Madera City Council
July 1, 2026

Update 06/25/26 6:30 p.m. Madera City Council Agenda Page 1 of 4 July 1, 2026

REGULAR MEETING OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637

UPDATED

NOTICE AND AGENDA
Wednesday, July 1, 2026 Council Chambers
6:00 p.m. City Hall
The City Council meetings are open to the public. The meeting may also be viewed and accessed remotely at www.zoom.us/wc/87885005940/join. Members of the public may provide comments on agenda items in person, through Zoom, or by phone at (669) 900-6833 using meeting ID: 878 8500 5940 followed by the # key, or by email at [email protected]. To comment by phone, press *9 to raise your hand and *6 to unmute when called upon. Written comments may also be submitted by mail to 205 W. 4th Street, Madera, CA 93637.

A recording of the meeting will be posted on the City’s YouTube channel at www.youtube.com/c/cityofmaderatv as soon as practicable following the conclusion of the meeting. “Wordly” can translate into 25+ different languages. To access written translation during the meeting, please scan the QR Code or click this link: https://attend.wordly.ai/join/FTZJ-3396 “Wordly” puede traducir a más de 25 idiomas diferentes. Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace:
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Update 06/25/26 6:30 p.m. Madera City Council Agenda Page 2 of 4 July 1, 2026
CALL TO ORDER:

ROLL CALL: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
INVOCATION: Pastor Josh Blair, Central Valley Christian Church PLEDGE OF ALLEGIANCE: Boy Scout Troop 116
APPROVAL OF AGENDA:

PRESENTATIONS: None
PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. Speakers shall be limited to three minutes.

Speakers will be asked, but are not required, to identify themselves and state the subject of their comments. If the subject is an item on the Agenda, the Mayor has the option of asking the speaker to hold the comment until that item is called. Comments on items listed as a Public Hearing on the Agenda should be held until the hearing is opened. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

A. PUBLIC HEARINGS:

A-1 Consideration of an Ordinance Updating the Madera Municipal Code Regarding Allowable Chicken Livestock
Recommendation: Waive the first reading and introduce by title only an Ordinance of the City Council of the City of Madera amending Subsection (A) of Section 5-

1.31 of Chapter 1 of Title V of the Madera Municipal Code regarding allowable chicken livestock and determine the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines (Report by Giachino Chiaramonte)
B.

B-1
CONSENT CALENDAR:

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

Minutes – June 17, 2026, June 24, 2026
Recommendation: Approve the City Council Minutes of June 17, 2026 and June 24, 2026 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for June 6 to June 19, 2026 (Report by Michael Lima)
Update 06/25/26 6:30 p.m. Madera City Council Agenda Page 3 of 4 July 1, 2026
B-3 Adoption of Updated District Boundary to Include Property Annexed into the City (Adell-D Street Annexation)
Recommendation: Waive the full reading and adopt an Ordinance of the City Council of the City of Madera amending Subsection C (3) of Section 2-1.08 of the City Municipal Code to adopt revised district boundaries by title only, including CEQA Guidelines Section 15061(b)(3) determination (Report by Alicia Gonzales)
B-4 Budget Amendment for Annual Weed Abatement
Recommendation: Adopt a Resolution approving a budget amendment to the Fiscal Year 2026/27 Operating Budget to appropriate General Fund balance funds for weed abatement services (Report by Giachino Chiaramonte) B-5 General Election for Council Districts 1, 3, and 5
Recommendation: Adopt a Resolution calling for and requesting consolidation of the City’s General Municipal Election with the General Election on November 3, 2026, for the election of City Council elected to serve as Mayor and Council Districts 1, 3, and 5; and requesting that the Madera County Clerk render election services relating to the conduct of the election (Report by Alicia Gonzales)
C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Schnoor Avenue Sidewalk Construction, City Project R-58, CMAQ 5157 (123) Recommendation: Adopt a Resolution Approving the Contract Award for the Schnoor Avenue Sidewalk Construction, City Project R-58, CMAQ 5157(123) in the amount of $445,731.80 to Pacific Coast Construction and Land Co. and adopting a CEQA Class I (Existing Facilities) categorical exemption for the project (Report by Keith Helmuth)
E. ADMINISTRATIVE REPORTS:

E-1 Community Development Block Grant Program Application Notification Process Recommendation: No recommendations are presented with this report (Report by Michael Lima)
E-2 Annual Residential Curbside Cleanup Summary
Recommendation: This item is informational only; therefore, no Council action is required (Report by Harpiar Gandhi)
F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

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

G. CLOSED SESSION: None
Update 06/25/26 6:30 p.m. Madera City Council Agenda Page 4 of 4 July 1, 2026
FUTURE MEETING DATES:
 Wednesday, July 15, 2026
 Wednesday, August 5, 2026
ADJOURNMENT:
 The meeting room is accessible to the physically disabled. Requests for accommodations for persons with disabilities such as signing services, assistive listening devices, or alternative format agendas and reports needed to assist participation in this public meeting may be made by calling the City Clerk’s Office at (559) 661-5405 or emailing [email protected] . Those who are hearing impaired may call 711 or 1-800-735-2929 for TTY Relay Service. Requests should be made as soon as practicable as additional time may be required for the City to arrange or provide the requested accommodation.

