Agenda packet — Madera City Council, December 17, 2025 (part 5 of 5)

City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
b. Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.

3. Consultant’s Fees and Compensation.
a. City shall compensate Consultant for rendering the Services pursuant to the Scope of Work in Exhibit A a flat fee of $3,750 per month.
b. Consultant shall invoice City monthly on a prospective basis for consulting fees.

Invoices shall be submitted by email to:

Wendy Silva
Director of Human Resources
[email protected]
c. City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense.

The parties shall seek to resolve the disputed items(s) by mutual agreement.

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 Consultant. Billing contact for Consultant:

Reagan Peralta
Assistant Vice President
[email protected]
d. Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant. e. Service Guarantee: Alliant agrees to place 10% of its annual consulting fee at risk with the following categories of the Service Guarantee:

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i. Execution of Scope of Work (5%) – the City’s satisfaction with deliverables in the Scope of Work.
ii. Service and Support (5%) – Service and support of the City with decision making tools, attendance at meetings, and assistance for any implementation of new benefits/products and transition to carriers. iii. At any time, the City can invoke the terms of the guarantee. All categories are based solely on client satisfaction level. The categories noted herein may be modified in writing by mutual agreement between the City and Consultant.
f. Alliant has a separate division within the firm, Alliant Underwriting Services (AUS), that provides Consulting, Underwriting, and Program Management Services to a number of Joint Powers Authorities (JPAs) and Joint Purchasing Pools throughout the country. AUS receives compensation from carriers for services provided to support the operations and administration of a JPA and/or purchasing pools and is a cost including in the premium. Alliant will disclose any AUS fees associated with a joint purchasing program presented to the City. It is understood that the City may be a member of a JPA or purchasing pool serviced by AUS, however these services are not directly provided to the City and therefore not part of the Scope of Work or Compensation contemplated in this Agreement.

4. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, 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.

Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and

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contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

6. Identity of Subcontractors and Sub-Consultants. Consultant shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and no less restrictive indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions, and other work product prepared and performed by subcontractors for Consultant; and (c) compliance with all laws and certifications as required under this Agreement.

8. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

9. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and a copy of all final reports prepared by Consultant under this Agreement.

10. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four

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(4) years from the date of expiration or termination of this Agreement.

11. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Consultant 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. Consultant 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. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

12. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

14. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.

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a. For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. b. For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause.
c. Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. d. Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant.

Consultant may not refuse to provide such writings or materials for any reason whatsoever.

17. Insurance. Consultant shall obtain and maintain in full force and effect during the

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term of this Agreement the insurance policies set forth in Exhibit B attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request.

18. Indemnity and Defense. Consultant 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”), to the extent resulting from the Consultant’s performance of its obligations under this agreement or out of the operations conducted by Consultant, except for such loss or damage arising from the sole negligence, errors, omissions, 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 Consultant’s performance of this agreement, the Consultant 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.

19. Compliance with All Laws. Consultant shall 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, Consultant 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.

20. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by either party without the prior written consent of either party. In the event of an assignment to which either party has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained.

In addition, Consultant shall not assign the payment of any monies due Consultant 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 Consultant directly to Consultant.

21. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: Arnoldo Rodriguez, City Manager
City of Madera
205 W. Fourth
Madera, CA 93637
Email: [email protected]

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To Consultant: Erin Thomas, Senior Vice President
Alliant Insurance Services
2185 N. California Blvd., Suite 400
Walnut Creek, CA 94596
Email: [email protected]
Notice shall be deemed effective on the date personally delivered, or transmitted by email, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

Either party may update their contact information, including but not limited to mailing address, email address, or phone number, 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. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

23. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

25. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

26. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Consultant in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

27. Attorneys’ Fees. If either party is required to commence any proceeding or legal

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action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

28. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts and by Electronic Signature. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages, and electronic or facsimile signatures (including PDF) shall be deemed original signatures for all purposes. The transmission of an executed counterpart by electronic means constitutes due delivery. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

31. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
[SIGNATURES ON FOLLOWING PAGE]

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

ALLIANT INSURANCE SERVICES, INC. CITY OF MADERA
Erin K. Thomas, Senior Vice President Cecelia K. Gallegos, Mayor Date: Date:

APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk

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EXHIBIT A

SCOPE OF SERVICES
A. Strategy Frequency

1. Set/review goals and objectives Annually

2. Evaluate market trends, competitive environment, and culture Annually

3. Benchmark plan designs, costs, and contributions As Needed

4. Facilitate planning meetings and prepare executive-level documents as necessary
Annually/As Needed

5. Evaluate funding optionsfor coverages As Needed

6. Develop and manage service/benefit calendar Annually

7. Attend PRISMHealth and PRISM Employee Benefits Committee Meetings Ongoing

8. Bi-weekly call with the City Bi-Weekly
B. Financial and Renewal Management

1. Prepare pre-renewal analysis to guide renewalstrategy Annually

2. Initiate renewals with vendors, negotiate annual rates and terms and conditions Annually

3. Conductself-insured underwriting analysisfor ancillary coverages As Needed

4. Price and model plan design alternatives As Needed

5. Model employee contributions Annually/As Needed

6. Provide the financial impact of new regulation(s) As Needed

7. Evaluate carrier and plan options available both from the direct market and through proprietary purchasing pools available to public agencies As Needed
C. Medicare & Individual Support Services

1. Alliant Medicare Solutions - AMS Complimentary
AMS provides tailored and guided Medicare support. Provides access to licensed AMS agents via toll-free number for employer/Medicare healthcare options, evaluation, and assistance with Medicare enrollment, as applicable.

Ongoing

2. Alliant Individual Health Solutions (AIHS) Ongoing
D. Marketing and Placement Support

1. Prepare request for proposals (RFP) - evaluate potential vendors and develop bid specifications As needed

2. Conduct detailed bid analysis – compare financial and quality responses, network access and optimization comparisons, review plan designs, evaluate alternative cost and funding alternatives, negotiate performance guarantees
As needed

3. Facilitate finalist meetings and scorecard analysis; negotiate best and final rates As needed

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4. Implementation support: facilitate project plan management, review administrative agreements, and contract terms and conditions As needed

5. Voluntary Benefits – Overview, Marketing, Results, Implementation, Ongoing Services As needed/Ongoing
E. Vendor Management

1. Manage and regularly evaluate insurance carrier and service provider relationships Ongoing

2. Utilization review meetings Annually

3. Support escalated claim or plan design issues Ongoing

4. Review plan document changes(contracts, policies, SBCs) Annually

5. Stewardship Report Annually
F. Health, Well-being, and Productivity (Wellness)

1. Assist in education and promotion of current well-being programs and point solutions Ongoing

2. Provide access to a standard communication toolkit, including a monthly newsletter, annual communications calendar, health educational flyers, and materials on relevant health conditions and well-being initiatives, as well as PRISM-specific information available
Ongoing

3. Share clinical opinion guides and infographics on common topicssuch as preventive care, cancer, diabetes, stress, screenings, and biometrics As needed

4. Provide templates for employee and employer surveys and assessments As needed

5. Provide Annual Wellness Communications Calendar Annually

6. Accessto Alliant Wellness Consultant As Needed
G. Compliance & HR Resources

1. Compliance Audit & Review of Findings As Needed

2. HIPAA Compliant Toolkit As Needed

3. Offer ongoing education through webcasts, podcasts, white papers, legislative alerts, FAQ’s and weekly Friday Fast Facts Weekly/Ongoing

4. Provided Q&A support by the designated Alliant compliance consultant Ongoing

5. Provide a consolidated annual notices package that includesthe main Federal requirements, including Medical Part D, HIPAA privacy, Women’s Healthcare Rights Act
Annually

6. Podcast “Compliant with Alliant” Ongoing

7. HR Workplace Services (HRWS) Membership & Advisory Services Ongoing

8. COBRA , FSA & ACA Administration Vendor Marketing & Customer Service Support Ongoing
H. Communications

1. Meetings – Meet with City HR team, City Leaders, City Council, Employees, and Unions/Labor Groups As Needed

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2. Facilitate communication strategies for open enrollment and new hires Annually

3. Assess current communication materials provided by vendors and developed in-house Annually

4. Draft open enrollment materials based on Alliant’s template materials (CampaignBuilder), including announcement letter/email, open enrollment PowerPoint, benefit guide ( up to 3 revisions), flipping book, videos Annually

5. Coordinate vendor materials and suppliesto support open enrollment Annually

6. Provide accessto a library of videos and educational materials As needed

7. Support HR with Open Enrollment As Needed

8. Health Fairs – Assist the City’s HR team with coordination, management, tracking, and attendance at Health Fairs Annually

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EXHIBIT B

INSURANCE REQUIREMENTS
Consultant 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 form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies. ▪ Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall 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 Professional Liability (Errors & Omissions) per claim and in the aggregate. Consultant shall maintain professional liability 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 Consultant 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 Consultant’s bid.

Maintenance of Coverage
Consultant 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 Consultant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver ofsubrogation 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.

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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
Except for Professional Liability, 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 Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant 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)
Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant 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 Consultant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Consultant.

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

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Additional Insurance
Consultant 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: December 17, 2025
_________________________________ Agenda Number: ___________ Jamie Hickman, Streets & Storm Drain Manager
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Reject the bids received for Ready Mix - Concrete Materials RECOMMENDATION:

Approve a Minute Order rejecting the bids received for IFB 202526-05 Furnish and Delivery of Ready Mix - Concrete Materials
SUMMARY:

On October 20, 2025, the City held a bid opening for Informal Invitation for Bids (IFB) 202526-05, Furnish and Delivery of Ready-Mix Concrete Materials. Two bids were received in response to the solicitation, both of which were evaluated in accordance with the specifications and unit pricing (per cubic yard) requirements set forth in the IFB.

Based on the evaluation, staff determined that both submitted bids exceeded the current unit costs charged by the City’s existing on-call supplierthat provides materials on an as-needed basis.

Although this vendor did not submit pricing under the IFB, the existing pricing structure remains significantly lower than the bid pricing received. In alignment with the City’s obligation to ensure prudent expenditure of public funds and obtain best value for materials, staff recommends that both bids received under IFB 202526-05 be formally rejected. Staff further recommends continuing to purchase concrete materials using the current uncontracted vendor to ensure the best value to the City.

DISCUSSION:

The City has been aggressively repairing damaged sidewalks throughout the community.

Although the condition of maintenance of sidewalks are the responsibility of the adjoining property owner, the City was fortunate to receive Community Block Development Grant (CDBG) funding to repair damaged sidewalks within eligible program areas. Earlier this year, the City B-18

RETURN TO AGENDA
received a new round of CDBG funding, which has allowed the City to continue repairing sidewalks in both CDBG and non-CDBG eligible areas. Moreover, the City has been actively repairing sidewalks at public facilities such as parks and the airport.

In an effort to purchase ready-mix concrete at the most economically favorable price, City staff contacted local suppliers and consistently purchased concrete from a single vendor based on price. To streamline the purchasing process, staff issued an IFB to establish a Purchase Order (PO) which would further simplify the purchasing process.

On October 20, 2025, staff advertised IFB 202526-05 soliciting bids for the Furnish and Delivery of Ready-Mix Concrete Materials in accordance with the California Public Contract Code (PCC) and the City’s purchasing policy. In addition to notifying vendors registered through the City’s electronic bidding portal, PlanetBids (18 firms registered with the City and an additional 250 firms registered through the platform), staff also contacted six (6) local suppliers and distributed the solicitation to seven (7) plan rooms. Two bids were received by the November 21, 2025 deadline.

Table 1: Bids
Bidder Bid Per cubic yard
Outback, Inc. $226
Crown Short Load Concrete $296
It should be noted that the City currently pays approximately $138 Per cubic yard. The low bid of $226 per cubic yard represents an increase of $88 per cubic yard, and the second bid is higher still. Both bids represent significant cost increases in compared to current pricing.

Under Public Contract Code (PCC) §22038, the City is permitted to reject all bids, provided that written notice is furnished to the apparent low bidder at least two (2) business days prior to Council consideration of the rejection. Purchasing issued the required notices on December 12, 2025.

Pursuant to PCC §22038, the City now has the following options:

1. Abandon the project or readvertise for bids in the manner prescribed by this article; or

2. By passage of a resolution adopted by four-fifths vote of the Council declaring that the work can be performed more economically by City forces, proceed with the work by force account labor without further compliance with bidding requirements.

Additionally, the City’s bid documents expressly state that the City reserves the right to reject any or all bids for any reason.

Although two bids were received, the current vendor’s existing pricing remains significantly lower than the proposals submitted through the IFB process. Based on this price differential, staff recommends rejecting all bids and continuing services with the existing approach as it represents the most cost-effective option for the City.

FINANCIAL IMPACT:

The current vendor’s pricing of $138 per cubic yard represents an approximate 39 percent lower cost compared to the lowest bid of $226 received during this solicitation. Although two bids were submitted, bids were significantly higher than the current vendor’s existing rate and accepting any of the submitted bids would result in a substantial and unnecessary increase to operating costs.

