Agreement
Exhibit E - Insurance Requirements for Contractor as specified in IFB A Class A, General Engineering Contractor license will be required. Insurance documentation in accordance with the Insurance Requirements for Contractors will also be required.

14. Bidder’s Proprietary Information: Upon award, all documents provided by the successful Bidder shall become public record. All documents provided by any Bidders, other than the successful Bidder, shall become public record in their entirety and subject to disclosure. This shall also include but is not limited to documents for projects for which all bid proposals are rejected and projects for which an award is not made for any reason. In the event that one or more bid proposals are returned to the bidding parties, it is the intent of the City that such documents shall not become public records of the City unless required by the California Public Records Act or other provisions of law.

15. It is the City's policy to encourage the purchase of supplies, services and equipment from vendors located within the boundaries of the City. Local vendors are sellers, vendors, suppliers, and contractors who maintain places of business located within the limits of the City and who have a current City of Madera business license. The local vendor outreach policy shall not apply to those Agreements where State or Federal law, or other laws or regulations preclude such a preference.

Contractors will, to the greatest extent feasible, attempt to incorporate local area businesses as subcontractors and suppliers. Contractors will, upon request, provide records showing the outreach efforts made to local businesses to demonstrate that they have made a reasonable effort to inform local businesses of the opportunity.

16. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout.

Insurance Requirements for Contractors
Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
 $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01.

General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. The additional insured coverage under the Contractor’s policy shall be primary and noncontributory and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.
 $1,000,000 Automobile Liability combined single limit per accident for bodily injury or property IFB 202425-22B James Taubert Park Construction Rebid