Requests may also be delivered/mailed to: City of Madera, Attn: City Clerk, 205 W. 4th Street, Madera, CA 93637. At least seventy-two (72) hours’ notice prior to the meeting is requested but not required.

When making a request, please provide sufficient details that the City may evaluate the nature of the request and available accommodations to support meeting participation. Please also provide appropriate contact information should the City need to engage in an interactive discussion regarding the requested accommodation.
 Please silence or turn off cell phones and electronic devices while the meeting is in session.  Regular meetings of the Madera City Council are held the 1st and 3rd Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall.
 Any writings or documents provided to a majority of the City Council within 72 hours of the meeting regarding any item on this agenda will be made available for public inspection at the City Clerk’s office located at 205 W. 4th Street, Madera, CA 93637 and on the City website at www.madera.gov  Questions regarding the meeting agenda or conduct of the meeting, please contact the City Clerk’s Office at (559) 661-5405.
 Para asistencia en español sobre este aviso, por favor llame al (559) 661-5405.

I, Alicia Gonzales, City Clerk for the City of Madera, declare under penalty of perjury that I posted the above agenda for the Regular Meeting of the Madera City Council forJuly 1, 2026, near the front entrances of City Hall and on the City’s website www.madera.gov at 6:30 p.m. on June 25, 2026. _______________________
Alicia Gonzales, City Clerk

REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: July 1, 2026
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of an ordinance updating the Madera Municipal Code regarding allowable chicken livestock
RECOMMENDATION:

Waive the first reading and introduce by title only an Ordinance of the City Council of the City of Madera amending Subsection (A) of Section 5-1.31 of Chapter 1 of Title V of the Madera Municipal Code regarding allowable chicken livestock and determine the project is exempt pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines SUMMARY:

The current ordinance for livestock broadly permits “chickens” within City limits without distinguishing between male and female birds. This regulatory omission allows for the keeping of roosters, which generate noise complaints throughout the City and increase the level of response and enforcement resources required by City staff. The proposed changes amend the code to specify the allowable use to be “Chickens (hens and pullets only),” thereby establishing a prohibition on roosters within City limits.

DISCUSSION:

For several years, the City has experienced an increase in the calls for service regarding excessively noisy roosters. The existing text of Section 5-1.31(A) permits “chickens” generally, lacking any restrictive or prohibitive language regarding male chickens. This regulatory gap restricts the ability of staff to address rooster-related complaints.

Roosters are a frequent source of noise complaints and ongoing neighbor disputes due to their unpredictable and persistent crowing throughout the day. These animals create a continuous public nuisance that impacts the overall quality of life in residential neighborhoods. To protect A-1

RETURN TO AGENDA
the peace, health, safety, and general welfare of the community, a update is proposed to clarify the City’s regulatory framework.

The proposed amendment revises Section 5-1.31(A) to explicitly state “chickens (hens and pullets only).” This change effectively provides Animal Control and the Police Department with a definitive tool to prohibit roosters outright within City limits, eliminating the need to navigate a lengthy nuisance determination process for a species inherently incompatible the dens residential areas.

Consistent with the existing framework, residents will still be permitted to maintain up to three small livestock animals (such as hens, pullets, or rabbits) per location, preserving the balance between backyard poultry keeping and neighborhood compatibility. Per subsection (B), these restrictions will continue to exempt properties that are actively zoned or utilized for agricultural or industrial purposes.

FINANCIAL IMPACT:

There is no direct cost to the City. The amendment establishes a clearer regulatory standard, which is anticipated to streamline enforcement operations and optimize the allocation of Animal Control and police Department personnel hours.

ALTERNATIVES:

Council may direct staff to explore additional regulations for roosters, such as setback requirements, limits on the number of animals allowed, or enhanced nuisance abatement provisions. While this approach could provide additional controls, it may be more difficult to enforce and may not fully eliminate the noise impacts and neighborhood conflicts associated with keeping roosters in residential areas.

ATTACHMENTS:

1. Proposed Ordinance amending the Municipal Code
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING SUBSECTION (A) OF SECTION 5-1.31 OF CHAPTER 1 OF TITLE V

OF THE MADERA MUNICIPAL CODE REGARDING ALLOWABLE CHICKEN

LIVESTOCK
WHEREAS, the city has established standards governing the keeping of livestock within the city limits; and
WHEREAS, the City Council has determined that the provisions applicable to chickens should be updated and clarified to distinguish between permissible female chickens and prohibited male chickens; and
WHEREAS, the City Council finds roosters create noise-related nuisances due to crowing and may adversely affect neighboring properties and the quiet enjoyment of residential neighborhoods; and
WHEREAS, the prohibition of roosters while allowing hens and pullets promotes compatibility with surrounding residential uses, reduces nuisance complaints, and protects the public health, safety, and welfare; and
WHEREAS, the City Council now desires to amend section 5-1.31 of the Madera Municipal Code to clarify that only hens and pullets may be kept as allowable chickens within the areas of the City regulated by that section.