The project is fully funded in the current adopted fiscal year budget. A total of $230,047 in CDBG funds is available for the FY 26 Sidewalks Project, of which $130,000 is specifically allocated for materials, including concrete delivery, furnishing, and other supplies required for this work. The remaining CDBG balance is designated for staff salary costs associated with the project. In addition, approximately $102,000 is allocated in the Public Works Streets Maintenance and Operations Fund for concrete delivery. There is no anticipated impact to the General Fund.

ALTERNATIVES:

As an alternative, Council may:

1. Deny the request to reject the bid received, and award to the lowest bidder.

2. Reject the bid received and readvertise the project.

ATTACHMENTS:

1. Notice of Bid Rejection
Attachment 1
Date:_________

CONTRACTOR

COMPANY

ADDRESS

CITY STATE ZIP
SUBJECT: Rejection of Bids, IFB 202526-05 Furnish and Delivery of Ready – Mix Concrete Materials.

Dear ___________:

The City has made a determination to reject all bids received on November 21, 2025 for IFB 202526-05 Furnish and Delivery of Ready – Mix Concrete Materials. Bid bonds submitted with bids will be returned to bidders.

Sincerely,
Jennifer Stickman
Procurement Services Manager
City of Madera Purchasing Division, 205 East 4th Street, Madera, CA 93637 PHONE: (559) 661-5463 • www.madera.gov

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
Agenda Number: ___________
________________________________
Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Irrigation system assessment at the Madera Municipal Golf Course RECOMMENDATION:

This item is being presented at the request of the Golf Course Advisory Committee (GCAC) which is recommending that the City enter into a consultant service agreement for an irrigation system assessment at the Madera Municipal Golf Course and a budget amendment to appropriate existing funds within the golf course capital expense account SUMMARY:

The GCAC was established by the City Council on September 6, 2023, with the appointment of a 7-member body. The purpose of the GCAC is to advise the City on matters related to the Madera Municipal Golf Course. The committee is taking a proactive approach by prioritizing maintenance and implementing improvement initiatives.

Over the past two years, the GCAC has focused on addressing various deferred maintenance issues at the golf course. Improvements to date have included, but are not limited to, restroom renovations, flooring, and HVAC system replacements. Table 1 identifies funding. It is noted that funding for the golf course originates from the following sources:

1. Sierra Golf Management (SGM) and the Clubhouse tenant (i.e., Sugarpine Smokehouse):

Per the 9th Amendment approved by Council on June 21, 2023, each contributes $25,000 towards capital improvements for a total of $50,000.

2. City:

D-1

RETURN TO AGENDA
a. Per the 9th Amendment, the City contributes $25,000 towards capital improvements.
b. Per Council direction May 1, 2024, all net revenues that the City receives is to be allocated towards the capital program. Said figure fluctuates.

Table 1: Golf Course Capital FY 23/24 - FY 25/26 (YTD as of 12/10/25) Transaction Type FY 2023/24 FY 2024/25 FY 2025/26 (YTD) Revenue and Carryover
Capital Carryover - $55,368.37 $87,807.62
Operating Carryover $29,293.37 $92,409.76 -
Revenue $75,000.00 $50,000.00 $50,000.00
Total Revenue and Carryover $104,293.37 $197,778.13 $137,807.62 Expense
Women's Bathroom Remodel $45,300.00 - -
Bathroom Repair $900.00 - -
Kitchen Repairs $2,725.00 - -
Air Conditioning Unit Replacement - $39,168.51 -
Men's Bathroom Remodel - $47,000.00 -
Restaurant Door Replacement - $11,180.00 -
Clubhouse Flooring Replacement - $12,622.00 -
Air Conditioning Unit Replacement - - $23,211.30
Air Conditioning Repair - - $120.15
Air Conditioning Repair - - $1,262.00
Total Expenses $48,925.00 $109,970.51 $24,593.45
Total $55,368.37 $87,807.62 $113,214.17
DISCUSSION:

While many improvements have been made over the years, funding considerations have influenced decisions regarding maintenance. The GCAC has held numerous robust discussions about the best ways to address outstanding maintenance items, some of which are listed below:
 Painting
 Updating the driving range (new mats, cover, lights)
 Slurry sealing the parking lot
 Solar installation
 Irrigation system
 Pump station
 Additional HVAC replacement
United States Golf Association (USGA) Site Inspections
The USGA conducted two site audits in 2023 and 2024. Both audits produced reports recommending the city consider upgrades to the pump and irrigation system. Observations provided by USGA are as follows:

1. Antiquated System: The irrigation system is now over 30 years old. Most courses will replace irrigation satellites, sprinklers, and lateral and mainline valves between 15 and 25 years of use. Many also replace the entire irrigation system, which typically includes installing new field satellite controllers, upgrading central control hardware and software, and improving irrigation infrastructure around green surrounds and putting greens.

2. System Limitations: The irrigation system does not deliver water adequately and efficiently to this golf course. The system only delivers about 1,200 gallons per minute, which is only about 40% of what a typical golf course will pump out to an 18-hole golf course. This means not enough water can be delivered to the golf course during an evening irrigation cycle, and the time in which to apply water is 11 to 13 hours. A system with adequate pressure and flow could deliver more water in a window of only about six hours. The long water window creates wet conditions for golfers playing early in the morning and does not facilitate deep watering.

3. Multiple Sprinklers Per Valve: There are two to three sprinklers per station and, in some cases, five to six sprinklers per station. This means limited ability to apply site-specific water and results in inefficient use of water and overwatering.

4. Inconsistent Spacing: The spacing among the sprinklers is inconsistent, which results in localized wet and dry areas.

5. Valves Not Working: Mainline and lateral line valves are not working properly. This means that to conduct any repairs across the golf course, the team must shut off the pump station. During the summer months, this is a significant inconvenience and puts turfgrass throughout the golf course at risk of failure.

6. Pump Station in Poor Condition: The pump station is in very poor condition and is exposed to the elements.

7. No Independent Watering: Irrigated turf was removed several years ago. It was reported that the team now irrigates only about 75 acres of turf compared to about 105 acres of turf several years ago. However, the sprinkler design is not set up to independently water only these 75 turf acres. This means water is applied where it is not needed.

8. Poor Sprinkler Design Around Greens: There are full-circle sprinklers around greens, which means water must be applied to green surrounds and bunkers when greens are watered. Ideally, greens would be watered with part-circle sprinklers designed only for the greens to allow deep watering of greens without flooding bunkers.

The GCAC, during its most recent meeting, determined that the issues raised within the USGA report related to the irrigation system are a high priority. The committee envisions hiring a consultant to conduct an audit of the irrigation system would be beneficial in identifying inefficiencies and prioritizing the associated timing and costs of the identified needs.

Preliminary budget estimates suggest that the expected cost for this audit will be between $10,000 and $15,000.

FINANCIAL IMPACT:

There are sufficient funds available in the Golf Course Capital Improvement (CIP) Fund. This request is regarding consulting services, and the available funding is designated specifically for capital expenses. Therefore, if the council directs staff to proceed, approval to reallocate some existing funds will also be necessary.

ALTERNATIVES:

No alternatives to request Council direction.

ATTACHMENTS:

No attachments.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Purchase of Two Replacement Gearboxes for the Wastewater Treatment Plant Aeration System RECOMMENDATION:

Adopt a Resolution authorizing the purchase of two (2) replacement gearboxes for the Wastewater Treatment Plant (WWTP) aeration system from WesTech Engineering, LLC for $145,065.25
SUMMARY:

The aeration system at the Wastewater Treatment Plant relies on gearboxes to transfer power from the drive motors to the aerators, enabling proper oxygenation and mixing within the treatment process. Two of the gearboxes have reached the end of their useful service life and are exhibiting wear consistent with long-term operation. Replacing these units at this time will support continued system reliability, maintain operational efficiency, and ensure the aeration process remains compliant with regulatory performance standards.

DISCUSSION:

The WWTP utilizes three oxidation ditches, where microbes eat organic pollutants in the influent flow. Mechanical aerators circulate and mix the mixed liquor suspended solids (MLSS). Prior to reaching the oxidation ditch, the influent flow goes through a bar screen and grit removal. It then travels to the oxidation ditch. Each oxidation ditch is equipped with two gearboxes that transfer mechanical power from the motors to the aerators to aerate and move large volumes MLSS. A total of six gearboxes operate concurrently to maintain proper aeration. Two of the gearboxes are in need of replacement.

History of Repairs
During Fiscal Year 2016/2017, two gearboxes were removed and rebuilt due to long-term internal wear. Although plant aeration operations continued with the remaining gearboxes in service, the rebuild process revealed that several core internal components exceeded typical lifecycle expectations. Replacement parts, including internationally manufactured specialty gearing, D-2

RETURN TO AGENDA
require extended lead times. As a result, transitioning from individual internal rebuilds to full gearbox replacements at end-of-service life is recommended in this instance.

Current Need
The WWTP aeration system utilizes six gearboxes that operate continuously under high-load and high-moisture conditions typical of wastewater environments. Two of the gearboxes have now reached their expected service life and are exhibiting wear indicators consistent with long-term mechanical use.

In alignment with prior lifecycle replacement practices, staff is recommending replacement of these two units at this time. Doing so will support continued system efficiency, maintain reliable aeration performance, and reduce the likelihood of future unplanned downtime.

Procurement Process
An informal Invitation for Bids (IFB 202425-04) was released on November 4, 2024, and posted on the City’s web based bidding platform, PlanetBids. The solicitation was sent to 64 firms registered with the City, and an additional 250 firms registered through other agencies. Eighteen firms initially expressed interest, and three submitted bids by the December 5, 2024 deadline. A summary of bids received can be found in Table 1.

City staff reviewed all three bid submissions for completeness, compliance with the solicitation requirements, and responsiveness. Following this, the results were provided to the Wastewater Treatment Plant Manager along with a recommendation to award to the lowest responsive and responsible bidder, WesTech Engineering LLC.

Table 1: Bid Summary
Firm Bid
WesTech Engineering, LLC $145,065.25
Sentry Equipment Corp $192,942.62
Industrial Electrical Co. $199,262.27
If approved, the new gearboxes are expected to arrive approximately six months after order placement and installation is anticipated to take several days. The remaining four gearboxes are currently operating within normal parameters and will continue under routine monitoring.

Once the replacement units are installed and operational, staff will schedule a phased evaluation of the remaining gearboxes. This approach allows the WWTP to maintain full aeration functionality while assessing two gearboxes at a time for internal condition, wear, and service life. Based on those findings, staff will determine whether the remaining gearboxes are candidates for continued use, rebuild, or future replacement.

FINANCIAL IMPACT:

As part of the FY 2025/26 Adopted Budget, Council approved an appropriation of $160,000 to cover the cost of purchasing these two aerator gearboxes. As the low bid for these gearboxes is below the appropriated amount, no further budget adjustment is needed. Unused funds would remain in the Sewer Fund.

ALTERNATIVES:

As an alternative, Council may:

1. Reject all bids and direct staff to rebid, understanding this will delay procurement and increase the risk of gearbox failure.

2. Direct staff to explore repairing the existing gearboxes, noting that past repairs required long lead times and may be cost-prohibitive.

ATTACHMENTS:

1. Attachment 1 - Resolution

2. Attachment 2 - Agreement with Westech Engineering, LLC. a. Exhibit A – Description of Goods
b. Exhibit B – Schedule of Compensation
c. Exhibit C - Insurance Requirements
d. Exhibit D - Conflict of Interest Disclosure Form
RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MADERAAPPROVING AN AGREEMENT WITH WESTECH ENGINEERING,
LLC. FORTHE PURCHASE OF TWO GEAR BOXES FOR THE

WASTEWATERTREATMENT PLANT AERATION SYSTEM
WHEREAS, the City of Madera operates three oxidation ditches at the Wastewater Treatment Plant (WWTP), each equipped with gearboxes that support aeration functions necessary for ongoing plant operations and regulatory compliance; and WHEREAS, the City has previously experienced gearbox wear that required off-site refurbishment, during which internal components exceeded standard maintenance needs, resulting in higher-than-anticipated repair costs; and
WHEREAS, two additional gearboxes are now exhibiting performance concerns, including oil leakage and signs of mechanical wear, indicating that future replacement will be necessary to support reliable operations; and
WHEREAS, continued wear of these gearboxes may reduce aeration efficiency and lead to increased maintenance needs and operational impacts if not addressed within a reasonable timeframe; and
WHEREAS, staff issued a formal Invitation for Bids (IFB) for the purchase of replacement gearboxes, and the lowest responsive and responsible bid was submitted by WesTech Engineering, LLC; and
WHEREAS, the total purchase cost of $145,065.25 is proposed to be funded through appropriations in the Sewer Fund as included in the Fiscal Year 2025/26 Adopted Budget; and WHEREAS, replacement of these gearboxes is a planned operational and maintenance action that supports long-term system reliability and continued wastewater treatment performance; and
WHEREAS, the City finds it prudent to proceed with replacement at this time in order to maintain consistent aeration capacity, ensure dependable plant operations, and continue compliance with State and Federal regulatory requirements.