NOW THEREFORE, the City Council of the City of Madera does ordain as follows:

SECTION 1. The above recitals are hereby incorporated by reference.

SECTION 2. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, as it will remove a source of environmental noise,, the activity is not subject to CEQA.

SECTION 3. Subsection (A) of Section 5-1.31 of Chapter 1 of Title V of the Madera Municipal Code is hereby amended to read in its entirety as follows:
(A) Livestock kept within areas of the city limits must be kept according to the following.

This would include, but not be limited to horses, mules, burros, pigs, cows, sheep, goats, chickens (hens and pullets only), ducks, rabbits:
(1) No more than three may be kept at any one location, or as determined by other applicable city ordinance or the Planning Commission.
(2) Animals must be contained in an enclosed pen, which must be enclosed on all sides including the top where required to keep such livestock contained and not permitted to wander loose.
(3) Animal pens must be maintained in a sanitary manner, so as not to cause a health hazard or odor problem.
(4) Any such animals creating a public nuisance, such as complaints received of noise shall be subject to a hearing process to determine if said animals must be removed from the city limits. Such hearing by designated persons will be held as specified in § 5-1.33. (5) No such animals shall be slaughtered, butchered or killed in residential areas, or in commercial areas not authorized for this purpose.

SECTION 4: If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5: This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.

City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 1 of 12
Minutes of a Regular Meeting of the Madera City Council and Minutes of a Special Meeting of the Madera City Council as the Groundwater Sustainability Agency Wednesday, June 17, 2026 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2
Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, Chief Building Official Rafael Magallan, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Division Fire Chief Larry Pendarvis, Grants Administrator Marcela Zuniga, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Planning Manager David Brletic, Chief of Police Giachino Chiaramonte, Public Works Director Harpiar Gandhi, Deputy City Engineer Ellen Bitter, Administrative Analyst I (Engineering) Nicole Say, Assistant Engineer Alexis Raymundo, Sergeant Richard Gonzales and Lieutenant Mark Adams.

INVOCATION: Pastor Joyce Lane, Glory of Zion Ministries PLEDGE OF ALLEGIANCE: Mayor Pro Tem Zacharia
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

PRESENTATIONS:

1. Proclamation Recognizing Juneteenth Day

2. Proclamation Recognizing PRIDE Month

3. Presentation of Madera Unified School District’s OPTIONS Program Item: B-1
Minutes for: 06/17/2026
Adopted: 07/01/2026

RETURN TO AGENDA
City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 2 of 12
PUBLIC COMMENT:

The first 15 minutes of the meeting are reserved for members of the public to address the Council on items which are within the subject matter jurisdiction of the Council. The Council is prohibited by law from taking any action on matters discussed that are not on the agenda, and no adverse conclusions should be drawn if the Council does not respond to public comment at this time.

Arturo Martinez, Jr. from the office of Senator Anna Caballero mentioned that the senator attended the services of former Mayor Santos Garcia.

Paul Chiobian expressed his concern about the use of Zak’s Security and Madera Private Security services throughout the community. He stated local law enforcement should be sufficient.

Monique Williams, a recently retired employee of the California Women’s Correction Facility invited Council to the 21st Annual Women in Law Enforcement Symposium which will take place on July 31st.

A member of the community pointed out that this is the second year that the Mayor has stepped out of the room during the Pride Month proclamation. She stated it isn’t right and the Mayor should honor all the people in the community. She asked the community to keep that in mind the next time they vote.

No further Public Comment was presented. Public Comment was closed.

A. PUBLIC HEARINGS:

A-1 Public Hearing to Consider Declaration of Nuisances and Abatement Order for Overgrown Weeds
Recommendation: Conduct a Public Hearing and Adopt a Resolution Ordering the Abatement of Weed Nuisances in the City (Report by Giachino Chiaramonte)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, ITEM A-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING THE CITY MANAGER OR THEIR DESIGNEE TO ABATE WEED

NUISANCES EXISTING WITHIN THE CITY OF MADERA
A-2 Resolution Confirming the Diagram and Assessments for the Annual Levy of City-Wide Landscape and Lighting Assessment District
Recommendation: 1. Conduct Public Hearing and Receive Public Comments.

2. Adopt a Resolution:
a. Confirming the diagram and assessments as set forth in said Engineer’s Report for the Landscape and Lighting District of the City of Madera, as the same may be modified for Zones of Benefit 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10- I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20- B, 20-C, 21-A, 21-B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C, 26- D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43- C, 43-D, 43-E, 44, 45-A, 46, 50, and 51 of the City-Wide Landscape and Lighting Assessment District; and
b. Levying the Assessments as set forth in said report of the Engineer for Fiscal Year 2026/2027; and
City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 3 of 12
c. Authorizing and Directing the City Engineer to File the Diagram and Assessments with the Madera County Auditor’s Office; and d. Authorizing the City Engineer in Consultation with City Clerk and City Attorney to make any Clerical Corrections (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM A-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