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.

2. The City Council of the City of Madera hereby accepts the proposal received for this Invitation for Bid, and finds Westech Engineering, LLC. has submitted a responsive and responsible proposal and awards the Agreement for the Purchase of Goods for IFB No. 202425-04, Aerator Gearboxes for Wastewater Treatment Plant (WWTP) Oxidation Ditches which is attached hereto as Exhibit A and incorporated herein.

3. The City Council does hereby direct staff to affect the purchase of the two needed gear boxes at the Wastewater Treatment Plant in an expedited manner.

4. The City Council does hereby direct that staff may, for this project only, award this agreement and does hereby delegate authority to the City Administrator to order any action necessary to move this project to completion in an expedited manner.

5. This resolution is effective immediately upon adoption. *****
Attachment 2

CITY OF MADERA AGREEMENT FOR THE PURCHASE OF GOODS
IFB 202425-04 AERATOR GEARBOXES FOR WASTEWATER TREATMENT PLANT (WWTP)

OXIDATION DITCHES
This Agreement for the Purchase of Goods (“Agreement”) is made and entered into the 17th day of December, 2025, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “City” AND Westech Engineering, LLC hereinafter called “Vendor”.

RECITALS
A. City desires to obtain two gearboxes (“Goods”) and issued An Invitation for Bid (IFB) for said Goods.

B. Vendor is a firm specializing in providing said Goods and submitted a bid to the City.

C. City desires to retain Vendor to provide said Goods, as detailed further herein.

D. City desires to retain Vendor, and Vendor desires to provide City with Goods, on the terms and conditions as set forth in this Agreement.

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

AGREEMENT

1. Description of Goods. Vendor shall provide, to the satisfaction of City in accordance with this Agreement, Goods described in Exhibit A, Description of Goods, and incorporated by herein by this reference.

2. Prices. All prices shall be as stated in Exhibit B, Pricing, and are firm and not subject to escalation. This purchase is subject to all applicable California sales and use taxes.

3. Terms of Payment: Payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance of goods, whichever occurs last. If City is entitled to a cash discount, the period of computation shall commence on the date of receipt of invoice or acceptance of goods by City, whichever occurs last. City may set off any amount owed by Vendor to City against any amount owed by City to Vendor under this Agreement. City shall endeavor to pay each invoice within thirty (30) days but shall not be responsible to Vendor for additional charges, interest or penalties due to failure to pay within that period.

4. Delivery Terms. Vendor shall deliver the goods, freight on board (FOB), to:

City of Madera Wastewater Treatment Plant
Attention: Randy Johnson
13048 Road 21 ½
Madera, CA 93638
All shipping charges shall be prepaid by Vendor in full and included in the unit price. Vendor retains title to the goods and risk of loss until the goods have reached the designated destination.

Vendor shall prepay all shipping charges, route the goods on the least expensive common carrier in compliance with the required delivery date, and add shipping charges to the invoice as a separate line item.

Goods shall be packaged, marked, and otherwise prepared for shipment by Vendor in suitable containers in accordance with sound commercial practices. Vendor shall include an itemized packing list with each shipment.

The risk of loss shall pass to the City upon delivery.

5. Quantities: Vendor shall deliver the exact quantities specified in Exhibit B. City reserves the right to reject incomplete deliveries and to return at Vendor’s risk and expense excess quantities delivered.

6. Delivery: Time is of the essence in the performance of this Agreement. If delivery of goods cannot be made at the specified time, Vendor shall promptly notify City of the earliest possible date for delivery. Notwithstanding such notice, if Vendor, for any reason whatsoever, fails to deliver goods within the time specified, City may terminate this Agreement or any part thereof without liability except for goods previously delivered and accepted. City’s receipt or acceptance of all or part of a nonconforming delivery shall not constitute a waiver of any claim, right or remedy City has under this Agreement or applicable law.

7. Inspection and Rejection: Goods shall be received subject to City inspection, testing, approval and acceptance at City premises notwithstanding any prior payment for such goods.

Goods rejected by City as not conforming to this Agreement may be returned to Vendor at Vendor’s risk and expense and shall not be replaced by Vendor without written authorization from City. Substitutions are not permitted except upon specific written authorization of City.

8. Warranties: In addition to any other express or implied warranties, Vendor warrants that all goods delivered under this Agreement will be new; suitable for the use intended; of the grade and quality specified; free from all defects in design, material and workmanship; in conformance with all samples, drawings, descriptions and specifications furnished by City; in compliance with all applicable federal, state, and local laws and regulations; and free of liens and encumbrances.

These warranties shall not be deemed to exclude Vendor’s standard warranties or other rights or warranties which City may have or obtain. At its expense and option, Vendor shall replace or repair any goods not conforming to the foregoing warranties. If, after notice, Vendor fails promptly to replace or repair any such goods, Vendor shall promptly refund to City the full purchase price paid by City for such goods

9. Compliance with Laws:
(a) Vendor shall comply with all applicable governmental laws, ordinances, codes, rules, regulations, programs, plans and orders in the performance of this Agreement. (b) Vendor shall be in full compliance with any and all permit or licensing requirements in connection with the manufacture, sale, shipment and/or installation of the goods specified in this Agreement.
(c) If, in connection with the specified goods, Vendor is required to comply with the Occupational Safety and Health Act’s hazardous communications standard, Vendor agrees to provide copies of the applicable Material Safety Data Sheets at the time of delivery of the goods.

10. Safety and Health Requirements: Goods supplied shall comply with all federal and state Occupational Safety and Health Administration requirements and with all California safety and health requirements.

11. Assignment: Neither this Agreement nor any duties or obligations hereunder shall be assignable by Vendor 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, Vendor shall not assign the payment of any monies due Vendor 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 Vendor directly to Vendor.

12. Patents, Copyrights or Trademarks: Vendor shall hold harmless and fully indemnify City and its officers, employees and agents from all damages or claims for damages, costs or expenses in law or equity that may arise for any infringement of the patent right, copyright or trademark of any person as a consequence of the use by City or any of its officers, employees or agents, of goods supplied under this Agreement.

13. Change Orders: City shall have the right to revoke, amend, or modify this Agreement at any time by issuance of a written Change Order. No verbal revocations, amendments or modifications shall be held binding on City; and City is not required to compensate Vendor for goods not authorized by written Change Order. Vendor’s receipt of City’s written Change Order without response received by City within ten (10) days or Vendor’s shipment or other performance reflecting the change, whichever occurs first, shall constitute Vendor’s acceptance of the change without any price or other adjustment.

14. Breach of Contract: Should Vendor breach any of the provisions of this Agreement, City reserves the right to cancel this Agreement upon written notice to Vendor and obtain such goods from another source. If a greater price than that named in this Agreement is paid for such goods, the excess price shall be charged to and collected from the Vendor. City shall have any and all remedies provided under the Uniform Commercial Code in the event of a breach of contract by Vendor.

15. Force Majeure: Neither party to this Agreement shall be held responsible for delay or default caused by fire, riot, acts of God, and/or war which is beyond that party’s reasonable control. City may terminate this Agreement upon written notice after determining such delay or default will reasonably prevent successful performance of this Agreement.

16. Entire Agreement: This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Vendor, and supersedes all prior negotiations, representations, or Agreements, either written or oral with respect to the subject matter herein.

This Agreement may be amended only by written instrument signed by both City and Vendor.

17. Indemnification: Vendor 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 Vendor’s performance of its obligations under this Agreement or out of the operations conducted by Vendor, 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 Vendor’s performance of this Agreement, the Vendor 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.

18. Additional or Inconsistent Terms: Any term or condition set forth in any acknowledgment form provided to City by Vendor which is in any way different from, inconsistent with, or in addition to the terms and conditions of this Agreement will not become a part of this Agreement nor be binding on City. Waiver or modification of any term or condition shall occur only if agreed in writing by City.

19. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: Arnoldo Rodriguez
City of Madera
205 W. Fourth
Madera, CA 93637
Email: [email protected]
To Consultant: Jonah McKell
Westech Engineering, LLC
3665 S. West Temple
Salt Lake City, UT 84115
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

20. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

21. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

22. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

23. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. This Agreement is entered into by City and Vendor in the County of Madera, California. Thus, in the event of litigation, venue shall only lie with the appropriate state or federal court in Fresno County.

24. Public Records. California law requires that the contents of this Agreement be open to inspection and copying by the public.

25. Attorney’s Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

26. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

27. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

28. Execution in Counterparts. 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.

29. Non-Discrimination. Vendor shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Vendor employees or applicants for employment. Vendor shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the City and Consultant have executed this Agreement on the date(s) set forth below.

CITY OF MADERA (OWNER)
By: _________________________________
Cecelia Gallegos, Mayor
Date: _______________________________
APPROVE AS TO FORM:

By: __________________________________
Shannon L. Chaffin, City Attorney
ATTEST:

By: __________________________________
Alicia Gonzales, City Clerk
VENDOR
By: _________________________________
Vendor (signature)
Date: _______________________________
Neal Smith, Vice President Aftermarket_
Printed Name and Title
85-3773309________________
Federal Tax I.D. No.

EXHIBIT A

DESCRIPTION OF GOODS

EXHIBIT B

SCHEDULE OF COMPENSATION
Item Description Rate
1 All labor, parts, materials, supplies, tools,
equipment, vehicles, travel, warranties,
manuals, and incidentals necessary to
furnish two (2) gearboxes to the City of
Madera per specifications of IFB 202425-
04 to be installed by the City of Madera.
$131,700.00
2 Sales Tax @ 8.25% $10,865.25
3 Shipping/Delivery/Freight FOB to the City of Madera
WWTP, Attn: Randy Johnson, 13048 Road 21 ½,
Madera, CA 93638
$2,500.00

EXHIBIT C

INSURANCE REQUIREMENTS
A. Insurance Requirements.

Consultant 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 policiesshall 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.  $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall 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.

Proof of Insurance
Consultant 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 Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant 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.

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 Consultant maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Consultant.

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

EXHIBIT D

DISCLOSURE OF CONFLICT OF INTEREST
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who isin litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera?
5 Are you or any of your principals, managers, or
professionals, related by blood or marriage to any City of Madera employee who has any significant role in the
subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature
(name)
(address)
(city state zip)
Additional page(s) attached.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number:

Jamie Hickman, Streets Division Manager
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Accept QA Constructors Inc. bid for the Invitation for Bid (IFB) 202526-01B Asphalt Concrete Patching and Slurry Seal Type II Application On- Call Services RECOMMENDATION:

Adopt a Resolution approving an agreement with QA Constructors Inc. for Asphalt Concrete Patching and Slurry Seal Type II Application On-Call Services not to exceed $1,066,480 BACKGROUND:

The City employs on-call contractors to perform permanent asphalt and concrete patching services to repair small to medium-sized service trenches resulting from utility maintenance and failed asphalt in streets and alleyways. Based on historical work volumes, the City estimates that between 7,000 to 20,000 square feet of patching is required annually due to water and sewer repairs, weather-related failures, and aging roadway surfaces.

On July 23, 2025, the City advertised IFB 202526-01B requesting bids for Asphalt Concrete Patching and Slurry Seal Type II Application On-Call Services in accordance with PCC requirements. Three bids were received by the deadline and are summarized in the table below.

Table 1: Bids Received (rejected by Council on Oct. 1, 2025) Bidder Bid
QA Constructors, Inc. $2,556,414
Arrow Drillers, Inc.,/DBA Arrow Construction $2,588,456 Witbro, Inc. DBA Seal Rite Paving and Grading $3,315,958 A detailed bid review process confirmed that several line items included in the Scope of Work did not align with the City’s typical on-call service needs. Based on this evaluation, staff requested D-3

RETURN TO AGENDA
that Council reject the bids from the initial IFB solicitation to allow refinement of the scope and removal of non-essential line items. This refinement did not change the core work anticipated or the intended services to be performed. Council approved the rejection of the first round of IFB bids at the October 1, 2025 Council meeting with the understanding that the solicitation would be revised and reissued. This item now brings forward the resulting rebid for award consideration.

DISCUSSION:

On October 24, 2025, the City readvertised IFB 202526-01B soliciting bids for Asphalt Concrete Patching and Slurry Seal Type II Application On-Call Services in accordance with the California Public Contract Code (PCC) and the City’s purchasing policy. The solicitation sought competitive unit price bids for the provision of on-call repair and maintenance services, including permanent asphalt-concrete patching and slurry seal Type II application, to address roadway maintenance needs throughout the City.

The contractor will provide on-call roadway surface restoration services including:
 Permanent asphalt-concrete patching for sewer, water, and other utility trench cuts  Removal of temporary backfill materials, excavation to specified depth, compaction, and full-depth replacement
 Restoration of failed asphalt pavement areas in streets and alleyways  Slurry Seal Type II surface treatment to address weathering, cracking, and surface deterioration
 Surface preparation, including cleaning, crack sealing, and base repairs as needed prior to slurry placement
 Compliance with City standards, industry specifications, and traffic control requirements The City received four bids by the November 21,2025 deadline; these bids are summarized in Table 2 below.

Table 2: Bids Received (this item)
Bidder Bid
QA Constructors, Inc. $2,808,250
Witbro, Inc. DBA Seal Rite Paving and Grading $3,260,170 Arrow Construction $3,921,008
Dawson-Mauldin $4,686,379
It is important to note the total bid amount shown for each respondent reflects the sample scenario pricing provided in the bid documents. This approach was used solely to determine the lowest responsive and responsible bidder and does not represent an actual commitment by the City to purchase all listed line items.

Due to the nature of on-call repair work, the City will not expend the full bid package total.

Instead, services will be issued on an as-needed, unit-price basis, and only specific line items will be utilized throughout the contract term. This ensures that the City pays only for actual work performed, while still benefiting from competitively established unit pricing for all authorized repair types.

QA Constructors was determined to have the lowest responsive and responsible bid. QA Constructors is based out of San Francisco Bay Area and has extensive experience delivering asphalt pavement rehabilitation and trench restoration work for public agencies, including roadway segments, utility cuts, and on-call patching assignments similar in scale and conditions to those required by the City. Their portfolio reflects long-term specialization in asphalt maintenance, trench restoration, and slurry seal application.

FINANCIAL IMPACT:

This project is fully allocated in the current Fiscal Year Budget as follows:
 $916,480 – Streets Maintenance & Operations Fund
o Alleyway Paving: This work involves converting existing dirt or deteriorated alleyways into permanent asphalt surfaces. The improvements enhance drivability, reduce ongoing maintenance needs, improve drainage and stormwater flow, and provide safer and more reliable access for refuse collection, utility services, and emergency vehicles. Permanent alley surfacing also reduces long-term operational costs associated with repeated grading and temporary repairs.
o 10x10 Pavement Restoration Program: Under this program, City staff will identify areas of roadway that need to be rehabilitated.
 $150,000 – Water Maintenance & Operations Fund
o Street Patch Repair: These repairs address asphalt disturbances caused by water line failures. When crews respond to a leak or service break, temporary cold-mix asphalt is placed to restore the surface until a permanent fix can be completed.

This funding supports the removal of temporary patches, the preparation of the subgrade, and the installation of permanent asphalt to restore the roadway to its proper structural condition. Permanent patching improves roadway safety, reduces liability exposure, and ensures long-term durability after utility-related excavations.

The total allocation between these two funds is $1,066,480 with no impact to the General Fund.

ALTERNATIVES:

As an alternative, Council may reject the bids received and readvertise the project for a third time.

ATTACHMENTS:

1. Resolution

2. Construction Agreement - IFB 202526-01B Fiscal Year 2025/2026 Asphalt-Concrete Patching & Slurry Seal Type II Application On-Call Services Rebid a. Exhibit A - Bid Schedule
b. Exhibit B – Insurance Requirements

3. Invitation for Bids No. 202526-01B
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AWARDING THE CONTRACT FOR ASPHALT CONCRETE PATCHING AND

SLURRY SEAL TYPE II APPLICATION ON-CALL SERVICES TO QA
CONSTRUCTORS, INC. AND AUTHORIZING A NOT-TO-EXCEED AMOUNT OF $1,066,480
WHEREAS, the City of Madera solicits competitive bids for annual roadway trench restoration, asphalt patching, and slurry seal services necessary to support sewer, water, utility repair, and street maintenance operations; and
WHEREAS, the City advertised IFB 202526-01 on July 23, 2025, and received three bids by; and
WHEREAS, staff analysis determined that certain line items in this solicitation were nonessential to the City’s primary scope of roadway restoration work, leading the City Council on October 1, 2025, to reject all bids to refine, reduce, and clarify the scope of work; and WHEREAS, the City reissued the solicitation as IFB 202526-01B on October 24, 2025, and QA Constructors, Inc. again submitted the lowest responsive and responsible bid; and WHEREAS, staff has reviewed QA’s qualifications, pricing, and experience, and determined that QA is capable of performing the required services in accordance with project standards; and
WHEREAS, sufficient funding for the work has been appropriated in the FY 2025/26 budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA DOES RESOLVE AS FOLLOWS:

1. The above recitals are true and correct.

2. The City Council of the City of Madera hereby accepts the bid received for this Invitation for Bids and finds QA Constructors, Inc., has submitted the lowest bid, and awards the Agreement for Goods and Services for Invitation for Bid (IFB) 202526-01B Asphalt Concrete Patching and Slurry Seal Type II Application On- Call Services to QA Constructors Inc. for the not-to-exceed amount of $1,066,480, which is attached hereto as Exhibit A and incorporated herein.

3. This resolution is effective immediately upon adoption. * * * * *
ATTACHMENT 2

CONSTRUCTION AGREEMENT
IFB 202526-01B Fiscal Year 2025/2026 Asphalt-Concrete Patching & Slurry Seal Type II Application On-Call Services Rebid
This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and QA Constructors, Inc., 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 202526-01B Fiscal Year 2025/2026 Asphalt-Concrete Patching & Slurry Seal Type II Application On-Call Services 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 and will complete the same within 30 calendar days per assigned location. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $1,066,480, 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 December 17, 2025, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through ___, 2026, unless otherwise terminated earlier by one of the parties pursuant to Section 21 of this Agreement. The term may be extended by the City Manager in writing, if extension limited to term only, and if mutually agreed to at least 90 days in advance of expiration, for a period not to exceed one (1) additional one-year extension. An extension which includes compensation modifications will be submitted to the Council for approval.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, the sum not to exceed $1,066,480 payment for the WORK described in the CONTRACT DOCUMENTS based sole on the unit prices set forth in Exhibit A. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted, multiplied by the applicable unit prices. Any adjustments for changes in the WORK must be authorized in writing by OWNER.

Exhibit A. Contract Documents. The CONTRACTOR shall commence and complete all WORK as outlined in the Invitation for Bids (IFB 2026-01B Exhibit B.

Exhibit C.

Insurance Requirements for Contractors as Specified in IFB IFB 202526-01B Fiscal Year 2025/2026 Asphalt-Concrete Patching & Slurry Seal Type II Application On-Call Services 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 FIVE HUNDRED EIGHTY-FIVE DOLLARS ($585.00) 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.
1) 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:
a) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by Owner under this Contract. b) 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.
c) Payment of an amount that is disputed by the Owner.
2) 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. 3) 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.
4) 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. 5) 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. 6) 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.
7) 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.
8) 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.
9) Interest:

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
10) 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. 11) 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.

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:

Quinto Allende
QA Constructors, Inc.
29393 Pacific Street
Hayward, CA 94544
All notices and communications from CONTRACTOR 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: _________________________________
Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
ATTEST:
____________________________________
Alicia Gonzales, City Clerk
QA CONSTRUCTORS, INC. (CONTRACTOR)
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
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)
Bid Schedule
The following Bid Schedule lists the items necessary to complete the work. Work performed under this agreement shall be provided on a time and materials, as-needed basis, in accordance with the Scope of Work identified in the Invitation for Bids (IFB). Compensation shall be based on the unit prices submitted by the contractor and reflected in the unit price Bid Schedule table shown below, which includes time and services, as authorized by the City.

All work shall be performed only when requested by the City and in quantities determined by the City.

Total compensation under this agreement shall not exceed $1,066,480, unless otherwise amended and approved by the City Council.

BID SCHEDULE A
ITEM
NO.

ITEM

DESCRIPTION

UNIT OF

MEASURE
(A)
APPROX

QTY PER

PROJECT
(B)
UNIT
PRICE
(E)

1. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 000-
499 SF (Including up
to 20 LF of Striping
and Traffic Control)
SF 80

2. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 500-
699 SF (Including up
to 40 LF of Striping
and Traffic Control)
SF 600

3. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 700-
999 (Including up to
75 LF of Striping and
Traffic Control)
SF 850

4. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 1,000-
19,999 (Including
up to 100 LF of
Striping and Traffic
Control)
SF 1,000

5. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 20,000-
100,000 (Including
up to 500 LF of
Striping and Traffic
Control)
SF 100,000

6. Saw Cutting LF 10,000

35.00 13.00

16.00 10.00

7.15 5.00

EXHIBIT A

INCLUDE THIS PAGE WITH BID

7. Slurry Seal Type II
Application, 50,000-
100,000 (Including
up to 500 LF of
Striping and Traffic
Control)
SF 100,000

8. Water-Borne SingleLine Striping in
Excess of What is
Included in Patching
Costs
LF 100

9. Water-borne
Double-Line Striping
in Excess of What is
Included in Patching
Costs
LF 100
TOTAL 1 THROUGH 9, INCLUSIVE: $ __ ______________________________ Total Amount of Bid (in words) is ___________________ Dollars and ____ ___ Cents.

In case of discrepancy between words and figures, the words shall prevail.

If this bid proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Awarding Authority, with seven (7) days after the award of the contract, the Awarding Authorities, at its option, may determine that the BIDDER has abandoned the contract, and thereupon this bid proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this bid proposal shall operate and the same shall be the property of the OWNER.

DATE

COMPANY NAME

STREET ADDRESS

CITY/STATE/ZIP

PHONE NUMBER
EMAIL

PERSON PREPARING BID
TITLE

SIGNATURE
CITY OF MADERA BUS. LIC. NO.

CA CONTRACTOR’S LIC. NO. & CLASS
DIR REGISTRATION NO. & WORK CLASSIFICATION
Attest
(Seal if bid is by a corporation)
IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services - REBID Addendum No. 1, Page 3 of 3
11/24/2025
QA Constructors Inc.
29393 Pacific St
Hayward, CA 94544
415-340-7283
[email protected]
Quinto Allende
Estimator
TBD
1013265, A - General Engineering
1000047727

1.00 5,000.00
5,000.00
two million eight hundred eight thousand two hundred fifty dollars 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 policiesshall 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.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed underthis Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsementin favor ofthe City, its officers, agents, employees, and volunteers.

Maintenance of Coverage
Contractor 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 Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Contractor 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.

EXHIBIT B
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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 Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor 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)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor 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, orto the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

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

Timely Notice of Claims
Contractorshall give the City prompt and timely notice of claimsmade orsuitsinstituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

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Additional Insurance
Contractor 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.

Invitation for Bid
No. 202526-01B
for
Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid
Date Released: October 24, 2025
City of Madera
Public Works
Bids are due prior to 4:00pm, November 24, 2025
Attachment 3
Table of Contents
NOTICE OF INVITATION FOR BID...................................................................................................................3 Introduction ..................................................................................................................................................3 Description of Work......................................................................................................................................3 Terms ............................................................................................................................................................3 Bid Submittal Date (Close date)....................................................................................................................3 Bidder Questions...........................................................................................................................................4 Pre-Bid Meeting ............................................................................................................................................4 Instructions to Bidders..................................................................................................................................4 Required Contractors Licenses .....................................................................................................................4 Bonding Requirements .................................................................................................................................5 Prevailing Wages...........................................................................................................................................5 Bid Protest Procedures .................................................................................................................................5 Scope of Work...............................................................................................................................................7 Bidder Checklist ..........................................................................................................................................12 Bid Proposal Form.......................................................................................................................................13 Bid Schedule................................................................................................................................................14 Subcontractor Listing ..................................................................................................................................16 Certification.................................................................................................................................................17 Noncollusion Affidavit.................................................................................................................................18 Public Contract Code...................................................................................................................................19 Equal Employment Opportunity Certification ............................................................................................20 California Air Resources Board (CARB) Off-Road Diesel Fleet Compliance (DOORS Certification) ............21 Disclosure of Conflict of Interest ................................................................................................................22 Bid Bond......................................................................................................................................................23 Payment Bond.............................................................................................................................................24 Performance Bond......................................................................................................................................26 Standard Specifications And Plans..............................................................................................................28 General and Special Conditions..................................................................................................................28 Information for Bidders ..............................................................................................................................28 Insurance Requirements for Contractors ...................................................................................................30 Attachments................................................................................................................................................33

NOTICE OF INVITATION FOR BID
Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid
Invitation for Bid (IFB) No. 202526-01B
Introduction
Pursuant to California Public Contract Code (PCC) §22000 et seq., the City of Madera (“City”) hereby seeks bids in response to this Invitation for Bid No. 202526-01B for Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid. The contract will be awarded to the lowest responsive, responsible bidder.