CONFIRMING THE DIAGRAM AND ASSESSMENTS AND ORDERING THE ANNUAL LEVY AND COLLECTION FOR ZONES OF BENEFIT 1, 2, 3, 4, 6-A, 6-B, 7, 8, 9, 10-A, 10-B, 10-C, 10-D, 10-E, 10-F, 10-G, 10-H, 10-I, 12, 13, 14, 15, 15-B, 15-C, 16, 17-A, 17-B, 17-C, 17-D, 18, 20-A, 20-B, 20-C, 21-A, 21- B, 21-C, 21-D, 23, 24, 25-C, 25-D, 26, 26-B, 26-C, 26-D, 27, 27-B, 28, 28-B, 29, 29-B, 29-C, 29-D, 29-E, 30, 31-A, 31-B, 32-A, 32-B, 33, 34, 34-B, 34-C, 35, 36-A, 36-B, 36-C, 37, 39, 40, 41, 43-A, 43-C, 43-D, 43-E, 44, 45-A, 46, 50, AND 51 OF THE CITY-WIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2026/2027
A-3 Adoption of Updated District Boundary to Include Property Annexed into the City (Adell-D Street Annexation)
Recommendation: Waive the Full Reading and Introduce an Ordinance of the City Council of the City of Madera Amending Subsection C (3) of Section 2-1.08 of the City Municipal Code to Adopt Revised District Boundaries by Title Only, including CEQA Guidelines Section 15061(b)(3) Determination (Report by Alicia Gonzales)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM A-3 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

INTRO ORD AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA AMENDING SUBSECTION (C)(3) OF SECTION 2-1.08 OF CHAPTER 1 OF

TITLE II OF THE MADERA MUNICIPAL CODE AND ADOPTING REVISED

DISTRICT VOTING BOUNDARIES
A-4 General Plan Amendment (GPA 2026-06) for Adoption of the 2026 Madera County MultiJurisdictional Local Hazard Mitigation Plan (LHMP) and Incorporation by Reference into the Safety Element of the City of Madera General Plan
Recommendation: Adopt a Resolution Determining that the Project is Exempt from the Provisions of the California Environmental Quality Act (CEQA) Pursuant to Sections 15262 and 15061(b)(3) of the CEQA Guidelines, and Approving General Plan Amendment (GPA) 2026-06 to Adopt and Incorporate, by Reference, the Madera County Multi-Jurisdictional Local Hazard Mitigation Plan Update (March 2026) into the Safety Element of the General Plan (Report by Will Tackett)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM A-4 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

DETERMINING THAT THE PROJECT IS EXEMPT FROM THE PROVISIONS OF

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 4 of 12
SECTIONS 15262 AND 15061(B)(3) OF THE CEQA GUIDELINES, AND APPROVING GENERAL PLAN AMENDMENT (GPA) 2026-06 TO ADOPT AND INCORPORATE, BY REFERENCE, THE MADERA COUNTY MULTIJURISDICTIONAL LOCAL HAZARD MITIGATION PLAN UPDATE (MARCH 2026) INTO THE SAFETY ELEMENT OF THE GENERAL PLAN
B. CONSENT CALENDAR:

Matters listed under the Consent Calendar are considered routine and will be enacted by one motion and one vote.

A resident of Madera, Diana Hernandez asked for item B-16 to be pulled for discussion. Per City Attorney Shannon L. Chaffin, this item will have its own motion.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER EVANS, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

B-1 Minutes – May 20, 2026
Recommendation: Approve the City Council Minutes of May 20, 2026 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for May 9 to June 5, 2026 (Report by Michael Lima)
B-3 Informational Report on Personnel Activity
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Council) (Report by Wendy Silva) B-4 Quarterly Board, Commission, and Committee Attendance Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Arnoldo Rodriguez) B-5 Memorandum of Understanding with Respect to the Cost Sharing for Water Year 2025 Madera Subbasin Groundwater Sustainability Plan (GSP) Annual Reports (Action on this item by the Successor Agency)
Recommendation: Adopt a Resolution Approving Memorandum of Understanding with Respect to the Cost Sharing for Water Year 2025 Madera Subbasin GSP Annual Reports (MOU) (Report by Keith Helmuth)
GSA Res 26-02 A RESOLUTION OF THE CITY OF MADERA AND THE CITY OF MADERA,

GROUNDWATER SUSTAINABILITY AGENCY BOARD APPROVING THE

MEMORANDUM OF UNDERSTANDING WITH RESPECT TO THE COST
SHARING FOR THE WATER YEAR 2025 MADERA SUBBASIN GSP ANNUAL

REPORTS
B-6 Renewal of a Three-year Annual Volume Software License Agreement between the City and Microsoft/CDW-G
Recommendation: Adopt a Resolution Approving the Renewal of Software Licensing through a Contract between the City and Microsoft (Report by Gary Price) City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 5 of 12
RES 26-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROVING A THREE-YEAR ANNUAL VOLUME LICENSE SOFTWARE