Description of Work
The City is in need of an on-call contractor for permanent Asphalt-Concrete patching services for the repair of small to large service trenches and failed asphalt areas, as well as Slurry Seal Type II application. The latter are estimated at 7,000 to 100,000 square feet. Repairs will address:
 Areas impacted by sewer and water infrastructure trenches  Deteriorated asphalt in streets and alleyways throughout the City Based on prior years, the City estimates the following expenditures for Fiscal Year 2025-2026:

A. Asphalt-Concrete patching services for repair of sewer, water, and other similar small to large service trenches: $150,000
B. Failed asphalt areas (general streets): $500,000
C. Failed asphalt areas in alleyways: $400,000
These figures are provided for informational purposes only and do not represent a guarantee of actual work volume or contract value. Actual expenditures may vary based on funding availability, project priorities, and the scope of future infrastructure improvements. For additional information please refer to the section titled “Scope of Work” of this IFB.

Terms
A one-year contract.

By mutual written agreement by the City and the contractor, the contract term may be extended for an additional year. Terms are defined in the Sample Agreement included as Attachment A. At the time of extension, City shall advise contractor of estimated budgetary appropriations for the term of the extension.

Bid Submittal Date (Close date)
Electronic bids will be accepted on City bid forms provided by the City, until the time and date listed below.

IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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All bids must be submitted through the City’s PlanetBids vendor portal no later than 4:00pm on November 24, 2025, at https://pbsystem.planetbids.com/portal/54016/portal-home.

Bidder Questions
Any questions related to this IFB shall be submitted through the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home no later than 5:00pm on November 7, 2025.

No oral or emailed question or inquiry about this IFB shall be accepted. No questions or inquiries should be directed to any individual(s) at the locations detailed in this document. All communications must be submitted in writing per the process described in this document.

Pre-Bid Meeting
There is no pre-bid meeting scheduled for this IFB.

Instructions to Bidders
Top view or obtain a copy of this IFB by visiting or contacting any of the following:

City of Madera PlanetBids Vendor Portal
Website: https://pbsystem.planetbids.com/portal/54016/portal-home Construction Bidboard (Ebidboard), Phone: 800-479-5314
Website: www.ebidboard.com
Dodge Data & Analytics, Phone: 877-784-9556
Website: www.construction.com
Placer County Contractors Association & Builders Exchange, Phone: 916-771-7229 Website: www.pccamembers.com
Builders’ Exchange of San Joaquin, Phone: 209-478-1000
Website: http://www.bxsj.org
Central California Builders Exchange, Phone: 559-237-1831 Website: http://cencalbx.com/
Valley Builders Exchange. Phone: (209) 522-9031
Website: www.valleybx.com
Required Contractors Licenses
Each Bidder shall be a licensed contractor pursuant to the California Business and Professions Code §7028.15 and California Public Contract Code §3300 and shall be licensed in the following classification as required by the scope of work: Class A, General Engineering Contractor, or C-12, Earthwork & Paving Contractors License. Any Bidder not meeting the license requirement(s) following the bid opening will be rejected as nonresponsive. All Bidder’s license(s) must be active and in good standing at the time of the bid opening and must remain so throughout the term of the Contract.

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Per Labor Code §1771.1, a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on this project unless registered and qualified under Labor Code §1725.5.

Bonding Requirements
Bid security required in the amount of ten percent (10%) of the amount of the bid, and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance and certified by the US Bureau of Fiscal Service to conduct business within the state of California, cash, cashier's check, or certified check shall accompany the bids. Bid securities shall be made in favor of the City of Madera.

Payment Bond equal to one hundred percent (100%) of the Bid Security are required within 7 days of the Notice of Intent to Award on all projects valued at $25,000 and above.

Performance Bond equal to one hundred percent (100%) of the Bid Security are required within 7 days of the Notice of Intent to Award on all projects valued at $100,000 and above.

All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure section 995.120.

Prevailing Wages
The project is a public works project subject to California Labor Code §1770 et seq., The Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this contract. Per Diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes.

The California DIR Public Works Contractors website is: http://www.dir.ca.gov/PublicWorks/Contractors.html. The rate of prevailing wage for any craft, classification, or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted.

It shall be mandatory upon the selected contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this contract. Contractor shall post on site all required job site notices as prescribed by law or regulation.

Bid Protest Procedures
Any actual or prospective bidder, offeror, or contractor may protest an IFB to the City’s Procurement Services Manager and/or Director of Financial Services by submitting a written appeal within five (5) working days of knowing or reasonably should have known the facts giving rise to the protest, sent via email to [email protected], or mail to Jennifer Stickman, 205 W. 4th Street, Madera, CA 93637, addressing specific issues such as bid contradictions or procurement errors. The Procurement Services Manager and/or Director of Financial Services have the authority to resolve such protests and will provide a written response within five (5) working days unless more time is needed; if the protester is IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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unsatisfied, they may appeal to the City Manager within five (5) business days, and then to the City Council as a final appeal, where they may be heard. While protests generally halt solicitation proceedings, the City may proceed if the Procurement Services Manager and/or Director of Financial Services determine it's necessary to protect a substantial City interest, and to deter frivolous protests, those who file two (2) unsuccessful protests within twelve (12) months may face debarment from future bids.

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Scope of Work
The City is in need of permanent Asphalt-Concrete (A/C) patching services for the repair of sewer, water, and other similar small to medium-service trenches, as well as failed asphalt areas in streets and alleyways throughout the City. The City is also in need of slurry seal type II application on various roadways throughout the City to repair weathered and alligator cracking.

The contractor must comply with all safety requirements as set forth in the latest editions of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), as well as the MUTCD California Supplement.

All generally assigned work must be completed within 30 calendar days of notification of assignment from the Public Works Department. The City’s Streets & Storm Drainage Operations Manager will be the point of contact between the City and Contractor. While there is no fixed schedule, the contractor will receive lists of areas to be patched on an as-needed basis and may establish their own work schedule based on the scope of each assignment. The contractor is required to notify the Streets and Storm Drainage Operations Manager of their planned schedule to allow for coordination and City inspection of the work upon completion.

Asphalt-Concrete Patching
Contractor’s bid price for this item shall include all costs including but not limited to labor, materials, taxes, mobilization, de-mobilization, permits, testing, certifications, and other fees necessary for the Contractor to perform the work.

A. All work to be done to City Standards. Standard Specifications and Standard Drawings are available online at:
https://www.madera.gov/business-building-development/engineering/standard-drawingsspecifications/ B. All permanent repairs require saw cutting when applicable, removing materials to a minimum sixinch depth, compacting/stabilizing and full depth A/C repairs. Any situation necessitating a variation from these requirements would be at the direction of authorized personnel within the City’s Public Works Department.

C. The successful bidder shall request an Underground Service Alert (USA) on all repair sites at least two days prior to beginning work.

D. All expenses associated with materials and work related to this project, including either SS-1H or CQS-1H Fog Seal 50/50 mix, removal and disposal of existing pavement, clean-up, traffic control, advanced warning and construction barricades and signing, shall be included in your bid.

E. When permanent asphalt patching is required for an area that has had a utility repair such as a water or sewer line repair, the repair will already have been completed by the City or other utility.

The trench or patch area that requires the permanent A/C will have been filled in with either base rock or cold patch material temporarily which would have to be removed to the correct depth to complete the final repair. In this case, traffic control would need to be provided for final repair only. Extra saw cutting may be required if there was damage to repair area prior to final phase of IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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work. Note this requirement does not apply when completing the repair for a failed area not covered under a utility repair.

Slurry Seal Type II Application
Contractor’s bid price for this item shall include all costs, including but not limited to labor, materials, taxes, mobilization, de-mobilization, permits, testing, certifications, and other fees necessary for the Contractor to perform the work.

All work shall comply with the latest edition of the International Slurry Surfacing Association (ISSA) Guidelines, American Public Works Association (APWA) standards, and California Department of Transportation specifications for slurry seal applications. The Contractor shall be responsible for all traffic control, notifications, and safety measures required to complete the work.

A. The asphalt emulsion shall be a quick-setting, cationic type CSS-1h or CQS-1h emulsion and shall conform to the requirements of ASTM D2397 or AASHTO M208. The emulsion shall be polymer modified with a minimum of 3% polymer by weight of asphalt cement. The asphalt content of the emulsion shall be a minimum of 57% by weight. The emulsion shall be compatible with the aggregate, filler, and additives.

B. The mineral aggregate shall consist of 100% crushed stone such as granite, slag, limestone, or other high-quality aggregate. The aggregate shall be clean, angular, durable, well-graded, and free from vegetable matter, clay balls, and other deleterious substances. The aggregate shall meet Type II gradation requirements as specified by ISSA A105:

Sieve Size Percent Passing
3/8" (9.5 mm) 100
No. 4 (4.75 mm) 90-100
No. 8 (2.36 mm) 65-90
No. 16 (1.18 mm) 45-70
No. 30 (600 μm) 30-50
No. 50 (300 μm) 18-30
No. 100 (150 μm) 10-21
No. 200 (75 μm) 5-15
C. The aggregate shall have a sand equivalent value of not less than 65 when tested in accordance with ASTM D2419 and shall have a minimum Durability Index of 65.

D. Mineral filler shall be Portland cement, hydrated lime, limestone dust, fly ash, or other approved filler meeting the requirements of ASTM D242. The mineral filler shall be free of lumps and foreign matter.

E. Water shall be potable and free from harmful soluble salts.

F. The Contractor shall submit a mix design prepared by a qualified laboratory for approval by City at least 14 calendar days prior to the start of work. The mix design shall include the source and percentage of each individual material, aggregate gradation, percentage of asphalt emulsion (based on dry weight of aggregate), percentage of water (based on dry weight of aggregate), percentage of mineral filler (based on dry weight of aggregate), percentage of additives (if used), IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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and field control tolerances for the individual materials. Additives may be used to modify the break-set time of the slurry or to improve the resulting finished surface. The use of additives shall be in quantities specified in the mix design.

G. The mix design shall meet the following requirements: minimum asphalt content of 7.5% by dry weight of aggregate; residual asphalt content of minimum 5.5% by dry weight of aggregate; ISSA TB-139 Wet Cohesion of 12 kg-cm within 30 minutes (minimum) and 20 kg-cm within 60 minutes (minimum); ISSA TB-114 Wet Stripping of Pass (90% minimum); ISSA TB-100 Wet Track Abrasion Loss of 50 g/ft² maximum (1-hour soak) and 75 g/ft² maximum (6-day soak); ISSA TB-144 Classification Compatibility of 11 grade points minimum (AAA, BAA); and ISSA TB-113 Mix Time of controllable to 180 seconds minimum at 77°F. The mix design shall have a minimum stability of 8 minutes at the maximum expected pavement temperature during application.

H. The slurry seal shall be mixed and applied with a self-propelled machine specifically designed and manufactured to apply slurry seal. The machine shall be a continuous flow mixing unit capable of accurately delivering and proportioning the aggregate, emulsion, mineral filler, additives, and water to a revolving mixer. The machine shall be equipped with a water pressure system and nozzle-type spray bar to provide a water spray ahead of and outside the spreader box when required. The mixer shall be capable of thoroughly blending all ingredients together without violent agitation.

I. The spreader box shall be equipped with flexible material in contact with the pavement surface to prevent loss of slurry from the box. The box shall have suitable means to side-shift to compensate for variations in pavement geometry. The rear flexible strike-off blade shall make close contact with the pavement and shall be capable of being adjusted to the various crown shapes to apply a uniform seal coat. Secondary strike-off blades shall be provided to minimize transverse ripples in the finished surface. The spreader box shall be clean and free of slurry seal and emulsion at the start of each work shift.

J. Power brooms, power blowers, air compressors, water flushing equipment, and hand tools shall be provided as necessary to perform the work.

K. The Contractor shall thoroughly clean all surfaces to be slurry sealed by removing all vegetation, loose materials, dirt, mud, and other objectionable materials. Utility covers, monument covers, manhole covers, water valve covers, and other service entrances shall be protected from the slurry seal by placing plastic or building paper over the covers.

L. Thermoplastic traffic markings, raised pavement markers, and other existing pavement delineation that may interfere with the slurry seal application shall be removed as directed by the City’s Streets and Storm Drainage Operations Manager. Cracks wider than 1/4 inch shall be sealed with an approved crack sealant at least 7 days prior to the application of the slurry seal.

M. Areas of severely raveled pavement, potholes, or other areas with pavement failure shall be repaired prior to the application of the slurry seal as directed by the City’s Streets and Storm Drainage Operations Manager. The surface shall be pre-wetted by fogging ahead of the spreader box if required by local conditions. The rate of application of the fog spray shall be adjusted during the day to suit temperatures, surface texture, humidity, and dryness of the pavement.

N. The slurry seal shall not be applied if either the pavement or air temperature is below 55°F (13°C) IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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and falling, or during unsuitable weather conditions such as rain or fog. The slurry seal mixture shall be of the desired consistency upon leaving the mixer and no additional elements shall be added. A sufficient amount of material shall be carried in all parts of the spreader at all times so that complete coverage is obtained.

O. The application rate shall be between 10-15 pounds of dry aggregate per square yard, as determined by the mix design and approved by the City’s Streets and Storm Drainage Operations Manager. No lumping, balling, or unmixed aggregate shall be permitted. No segregation of the emulsion and aggregate fines from the coarse aggregate will be permitted. Aggregate shall be Black Basalt in color as supplied by George Reed Table Mountain Quarry, or City-approved equivalent.

P. Longitudinal joints shall be placed on lane lines wherever possible and shall be overlapped by 2-4 inches. The Contractor shall ensure straight lines along curbs and shoulders and at intersections and crosswalks. Transverse joints shall be constructed by placing building paper across the width of the pavement. Once the slurry has been placed on the building paper and spread forward, the paper shall be removed and the slurry adjacent to the joint shall be smoothed with squeegees.

Joint ridges to be removed. Post sweeping to be done upon curing with a final sweeping performed after two weeks.

Q. Hand squeegees shall be used to spread slurry in areas not accessible to the slurry mixer. Care shall be exercised in leaving no unsightly appearance from handwork. The finished surface shall have a uniform texture free from excessive scratch marks, tears, R. The finished surface shall have a uniform texture free from excessive scratch marks, tears, or other surface irregularities. Tear marks in excess of 1/2 inch wide and 4 inches long, or 1 inch wide and 3 inches long, shall be considered excessive. No more than four tear marks per 50 square yards shall be allowed. The Contractor shall remove and replace any unsatisfactory areas at no additional cost to City.

S. If specified by the City’s Streets and Storm Drainage Operations Manager, the surface shall be rolled with a self-propelled, 10-ton (maximum) pneumatic-tired roller equipped with a water spray system. Rolling shall commence only after the slurry seal has cured sufficiently to avoid damage by the roller. Areasthat cannot be accessed by the roller shall be rolled with a hand roller or other approved method.

T. The Contractor shall provide all necessary traffic control in accordance with the Manual on Uniform Traffic Control Devices (MUTCD), California Department of Transportation requirements, and City standards. The Contractor shall notify all affected residents, businesses, and agencies of the proposed work schedule at least 72-hours prior to the start of work. Notification shall be in the form of door hangers or other approved method.

U. The Contractor shall maintain access to all driveways, businesses, and residences during the project. Traffic shall not be permitted on the slurry seal until it has cured sufficiently to prevent pickup by vehicle tires. The Contractor shall be responsible for all traffic control until the material has cured. The Contractor shall provide temporary pavement markings as necessary until permanent markings can be installed by the contractor.

V. The slurry seal shall not be applied when the air temperature is below 55°F (13°C) and falling, or IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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above 100°F (38°C); when the pavement temperature is below 55°F (13°C); when rain is imminent or falling; when there is the possibility of the finished product freezing within 24 hours of application; or when weather conditions prolong opening to traffic beyond a reasonable time.

W. The Contractor shall perform quality control sampling and testing during the project as follows:

Asphalt emulsion shall have a Certificate of Compliance from supplier for each load delivered; aggregate gradation shall be tested once per 500 tons of aggregate; sand equivalent shall be tested once per 500 tons of aggregate; extraction test for asphalt content shall be performed once per day of operation; and application rate checks shall be conducted three times per day of operation.

X. The City reserves the right to sample and test any of the materials at any time during the project.

The Contractor shall maintain a daily log of the following information: weather conditions; areas slurry sealed (location and square feet); aggregate used (tons); emulsion used (tons); water used (gallons); additive used (type and amount); dilution ratio of emulsion; application rate (pounds per square yard); and any discrepancies in mix design or application rate.

Y. The slurry seal will be measured by the square foot of completed and accepted work. The contract unit price paid per square foot for slurry seal shall include full compensation for furnishing all costs, including but not limited to labor, materials, tools, equipment, and incidentals, and for doing all the work involved in applying slurry seal, complete in place, including testing, surface preparation, and traffic control, as specified in the Contract Documents and as directed by the City’s Streets and Storm Drainage Operations Manager.

Z. The Contractor shall warrant the work against defects in materials and workmanship for a period of one (1) year from the date of acceptance of the work. Defects shall include, but not be limited to raveling or loss of aggregate; flushing or bleeding of asphalt; rutting, shoving, or distortion of the slurry seal surface; delamination from the existing pavement; and excessive cracking. The Contractor shall repair or replace defective areas at no additional cost to City.

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INCLUDE THIS PAGE WITH BID
Bidder Checklist
SUBMIT THIS BIDDER’S CHECKLIST WITH YOUR BID PROPOSAL. Bidders shall complete and submit all documents marked with an “X” in the “REQUIRED WITH BID SUBMITTAL” column for bids to be considered responsive.

If any Bidder makes any alteration, strike-through, or otherwise deviates from any of the bid forms provided herein or makes any qualifications of any of the required bid forms in separate documents submitted with the Contractor’s Bid Proposal, the Bid Proposal may be considered non-responsive.

REQUIRED WITH BID SUBMITTAL
[X] 1. BID PROPOSAL FORM
[X] 2. BID SCHEDULE A
[X] 3. SIGNATURE PAGE
[X] 4. SUBCONTRACTOR LISTING (In excess of 1/2 of 1%)
[X] 5. BID DEPOSIT (ELECTRONIC SCANNED COPY) attached to front of Proposal in the form of:
[ ] Certified Check [ ] Bidder’s Bond (submitted on form in this IFB) [ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit
[X] 6. CERTIFICATION (Comptroller General’s List)
[X] 7. NONCOLLUSION AFFIDAVIT
[X] 8. PUBLIC CONTRACT CODE
[X] 9. EQUAL EMPLOYEMENT OPPORTUNITY CERTIFICATION
[X] 10. CALIFORNIA AIR RESOURCES BOARD (CARB) OFF-ROAD DIESEL FLEET

COMPLIANCE (DOORS CERTIFICATION)
[X] 11. DISCLOSURE OF CONFLICT-OF-INTEREST FORM
[X] 11. ADDENDA – Signature page of all Addenda issued

SUBMIT NO SOONER THAN ELECTRONIC BID SUBMITTAL DATE AND TIME, AND NO LATER THAN 4:00 P.M. ON THE 3RD BUSINESS DAY AFTER BID OPENING:
[X] LETTER FROM BIDDER THAT BIDDER WILL PERFORM NOT LESS THAN 30% OF THE TOTAL NET BID AMOUNT (ORIGINAL CONTRACT PRICE), excluding specialty items designated by the City on the bid proposal to be submitted via email to [email protected] no sooner than bid submittal date and time, and no later than three business days from the date of the bid opening. [X] COMPLETE BID AND ALL REQUIRED FORMS AS UPLOADED TO PLANETBIDS (HARD COPY ORIGINAL delivered to ATTN: Jennifer Stickman, City of Madera, 205 East 4th Street, Madera, Ca 93637)
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INCLUDE THIS PAGE WITH BID
Bid Proposal Form
Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services
Bid proposal of ____________________________ (hereinafter called “BIDDER”), organized and existing under the laws of the State of _________________, doing business as (an individual), or (a partnership), or (a corporation), to the City of Madera (hereinafter called “OWNER”):

In compliance with your advertisement for Bids, BIDDER hereby proposes to perform all work required for “Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services” in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

BIDDER hereby agrees to commence work under this Contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete each general assignment within the PROJECT in thirty (30) Calendar Days.

BIDDER further agrees to pay as liquidated damages, the sum of $585 for each consecutive calendar day thereafter, as provided in Section 1-17 of the General Conditions.

BIDDER acknowledges receipt of the following ADDENDA:

No. ______, dated ____________________, 2025
No. ______, dated ____________________, 2025
No. ______, dated ____________________, 2025
The undersigned, as BIDDER, declares that the only persons, or parties interested in this bid proposal as principals are those named herein; that this bid proposal is made without collusion with any other person, firm or corporation; that the BIDDER has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plan therein referred to; and he proposes and agrees if this bid proposal is accepted, that the BIDDER will contract with the City of Madera to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed and according to the requirements of the OWNER as therein set forth, and that he will take in full payment therefor the following prices, to wit:

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INCLUDE THIS PAGE WITH BID
Bid Schedule
The following Bid Schedule lists the items necessary to complete the work. Each item is all inclusive and must include the total cost of labor and materials necessary to complete the work. Bidder will fully complete the schedule including the amount in words of EACH ITEM. If the unit price of any item is inconsistent with the amount in words, the amount in words shall prevail. Quantities listed are approximate and provided solely for the purpose of determining the lowest bid. Actual payment will be based on the quantities ordered and received by the City, which may be more or less than the approximate quantities listed here.

BID SCHEDULE A
ITEM
NO.

ITEM

DESCRIPTION

UNIT OF

MEASURE
(A)
APPROX

QTY PER

PROJECT
(B)
APPROX
NUMBER
OF

PROJECTS
(C)
APPROX
QTY
(D)
UNIT
PRICE
(E)

EXTENDED
AMOUNT
(DxE)

1. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 000-
499 SF (Including up
to 20 LF of Striping
and Traffic Control)
SF 80 10 800

2. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 500-
699 SF (Including up
to 40 LF of Striping
and Traffic Control)
SF 600 40 24,000

3. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 700-
999 (Including up to
75 LF of Striping and
Traffic Control)
SF 850 125 6,250

4. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 1,000-
19,999 (Including
up to 100 LF of
Striping and Traffic
Control)
SF 1,000 4 4,000

5. Asphalt-Concrete
Patching plus CQS1H Fog Seal, 20,000-
100,000 (Including
up to 500 LF of
Striping and Traffic
Control)
SF 100,000 1 100,000
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6. Saw Cutting LF 10,000 1 10,000

7. Slurry Seal Type II
Application, 50,000-
100,000 (Including
up to 500 LF of
Striping and Traffic
Control)
SF 100,000 2 200,000

8. Water-Borne SingleLine Striping in
Excess of What is
Included in Patching
Costs
LF 100 N/A 1 N/A

9. Water-borne
Double-Line Striping
in Excess of What is
Included in Patching
Costs
LF 100 N/A 1 N/A
TOTAL 1 THROUGH 9, INCLUSIVE: $ ____________________________________________ Total Amount of Bid (in words) is ___________________ Dollars and ____________ Cents.

In case of discrepancy between words and figures, the words shall prevail.

DATE

COMPANY NAME

STREET ADDRESS

CITY/STATE/ZIP

PHONE NUMBER
EMAIL

PERSON PREPARING BID
TITLE

SIGNATURE
CITY OF MADERA BUS. LIC. NO.

CA CONTRACTOR’S LIC. NO. & CLASS
DIR REGISTRATION NO. & WORK CLASSIFICATION
Attest
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(Seal if bid is by a corporation)

INCLUDE THIS PAGE WITH BID
Subcontractor Listing
The following named subcontractors(s) will perform with labor, or otherwise render services to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent of the total BID presented herewith or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime Contractor’s total BID. Use subcontractor’s business name style as registered with the License Board.

Name, location, and description of work as required by Section 4104 of the California Public Contract code.

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Subcontractor:

Business Address:

CSLB No. & Classification:

DIR No. & Classification:

Item No. or Description of Work:

Dollar Amount or Percentage of Total Bid:

Duplicate this form as necessary.

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INCLUDE THIS PAGE WITH BID
Certification
The Bidder certifies under penalty of perjury under the laws of the State of California that his/her business or the corporation is not listed on the Comptroller General's list of ineligible bidders/contractors.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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INCLUDE THIS PAGE WITH BID
Noncollusion Affidavit
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of MADERA
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Bidder
Signature
Name
Title
Dated
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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Public Contract Code
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985) the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder has _____, has not _____ been convicted within the preceding three years of any offences referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note. The Bidder must place a check mark after “has” or “has not” in one of the blank spaces provided above. The above Statement is part of the bid proposal.

Public Contract Code Section 10162 Questionnaire
In accordance with the Public Contract Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the Bidder, any officer, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation.

Yes _____ No _____
If the answer is Yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In accordance with Public Contract Section 10232, the Bidder, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court has been issued against the Bidder within the immediately preceding two (2) year period because of the Bidder’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the bid proposal. Signing this bid proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false Certification may subject the certifier to criminal prosecution.

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Equal Employment Opportunity Certification
The bidder ____________________________________________________________ , proposed subcontractor____________________________________________, hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause.

Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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California Air Resources Board (CARB) Off-Road Diesel Fleet Compliance (DOORS Certification) All contractors and subcontractors utilizing off-road diesel-fueled vehicles with 25 horsepower or greater, or most two-engine vehicles, on this public works project in California shall be in full compliance with the California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets Regulation (California Code of Regulations, Title 13, Section 2449 et seq.).

Effective January 1, 2024, prime contractors and public works awarding bodies are required to obtain and retain a fleet's valid Certificate of Reported Compliance from CARB's Diesel Off-Road Online Reporting System (DOORS) prior to awarding or entering into a contract for work on public works projects involving the use of such vehicles.

Bidders shall provide a copy of their firm's (and any proposed subcontractors') current and valid CARB "Certificate of Reported Compliance" for their off-road diesel fleet(s) with their bid proposal.