AGREEMENT BETWEEN THE CITY OF MADERA AND MICROSOFT/CDW-G IN THE AMOUNT OF $138,704.87 PER YEAR
B-7 Temporary Authority for the City Manager to offer higher than C-step for licensed Civil Engineers
Recommendation: Adopt a Resolution Providing the City Manager Temporary Authority to Offer Candidates Considered for Positions requiring a Civil Engineering License Higher than C-step on the Assigned Salary Range for the Classifications through March 18, 2027 (Report by Wendy Silva) RES 26-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

PROVIDING THE CITY MANAGER TEMPORARY AUTHORITY TO OFFER

LICENSED CIVIL ENGINEER CANDIDATES HIGHER THAN C-STEP ON THE

ASSIGNED SALARY RANGE
B-8 Adoption of Updated City of Madera Full Time Salary Schedule Recommendation: Adopt a Resolution Approving the Revised City of Madera Full Time Salary Schedule Reflecting a Two percent (2%) Cost-of-living Adjustment Effective June 13, 2026, for Certain Positions (Report by Wendy Silva) RES 26-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

ADOPTING THE CITY OF MADERA FULL TIME SALARY SCHEDULE
EFFECTIVE JUNE 13, 2026
B-9 Education and Leadership Foundation Fee Waiver Request for the Workers’ Rights Resource Fair
Recommendation: Adopt a Resolution Waiving the Rental Fees of the Pan-American Community Center on June 27, 2026, related to the Workers’ Rights Resource Fair, Hosted by the Education & Leadership Foundation, at an Anticipated Rental Fee of $1,025 (Report by Joseph Hebert) RES 26-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA WAIVING THE RENTAL FEES OF THE PAN-AMERICAN
COMMUNITY CENTER ON JUNE 27, 2026, RELATED TO THE WORKERS’

RIGHTS RESOURCE FAIR, HOSTED BY THE EDUCATION & LEADERSHIP FOUNDATION, AT AN ANTICIPATED RENTAL FEE OF $1,025
B-10 Fiscal Year 2026-2030 Transit Asset Management (TAM) Plan Recommendation: Adopt a Resolution Approving the FY 2026 – 2030 City of Madera Transit Asset Management Plan (Report by Michael Lima)
RES 26-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE TRANSIT ASSET MANAGEMENT (TAM) PLAN FY 2026-2030
B-11 Update the City’s Public Transportation Agency Safety Plan for the Madera Metro Transit System
City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 6 of 12
Recommendation: Adopt a Resolution Approving the Updated City of Madera’s Public Transportation Agency Safety Plan (Report by Michael Lima) RES 26-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE PUBLIC TRANSPORTATION AGENCY SAFETY

PLAN (PTASP)
B-12 Transit Center Canopy Installation Project
Recommendation: Adopt a Minute Order Approving:

1. Acceptance of the Transit Center Canopy Project

2. Recording of Notice of Completion

3. Release of Retention 35 days after the Recording of the Notice of Completion (Report by Michael Lima)
B-13 K-9 Donation from the Community Corrections Partnership Recommendation: Adopt a Resolution Accepting the Donation of a Trained, Dual-purpose K9 from the Community Correction Partnership (Report by Giachino Chiaramonte)
RES 26-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ACCEPTING A DONATION OF A DUAL-PURPOSE K-9 AND ITS REQUIRED

TRAINING FROM THE COMMUNITY CORRECTIONS PARTNERSHIP
B-14 Vehicle Donation from the Community Correction Partnership Recommendation: Adopt a Resolution Accepting the Donation of Two Vehicles for the Special Investigations Unit (SIU) from the Community Correction Partnership (Report by Giachino Chiaramonte)
RES 26-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

ACCEPTING A DONATION OF TWO UPFITTED VEHICLES FROM THE

COMMUNITY CORRECTIONS PARTNERSHIP FOR USE BY THE SPECIAL

INVESTIGATIONS UNIT
B-15 Pacific Gas & Electric (PG&E) Charitable Contribution Donation Program Recommendation: Adopt a Resolution Accepting Pacific Gas & Electric Company’s Charitable Contribution Donation of $10,000 for Movies in the Park Summer 2026 (Report by Joseph Hebert)
RES 26-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA ACCEPTING PACIFIC GAS & ELECTRIC COMPANY’S
CHARITABLE CONTRIBUTION DONATION OF $10,000 FOR MOVIES IN THE PARK SUMMER 2026
B-16 Second Reading and Adoption of an Ordinance to Rezone (REZ 2026-01) Three Areas of the City as Described in the 2024-2032 6th Cycle Housing Element Recommendation: Waive Full Reading and Adopt by Title Only an Ordinance of the City Council of the City of Madera approving Rezone (REZ) 2026-01 and Amending the Official City of Madera Zoning Map to Rezone Three Areas of the City to the R-3 (Residential, one unit for each 871 square feet of City of Madera City Council Minutes
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Madera, CA 93637 Page 7 of 12
site area) Zone District as Described in the City of Madera’s Adopted 2024-2032 6th Cycle Housing Element (Report by Will Tackett) Diana Hernandez of 487 Sharon Boulevard expressed concern that in the future she would have to sell her property to a developer or develop it to meet this ordinance. Community Development Director Will Tackett clarified that the adoption of this ordinance to rezone the property does not change development standards, nor does it obligate development. All it does is zone property to achieve capacity to meet our future population projections. It does not obligate a property owner to develop within the six (6) years. If it develops, it is at the discretion of the property owner. The resolution adopted on May 20th to change the land use to High Density did not include this property. It is already designated within the General Plan as High Density, so the City is not changing anything. The property’s inclusion in the ordinance to rezone is simply because that property is currently zoned as PD 1500 (Planned Development Zone of 1 unit per each 1,500 square feet of site area). By changing it to R-3, the City is removing an impediment to development. Currently, plan development at the property would require public hearing and action of the Planning Commission. With this ordinance, that would no longer be required. The City is not changing any rules or land use designation. They are removing barriers to the development of the property.