The City reserves the right to verify the authenticity and validity of all submitted Certificates of Reported Compliance through the CARB DOORS system at http://www.arb.ca.gov/doors/compliance_cert1.html or by contacting the CARB DOORS Hotline.

The awarded Contractor shall maintain continuous compliance with all CARB Off-Road Diesel-Fueled Fleets Regulations throughout the duration of the contract and shall provide updated Certificates of Reported Compliance to the City throughout the project annually, or upon request, to demonstrate continued compliance.

Failure to provide a valid Certificate of Reported Compliance, or to maintain ongoing compliance, may result in the rejection of the bid, termination of the contract, and/or other penalties as permitted by law.

Exemptions:

If a bidder believes their fleet or operations are exempt from these requirements under CARB regulations (e.g., emergency operations as defined in Title 13 California Code of Regulations Section 2449(c)(18)), they must provide detailed documentation and justification for such exemption with their bid proposal for review and approval by the City.

The Bidder must place a check mark after “Yes”, “No”, or “N/A” in one of the boxes provided below.

DOORS certification included with bid:  Yes  Exempt
 N/A (no applicable vehicles will be used for this
project.

If the answer is Exempt, explain the circumstances in the following space.

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INCLUDE THIS PAGE WITH BID
Disclosure of Conflict of Interest
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.

Explanation:

Signature

(name)

(address)

(city state zip)
□ Additional page(s) attached.

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INCLUDE THIS PAGE WITH BID
Bid Bond
KNOWN ALL MEN BY THESE PRESENT, that we, the undersigned, ___________________________________ as Principal, and ___________________________ as Surety, are hereby held and firmly bound unto _____________________________ as Owner in the penal sum of ____________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this _____ day of ____________________, 2025. The condition of the above obligation is such that whereas the Principal has submitted to _____________________________ a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the “IFB 202526-01B, Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid”

NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates, and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) By_____________________________________
Principal
Surety
By:
(Seal and Notarial Acknowledge of Surety)
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Payment Bond
KNOW ALL MEN BY THESE PRESENTS: that
____________________________________________________________ (Name of Contractor)
____________________________________________________________ (Address of Contractor)
a ____________________________, hereinafter called Principal, and (Corporation, Partnership or Individual)
____________________________________________________________ (Name of Surety)
____________________________________________________________ (Address of Surety)
hereinafter call Surety, are held and firmly bound unto ____________________________________________________________ (Name of Owner)
____________________________________________________________ (Address of Owner)
hereinafter called OWNER, in the penal sum of __
______________ Dollars, ($____________) in lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents, and also by the provisions of Part 2, Title 14, Chapter 2 of the California Code of Civil Procedure (Section 995.010, et seq.) and of Section 3247, et seq. of the California Civil Code.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the __________ day of __________, 2025, a copy of which is hereto attached and made a part hereof for the construction of:
“IFB 202526-01B, Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid”
NOW, THEREFORE, if the Principal shall willingly, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be null and void: otherwise it shall remain in full force and effect.

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PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ________ counterparts, each one of which shall be deemed an original, this the __________ day of ______________, 2025.

ATTEST:_____________________________
Principal
______________________ BY: _____________________________(s) (Principal) Secretary
(Seal)
_______________________ __________________________
(Witness as to Principal) (Address)
_______________________
ATTEST:
________________________ __________________________
(Surety) Secretary (Surety)
(SEAL)
____________________________ BY: _______________________ Witness as to Surety Attorney in Fact
___________________________ ____________________________ (Address) (Address)
___________________________ ____________________________ NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall execute Bond.

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Performance Bond
KNOW ALL MEN BY THESE PRESENTS: that
____________________________________________________________ (Name of Contractor)
____________________________________________________________ (Address of Contractor)
a ____________________________, hereinafter called Principal, and (Corporation, Partnership or Individual)
____________________________________________________________ (Name of Surety)
____________________________________________________________ (Address of Surety)
hereinafter call Surety, are held and firmly bound unto ____________________________________________________________ (Name of Owner)
____________________________________________________________ (Address of Owner)
hereinafter called OWNER, in the penal sum of __
______________ Dollars, ($____________) in lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to work to be performed IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ________ (number)
counterparts, each one of which shall be deemed an original, this the __________ day of ______________, 2025.

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Standard Specifications And Plans
The City of Madera’s Standard Specifications are hereby referred to and incorporated herein as though set forth in full. The Standard Specifications and Standard Drawings are available online at https://www.madera.gov/business-building-development/engineering/standard-drawingsspecifications/. These online specifications and drawings are the most current, approved issue.

General and Special Conditions
General and Special conditions are hereby referred to and incorporated herein as though set forth in full.

The General and Special Conditions are available by clicking this link or copying and pasting it into your web browser:
https://www.madera.gov/media/fo1dqprn/general-special-conditions-for-construction.pdf.

Information for Bidders

1. Attention of Bidders is especially directed to the specifications which, in addition to the bid proposal and these instructions, are basis for evaluation and will be part of any contract with the successful bidder. Any deviations from the specifications in this notice shall be proper reason for rejection of all or any part of the bid proposal.

2. The City recognizes its policy of providing equal opportunity to all qualified persons and reaffirms its commitment that there shall be no discrimination against qualified applicants, or employees on the basis of race, gender, color, national origin, religion, age, disability, sexual orientation, or marital status.

The City is an equal opportunity employer. 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. The City is committed to ensuring that the work environment of City employees and the work environment of employees and volunteers of recipients, subrecipients, and contractors of the City are free from discrimination, harassment, and retaliation. All efforts to provide equal opportunity in employment practices will be made on the basis of merit, efficiency, and fitness consistent with civil service and merit system principles. Discrimination is prohibited in all aspects of the employment process.

The City, as well as recipients, subrecipients, and contractors, will not discriminate in the delivery of services or benefits based on the above identified bases.

3. The City reserves the right to reject or accept any or all bid proposals or parts thereof, and to accept or reject the alternatives individually or jointly, for any reason.

4. The City reserves the right to reject any bid that is determined to be materially unbalanced, IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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whether mathematically or materially. A bid may be considered unbalanced if it contains significantly overstated or understated line-item prices that could result in advantage to the bidder or disadvantage to the City during contract performance.

5. The City reserves the right to consider any minor deviations from the specifications and determine the acceptance or rejection of such deviation.

6. The City reserves the right to modify this IFB at any time. In the event it becomes necessary to modify or revise the IFB, a written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the IFB.

Proposer is responsible for checking the City’s PlanetBids vendor portal prior to submitting a Proposal to determine if any amendments were made to the IFB. Documents, amendments, addenda, etc. will be posted to the City’s PlanetBids vendor portal at:
https://pbsystem.planetbids.com/portal/54016/portal-home.

Any questions related to this IFB shall be submitted through the City’s PlanetBids vendor portal no later than 5:00pm on November 7, 2025
No verbal requests or requests made in any other format will be accepted.

7. Bid proposals will be evaluated by the City. If a bid proposal is found to be incomplete or not in compliance with the format required, it will not be submitted for evaluation. During the evaluation process, the City may find it beneficial to request additional information. Award will be made to the lowest responsive responsible bidder.

8. Any bid proposal may be withdrawn at any time prior to the hour fixed for the opening, provided that a request in writing executed by the Bidder, or his/her duly authorized representative, for the withdrawal of such bid proposal is filed with Purchasing. The withdrawal of a bid proposal shall not prejudice the right of a Bidder to file a new bid proposal prior to the time and date set for the opening. After the expiration of the time and date for receipt of bid proposals, a bid proposal may not be withdrawn or altered.

9. Bidder is responsible for fully acquainting itself with the conditions of the project site (which may include more than one site), as well as those relating to the construction and labor of the project, to fully understand the facilities, difficulties, and restrictions which may impact the cost or effort required to complete the project.

10. The City reserves the right to seek supplementary information from any Bidder at any time after official bid proposal opening and before the award. Such information will be limited to clarification or amplification of information asked in the original bid proposal.

11. Issuance of the IFB and receipt of bid proposals does not commit the City to award an agreement.

The City reserves the right to postpone the IFB process for its own convenience, to accept or reject any or all bid proposals received in response to this IFB, to negotiate with other than the selected company should negotiations with the selected company be terminated, or to cancel any section of this IFB. The City also reserves the right to apportion the award among more than one company.

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12. The successful Bidder shall enter into a formal agreement with City which will be very similar in content to the Attachment A, Sample Construction Agreement which is provided for information purposes only and to help clarify City intent relevant to this IFB as well as general contract requirements of the City.

13. Bidder and its subcontractors performing work under this contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses, and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

14. Prior to beginning any work or delivering any equipment or material to be furnished under this bid proposal, the Bidder shall secure the appropriate Business License from the City of Madera.

Business license information may be obtained by calling (559) 661-5408.

Any Federal or State of California License/Certification required to provide the services will be required.

A Class A, General Engineering Contractor, or C-12, Earthwork & Paving Contractors License will be required. Insurance documentation in accordance with the Insurance Requirements for Contractors will also be required.

15. Bidder’s Proprietary Information: Upon bid opening, 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.

16. 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.

17. 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, IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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policies of insurance of the type and amounts described below and in form satisfactory to the City.

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.
 $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
 Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall 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.

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 Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

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 Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.

Notice of Cancellation
Contractor 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.

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

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Attachments
The following attachments are to be incorporated and included as part of the CONTRACT DOCUMENTS for IFB 202526-01B, Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid:
 Attachment A, Sample Construction Agreement, 19 pages IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid

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SAMPLE CONSTRUCTION AGREEMENT
IFB 202526-01B Fiscal Year 2025/2026 Asphalt-Concrete Patching & Slurry Seal Type II Application On-Call Services Rebid
This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and [INSERT CONTRACTOR’S NAME], 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:

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 and will complete the same within 30 calendar days per assigned location. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $______________, 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 _________, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through ___, 2026, unless otherwise terminated earlier by one of the parties pursuant to Section 21 of this Agreement. The term may be extended by the City Manager in writing, if extension limited to term only, and if mutually agreed to at least 90 days in advance of expiration, for a period not to exceed one (1) additional one-year extension. An extension which includes compensation modifications will be submitted to the Council for approval.

4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, payment in full for the WORK described in the CONTRACT DOCUMENTS based solely on the unit prices set forth in Exhibit A. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted, multiplied by the applicable unit prices. Any adjustments for changes in the WORK must be authorized in writing by OWNER.

5. Contract Documents. The CONTRACTOR shall commence and complete all WORK IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 1 of 19
required in accordance with the following CONTRACT DOCUMENTS, attached hereto as:

Exhibit A. CONTRACTOR Complete Bid as Submitted on _______________ Exhibit B. Addenda No. 1, Dated _____
Exhibit C. Addenda No. 2, Dated _____
Exhibit D. Addenda No. 3, Dated _____
Exhibit E. Insurance Requirements for Contractors as Specified in IFB Exhibit F. IFB 202526-01B Fiscal Year 2025/2026 Asphalt-Concrete Patching & Slurry Seal Type II Application On-Call Services 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 _______ ($585.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.

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, IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 2 of 19
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.
1) Claims:

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 3 of 19
information or requested documentation.
4) City Council Approval:

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 4 of 19
shall be subject to applicable procedures outside this section.

Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
10) 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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 5 of 19
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. 11) Filing of Action on Unresolved Claims:

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 6 of 19
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.

IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 7 of 19
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.

Section 1777.5 provides, in part, as follows:

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 8 of 19
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.

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 9 of 19
shall deduct such charges from payments due the CONTRACTOR.

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 10 of 19
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.

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

21. Termination.

A. Termination of the Contract for Default.

IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 11 of 19

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 12 of 19
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.

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:

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 13 of 19
be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.

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:
[INSERT CONTRACTOR’S NAME AND MAILING ADDRESS]
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.

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 14 of 19
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.

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.

28. Remedies for Default. Failure by a party to perform any term, condition or IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 15 of 19
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.

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

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 IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 16 of 19
• 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).

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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.

CONTRACTOR
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
___________________________
Federal Tax I.D. No.
___________________________
Contractor License Number
___________________________
DIR Registration Number

NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.

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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.

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)
IFB 202526-01B Fiscal Year 2025/2026 Asphalt/Concrete Patching and Slurry Seal Type II Application On-Call Services Rebid Attachment A Sample Agreement, Page 19 of 19

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
_________________________________ Agenda Number: ___________ Arnoldo Rodriguez, City Manager
SUBJECT:

Preparation of the 2025 Urban Water Management Plan
RECOMMENDATION:

Adopt a Resolution Approving a Budget Amendment to the Water Maintenance and Operation Fund in the Amount of $45,000 for the 2025 Urban Water Management Plan (UWMP) Update SUMMARY:

On October 22, 2025, the City issued a Request for Proposals (RFP) seeking qualified consulting services to prepare the 2025 UWMP. Proposals have been received and are under internal evaluation. Because the procurement review process remains active, all proposal materials are confidential and not yet public record. This item is being brought before Council because the next opportunity to review City business will be at the February 4, 2026 meeting, which would not afford a desirable timeline for completion of the UWMP.

Preliminary scoring indicates an anticipated contract amount of approximately $50,000. The current fiscal year budget includes $30,000 for this project. Staff continues to evaluate the proposals and associated contract terms; however, all proposals exceed the $30,000 currently budgeted.

To ensure adequate budget authority for either outcome, and to provide for any unforeseen costs associated with finalizing the consultant agreement, staff recommends a budget amendment of $45,000, coupled with the original $30,000 budget for a total of $75,000. This amount would allow the City staff to execute an agreement within signature authority once negotiations are complete and a final vendor is selected.

DISCUSSION:

Urban Water Management Plans are required to be updated every five years and must comply with updated guidance issued by the California Department of Water Resources.

The City last completed its UWMP in 2020. As required by the California Water Code, the updated 2025 Plan
D-4

RETURN TO AGENDA
must be adopted and submitted to the Department of Water Resources (DWR) by July 1, 2026 via the Water Use Efficiency Data Portal. This update will incorporate:
 New DWR reporting requirements introduced in the 2025 Guidebook  Climate resilience and drought risk assessments
 Updated conservation programs
 Water demands reflecting current land use planning through 2045 More specifically, the 2025 plan will include:
 Reliability Assessments:
o Annual Water Supply and Demand Assessment (AWSDA) – 1-year outlook o Drought Risk Assessment (DRA) – 5 consecutive dry years o Water Supply Reliability Assessment (WSRA) – 20-year horizon  Climate Change Integration:
o Agencies must evaluate climate impacts on supply reliability and demand.  Accessibility:
o All tables and figures must meet ADA accessibility standards and use standardized formats.
 Water Shortage Contingency Planning:
o Ordinances and contingency measures must align with updated state requirements.

Scope of Work
The consultant will complete the following:

Task 1 – Data Collection and Review
 Compile existing data, including maps, reports, general plans, and specific plans.  Incorporate updated land use and population projections through 2045.

Task 2 – Preparation of 2025 UWMP
 Follow 2025 DWR Guidelines and include:
o Coordination with regional agencies
o Service area information with 20-year projections
o Water sources (surface water, groundwater, recycled water, transfers/exchanges)
o Reliability assessments (AWSDA, DRA, WSRA)
o Water use by customer type with 20-year projections
o Demand management measures and conservation programs
o Planned water supply projects and programs
o Water shortage contingency plan (aligned with 2025 requirements) o Water quality impacts on reliability
Task 3 – Water Conservation Ordinance Revision
 Review and recommend revisions to the City’s water conservation ordinance to align with the 2025 UWMP Water Shortage Contingency Plan requirements.

Task 4 – Meetings and Presentations
 Attend meetings with staff to review data and draft findings.  Present the UWMP to City Council for adoption.

Task 5 – Submittals
 Provide electronic files of the draft and final approved UWMP.  Submit the adopted UWMP to DWR via the WUEdata Portal by July 1, 2026.

FINANCIAL IMPACT:

The current Water Maintenance and Operation Fund has $30,000 allocated for UWMP preparation. Based on proposal pricing and anticipated award, an additional $45,000 is being requested. Adoption of the attached Resolution allocates the necessary funds to authorize execution of the consulting agreement. It is further noted that any unspent funds would be returned to the Water Enterprise Fund.

ALTERNATIVES:

The City Council may consider the following alternatives:

1. Deny the budget amendment.

2. Direct staff to re-release the RFP for the 2025 UWMP.

3. Direct staff to negotiate with a different consultant.

ATTACHMENTS:

1. Resolution
a. Exhibit A – Budget Amendment

2. Draft Professional Services Agreement (to be updated with selected consultant) ATTACHMENT 1
RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A BUDGET AMENDMENT TO THE WATER MAINTENANCE
AND OPERATION FUND IN THE AMOUNT OF $45,000 FOR THE
PREPARATION OF THE 2025 URBAN WATER MANAGEMENT PLAN
(UWMP)
WHEREAS, the City of Madera is required under the California Water Code to prepare and submit an Urban Water Management Plan (UWMP) every five years; and WHEREAS, the California Department of Water Resources (DWR) requires submittal of the 2025 UWMP no later than July 1, 2026; and
WHEREAS, the City issued a Request for Proposals (RFP) in October 2025 for professional consulting services to prepare the 2025 UWMP, and proposals received are currently under internal review and are not yet public record; and
WHEREAS, the anticipated cost for preparation of the 2025 UWMP is not to exceed $75,000; and
WHEREAS, the FY 2025-26 Water Maintenance and Operation Fund currently includes an allocation of $30,000 for the UWMP update and an additional appropriation of $45,000 is required to fully fund the UWMP and authorize execution of the consultant agreement; and WHEREAS, the approval of the budget amendment of $45,000 will provide sufficient funding to complete the 2025 UWMP in accordance with California Water Code requirements.

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.

2. City Council of the City of Madera hereby approves a budget amendment to increase appropriations in the Water Maintenance and Operation Fund in the amount of $45,000 for the preparation of the 2025 Urban Water Management Plan. This resolution is effective immediately upon adoption.
* * * * *

ORG OBJECT PROJECT
FUND CODE CODE CODE DESCRIPTION (+) (-)
Water
20303800 4900 Budgetary Carryover $ 45,000
20303800 6440 Contracted Services 45,000
$ 45,000 $ 45,000

EXHIBIT A

CITY OF MADERA
Budget Appropriations: Res. 25-______
Budget Transfer & Amendment for Fiscal Year 2025/26
1 ATTACHMENT 2

DRAFT CONSULTANT SERVICES AGREEMENT
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and __________ ("Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. City has sought, by a Request for Proposals, to select a consultant to provide Consulting and Preparation of a 2025 Urban Water Management Plan Services (Services).

B. Consultant submitted a proposal for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Proposals and this Agreement.

C. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

D. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

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

AGREEMENT

1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by reference. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all services described herein.

2. Commencement of Services; Term of Agreement. Consultant shall commence the Services upon City’s issuance of a written "Notice to Proceed" and shall continue in full force and effect until completion of the Scope of Work and approval of the UWMP by the State of California unless otherwise terminated by the City.
(a) Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.
(b) Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Manager of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City and Consultant.

3. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant by the amounts specified in the Schedule of Compensation attached hereto as Exhibit B and incorporated herein by this reference. [And if applicable add:
“Both parties agree that Consultant’s total compensation under this Agreement shall not exceed $___________.]
(b) Consultant shall invoice City monthly on a prospective basis for consulting fees. Invoices shall be submitted by email to:

John Botwright
Water and Sewer Operations Manager
[email protected]
(c) City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement. 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 Consultant. Billing contact for Consultant:

Name
Title
Email
(d) Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant.

5. Qualifications, and Professional Standards. Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields. Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld.

Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

7. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions, and other work product prepared and performed by subcontractors for Consultant; and (c) compliance with all laws and certifications as required under this Agreement.

Consultant 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. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

13. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City, or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

15. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

16. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
(a) For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. (b) For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause. (c) Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure.
(d) Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process. Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant. Consultant may not refuse to provide such writings or materials for any reason whatsoever.

17. Insurance. Consultant shall obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit C attached hereto and incorporated herein by this reference. All insurance policies shall be subject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request.

18. Indemnity and Defense. Consultant 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 Consultant’s performance of its obligations under this agreement or out of the operations conducted by Consultant, 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 Consultant’s performance of this agreement, the Consultant 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.

20. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant 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, Consultant shall not assign the payment of any monies due Consultant 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 Consultant directly to Consultant.

To City: Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Email: [email protected]
To Consultant: (To be named following
completion of
Procurement Process)
Notice shall be deemed effective on the date personally delivered, or transmitted by email, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

23. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

24. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

27. Attorneys Fees. If either party isrequired to commence any proceeding orlegal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

29. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

30. Execution in Counterparts. 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.

VENDOR CITY OF MADERA
By: By:
(ADD NAME & POSITION) Cecelia K. Gallegos, Mayor
Date: Date:

APPROVE AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
Exhibits
Exhibit A - Scope of Services
Exhibit B - Schedule of Compensation
Exhibit C - Insurance Requirements

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT B

SCHEDULE OF COMPENSATION

EXHIBIT C

INSURANCE
A. Insurance Requirements
Consultant 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 form CG 20 10 that the City and its officers, officials, employees and agents shall be additional insureds under such policies.  Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall 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 Professional Liability (Errors & Omissions) per claim and in the aggregate. Consultant shall maintain professional liability 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 Consultant 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 Consultant’s bid.

Proof of Insurance
Consultant 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.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: December 17, 2025
________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
2026 List of Annual Proclamations
RECOMMENDATION:

Provide Direction and Adopt a Minute Order Approving the 2026 List of Annual Proclamations from the Protocols Guidebook section concerning Ceremonial Documents SUMMARY:

At the July 19, 2023, City Council meeting, Council approved a resolution adopting a chapter in the Protocols Guidebook (Guidebook) titled Ceremonial Documents. The policy aims to establish guidelines that will govern the following Ceremonial Documents issued by the City:

1. Proclamation

2. Certificate of Recognition

3. Certificate of Commendation

4. Certificate of Appreciation

5. Congratulatory Certificate

6. Outgoing Mayor and Councilmembers

7. Distinguished Visitors
As identified in the adopted policy and to facilitate scheduling and planning of City Council meeting recognition events, Council will adopt an annual list of known proclamations. Staff has prepared a draft list for Council’s review for the 2026 calendar year. Any modifications to Attachment 1 require a majority vote of the City Council.

Following Council approval of Attachment 1 of the given calendar year, the City Clerk will circulate to member so the Council a list of approved annual Proclamations. Councilmembers may submit E-1

RETURN TO AGENDA
a written request to the City Clerk to be omitted from being a signatory to any given Proclamation on the approved list. Notifications to the City Clerk regarding signatory status must be provided at least one (1) month prior to the anticipated issuance.

Tables 1 and 2 provide an overview of the types of ceremonial documents.

Table 1: Ceremonial Documents that require approval by majority vote of the City Council Proclamation Certificate of Recognition
a. Civic celebrations
b. Commemorative events
c. Social awareness
d. Significant community-based events
e. Significant anniversaries of City-based
institutions, corporations, community
partners, and non-profit organizations
f. Retirement of City Employee (15 or more
years of service)
a. Exceptional accomplishments attained by
local groups, businesses, civic
organizations, or individuals
b. Individuals or groups who have made
significant contributions to the
community
c. Outstanding achievements or
contributions by non-profit organizations
d. Organizations contributing to the
economic development of the City
Table 2: Ceremonial Documents that do not require approval by a majority vote of the Council Certificate of Commendation Certificate of
Appreciation
Congratulatory
Certificate
a. Acts of Heroism
b. Academic/Athletic accomplishments
c. Youth Development Organizations
d. Non-profit organizations for a
significant accomplishment or event
e. Outgoing City Commissioners or
Committee Members
For significant:
a. Monetary
donations
b. In-kind
contributions
c. Cultural
contributions
d. Volunteer efforts
a. Milestone
Birthdays
b. Groundbreaking
Ceremonies
c. Ribbon
Cutting/Grand
Opening
Ceremonies
FINANCIAL IMPACT:

While difficult to quantify, staff anticipates a nominal cost associated with the preparation of ceremonial documents.

ALTERNATIVES:

This item is intended to provide information and seek Council direction. Councilmembers may provide input at their discretion on the Proclamation list and introduce relevant matters to include in a future or revised Proclamation list.

ATTACHMENTS:

1. Attachment 1: List of Annual Proclamations
Attachment 1: List of Annual Proclamations
Table 1: List of annual Proclamations 2026
Month Proclamation Recipient
January -- --
February Black History Month Recipient at the discretion of Council March Red Cross Month Recipient at the discretion of Council Women’s History Month Recipient at the discretion of Council April Sexual Assault Awareness Month Recipient at the discretion of Council National Volunteer Day Recipient at the discretion of Council May Intl. Firefighters Day Madera Fire Department
Public Service Week Local Government Employees
National Police Week Madera Police Department
Public Works Week Public Works Department
National Foster Care Awareness
Month
Recipient at the discretion of Council
Relay for Life Recipient at the discretion of Council
Letter Carriers’ Stamp Out Hunger
Food Drive Day
Recipient at the discretion of Council
June Pride Month Recipient at the discretion of Council Juneteenth Day Recipient at the discretion of Council
July None at this time. -
August Natl. Senior Citizens Day City Senior Program
September Old Timers Day Annual Parade Recipient at the discretion of Council October Breast Cancer Awareness Month Recipient at the discretion of Council Indigenous Peoples’ Day Recipient at the discretion of Council Disability Awareness Month City of Madera ADA Council
Domestic Violence Awareness Month Recipient at the discretion of Council November Veterans Day Recipient at the discretion of Council Small Business Saturday Recipient at the discretion of Council December None at this time. -

Madera City CouncilDecember 17, 2025

Madera City Council
December 17, 2025