No further Public Comment was presented. Public Comment was closed.

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, ITEM B-16 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

ORD 1022 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING REZONE (REZ) 2026-01 AND AMENDING THE OFFICIAL CITY

OF MADERA ZONING MAP TO REZONE THREE AREAS OF THE CITY TO THE R-3 (RESIDENTIAL, ONE UNIT FOR EACH 871 SQUARE FEET OF SITE AREA) ZONE DISTRICT AS DESCRIBED IN THE CITY OF MADERA’S 2024-2032 6TH

CYCLE HOUSING ELEMENT
B-17 License Plate Reader Camera Donation from the Community Correction Partnership Recommendation: Adopt a Resolution Accepting a Donation of 45 Motorola Vigilant License Plate Reader Cameras (Report by Giachino Chiaramonte)
RES 26-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA ACCEPTING A DONATION OF 45 MOTOROLA VIGILANT LICENSE PLATE

READER CAMERAS FROM THE COMMUNITY CORRECTIONS PARTNERSHIP B-18 Valley Water Collaborative Voluntary Contribution Agreement Recommendation: Adopt a Resolution Approving Entering the Valley Water Collaborative Voluntary Contribution Agreement (Report by Harpiar Gandhi) RES 26-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING ENTERING THE VALLEY WATER

COLLABORATIVE VOLUNTARY CONTRIBUTION AGREEMENT
B-19 Consider an Amendment to the Professional Services Agreement with Fire Safety Solutions Recommendation: Adopt a Resolution Approving a Fifth Amendment to the Professional Services Agreement with Fire Safety Solutions, Inc. for Building and Fire Plan Review and Inspection Services (Report by Will Tackett) City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 8 of 12
RES 26-100 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA,

APPROVING A FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH FIRE SAFETY SOLUTIONS, INC. FOR BUILDING AND

FIRE PLAN REVIEW AND INSPECTION SERVICES
B-20 Lake and Sherwood Traffic Signal, City Project TS-35 Recommendation: Adopt a Minute Order Approving:

1. Acceptance of Lake and Sherwood Traffic Signal, City Project TS-35

2. Recording of Notice of Completion

3. Release of Retention 35 days after the Recording of the Notice of Completion (Report by Keith Helmuth)
B-21 Agreement with Madera Unified School District for Summer Camps 2026 Recommendation: Adopt a Resolution Approving an MOU with the Madera Unified School District (MUSD) for the Summer Camps 2026, not to exceed $46,222 (Report by Joseph Hebert)
RES 26-101 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH

MADERA UNIFIED SCHOOL DISTRICT FOR THE EXPANDED LEARNING OPPORTUNITIES PROGRAM (ELOP) SUMMER CAMPS 2026, NOT TO
EXCEED $46,222
B-22 Approving the Community Development Block Grant (CDBG) Program Year 2026/27 Subrecipient Agreements
Recommendation: Adopt Resolutions Approving the Program Year 2026/27 CDBG Subrecipient Agreement for Services for:

1. $190,264 with City of Madera Program Year 2026/27 CDBG Administration

2. $17,500 with Madera Project Run

3. $15,000 with O.L.I.V.E. Charitable Organization

4. $17,500 United Way Fresno and Madera Counties

5. $43,468 Madera County Food Bank

6. $30,000 with City of Madera Parks Department (Senior Program)

7. $230,000 with City of Madera Public Works Department (Sidewalk Replacement Program)

8. $51,000 with City of Madera Parks Department (Horseshoe Pits - Design)

9. $78,000 with City of Madera Parks Department (Clinton Street Widening)

10. $284,365 with the City of Madera Parks Department (Demolition Project) (Report by Michael Lima)
RES 26-102 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($190,264) WITH CITY OF MADERA, DEPARTMENT OF FINANCE
RES 26-103 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY
City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 9 of 12

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($17,500) WITH MADERA PROJECT RUN
RES 26-104 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($15,000) WITH OLIVE CHARITABLE ORGANIZATION
RES 26-105 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($17,500) WITH UNITED WAY FRESNO AND MADERA COUNTIES
RES 26-106 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($43,468) WITH MADERA COUNTY FOOD BANK
RES 26-107 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($30,000) WITH CITY OF MADERA, PARKS DEPARTMENT
RES 26-108 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($230,000) WITH CITY OF MADERA, PUBLIC WORKS DEPARTMENT RES 26-109 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($51,000) WITH CITY OF MADERA, PARKS DEPARTMENT
RES 26-110 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($78,000) WITH CITY OF MADERA, PARKS DEPARTMENT
RES 26-111 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF MADERA, CALIFORNIA, APPROVING A PROGRAM YEAR 2026/27 COMMUNITY

DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR SERVICES ($284,365) WITH CITY OF MADERA, PARKS DEPARTMENT
C. WORKSHOP:

C-1 Fiscal Year 2026-2027 Budget Workshop – Expenses
Recommendation: This report is submitted for informational purposes only and there is no action requested from the City Council (Report by Michael Lima) D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

D-1 Storey Road Shoulder Paving, City Project R-60, CMAQ 5157 (114) Recommendation: Adopt a Resolution Approving the Contract Award for the Storey Road Shoulder Paving, City Project R-60, CMAQ CML 5157 (114) in the amount City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 10 of 12
of $284,555 to AJ Excavation Inc. and Adopting a CEQA Class I (Existing Facilities) Categorical Exemption for the Project (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER MEJIA AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA APPROVING THE CONTRACT AWARD FOR STOREY ROAD SHOULDER PAVING, CITY PROJECT R-60, CMAQ CML 5157 (114), IN THE AMOUNT OF $284,555 TO AJ EXCAVATION INC. AND AUTHORIZING

CONTRACT CONTINGENCIES RELATED TO THE CONTRACT
D-2 Consultant Services Agreement with HNTB Corporation, and Associated Budget Adjustment, for the Rail Corridor Improvement Study
Recommendation: Adopt a Resolution:

1. Approving an Agreement and for Consultant Services between the City and HNTB Corporation for the Rail Corridor Improvement Study for $1,797,812.80

2. Approve a Budget Adjustment Amending the Fiscal Year (FY) 2025/26 Budget (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER MONTES, ITEM D-2 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, APPROVING AN AGREEMENT AND ASSOCIATED BUDGET

ADJUSTMENT FOR CONSULTANT SERVICES BETWEEN THE CITY AND HNTB

CORPORATION FOR THE CITY OF MADERA RAIL CORRIDOR
IMPROVEMENT STUDY FOR $1,797,812.80
D-3 Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) for Oneyear for Fire Protection Services Recommendation: Adopt a Resolution Approving a New Schedule “A” Agreement with the California Department of Forestry and Fire Protection (CAL FIRE) from July 1, 2026, to June 30, 2027, for $7,297,944 (Report by Larry Pendarvis)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-3 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, APPROVING A NEW SCHEDULE "A" AGREEMENT WITH THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIREPROTECTION (CAL FIRE) FROM JULY 1, 2026, TO JUNE 30, 2027, FOR FIRE SERVICE

OPERATIONS, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT

ON BEHALF OF THE CITY OF MADERA
D-4 Project List for Fiscal Year (FY) 2026/27 Funded by Senate Bill 1 (SB 1): The Road Repair and Accountability Act of 2017
City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 11 of 12
Recommendation: Adopt a Resolution Adopting a List of Projects for FY 2026/27 Funded by SB 1: The Road Repair and Accountability Act of 2017 (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-4 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-115 A RESOLUTION OF THE CITY COUNCIL ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
D-5 2024 Water Meter Project, City Project W-32, Phase 1 Recommendation: Adopt a Minute Order Approving:

1. Acceptance of 2024 Water Meter Project, City Project W-32, Phase I

2. Recording of Notice of Completion

3. Release of Retention 35 days after the Recording of the Notice of Completion (Report by Keith Helmuth)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY MAYOR PRO TEM ZACHARIA, ITEM D-5 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

E. ADMINISTRATIVE REPORTS:

E-1 Informational Report on the Madera Metro Transit System Recommendation: This report is submitted for informational purposes and there is no action requested from the City Council (Council) (Report by Michael Lima) F. COUNCILMEMBER REPORTS/ANNOUNCEMENTS/FUTURE AGENDA ITEMS:

This portion of the meeting is reserved for the Mayor and Councilmembers (i) to make brief reports on boards, committees, and other public agencies, and at public events, (ii) to request updates, (iii) to initiate future agenda items, and (iv) to take action on matters initiated under this section of the agenda.

Councilmember Mejia had nothing to report.

Councilmember Rodriguez mentioned that he and Mayor Pro Tem Zacharia attended the MCTC meeting today where they approved the guidelines for the Measure T renewal. He mentioned he had a chance to ride the Metrobus in Mexico City and advocated for a micro transit system in Madera that would allow people to get to where they need to be.

Councilmember Villegas had nothing to report.

Councilmember Montes thanked staff for everything they do. He has great confidence in them.

Mayor Pro Tem Zacharia asked that CDBG be added to a future agenda, so that Council can discuss CDBG and getting information to interested groups. Many groups do not seem to be familiar with the process, timelines and requirements of CDBG. Councilmember Mejia mentioned that she’d made a similar request in 2023 and having this item on the agenda has her full support. Councilmembers supported having it on the agenda.

Councilmember Evans mentioned she’d attended the funeral services for former Mayor Santos Garcia and she also attended a taco lunch at James Monroe Elementary. She mentioned that she was verbally attacked regarding the condition of the river and the presence of the homeless. She thanked and commended everyone for their efforts in cleaning up the river.

City of Madera City Council Minutes
205 W. 4th Street June 17, 2026
Madera, CA 93637 Page 12 of 12
She acknowledged that residents contact all of Council about this and other issues and Council and departments follow procedures to get issues resolved. She mentioned that some residents have a misconception on the salary that Council receives. Council is paid $500.00 monthly and with the price of gas, it does not go far. Councilmember Evans invited everyone to a city event which will be held on June 19th where there will be vendors, food trucks and entertainment.

Mayor Gallegos mentioned the water leaks that start occurring come summertime and stated that staff are working on them. She mentioned that Downtown projects are occurring and residents should keep an eye out for them.

G. CLOSED SESSION: None
FUTURE MEETING DATES:
 Wednesday, July 1, 2026
 Wednesday, July 15, 2026
ADJOURNMENT: Meeting was adjourned at 7:53 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk
Minutes of a Special Meeting of the Madera City Council Wednesday, June 24, 2026 Council Chambers
6:00 p.m. City Hall
The Madera City Council meetings are open to the public. The meeting was available for public viewing and participation through Zoom. Members of the public were able to observe the live-streamed meeting on the City’s website and were able to comment on agenda items at the meeting, remotely through an electronic meeting via phone, via email and by regular mail.

CALL TO ORDER: Meeting was called to order at 6:00 p.m.

ROLL CALL:

Present: Mayor Cece Gallegos
Mayor Pro Tem Rohi Zacharia, District 1
Councilmember Jose Rodriguez, District 2 (Left at 6:40 p.m.) Councilmember Steve Montes, District 3
Councilmember Anita Evans, District 4
Councilmember Elsa Mejia, District 5
Councilmember Artemio Villegas, District 6
Others present were City Manager Arnoldo Rodriguez, City Clerk Alicia Gonzales, City Attorney Shannon L. Chaffin, Chief Building Official Rafael Magallan, City Engineer Keith Helmuth, Community Development Director Will Tackett, Director of Financial Services Michael Lima, Division Fire Chief Larry Pendarvis, Fire Battalion Chief Anthony Garcia, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Planning Manager David Brletic, Chief of Police Giachino Chiaramonte, Police Commander Josiah Arnold, Public Works Director Harpiar Gandhi, Administrative Analyst I (Finance) Richard Gracia, and Communication Specialist Joseph Carrello.

INVOCATION: Mayor Pro Tem Zacharia
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Zacharia
APPROVAL OF AGENDA:

ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER MONTES, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

PRESENTATIONS: None
PUBLIC COMMENT:

Members of the public shall have an opportunity to address the City Council regarding matters on this Agenda at the time the agenda item is called. Speakers should limit their comments to three (3) minutes.

No Public Comment was presented. Public Comment was closed.

A. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:

Item: B-1
Minutes for: 06/24/2026s
Adopted: 07/01/2026

RETURN TO AGENDA
City of Madera City Council Minutes
205 W. 4th Street June 24, 2026
Madera, CA 93637 Page 2 of 2
B-1 Presentation and Adoption of the Fiscal Year 2026/27 Proposed Budget Recommendation: 1. Conduct a Public Hearing and Adopt the Resolution approving the Operating, Capital, and Debt Budgets for Fiscal Year 2026/27

2. Adopt a Resolution Establishing an Appropriations Limit for Fiscal Year 2026/27 in the amount of $65,224,052 (Report by Michael Lima)

ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM B-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.

RES 26-116 RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA ADOPTING THE BUDGET OF THE CITY OF MADERA FOR THE FISCAL YEAR JULY 1, 2026 THROUGH JUNE 30, 2027 IN THE AMOUNT OF $242,058,898 AND THE FIVE‐YEAR CAPITAL IMPROVEMENT PROGRAM
RES 26-117 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA ADOPTING THE APPROPRIATIONS LIMIT FOR THE 2026/2027 FISCAL YEAR
B-2 Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Subsidiary Body Meetings
Recommendation: Adopt a Resolution Adopting the Policy Governing Remote Participation and Enhancement of Public Participation in City Council and Subsidiary Body Meetings (Report by Alicia Gonzales)

ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER EVANS, ITEM B-2 WAS APPROVED BY A 6/0 VOTE. ABSENT: COUNCILMEMBER RODRIGUEZ RES 26-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,

CALIFORNIA, ADOPTING A POLICY GOVERNING REMOTE PARTICIPATION

AND ENHANCEMENT OF PUBLIC PARTICIPATION IN CITY COUNCIL AND

SUBSIDIARY BODY MEETINGS
FUTURE MEETING DATES:
 Wednesday, July 1, 2026
 Wednesday, July 15, 2026
ADJOURNMENT: Meeting was adjourned at 6:52 p.m.
_____________________________________ ___________________________________ ALICIA GONZALES, City Clerk CECELIA K. GALLEGOS, Mayor
_____________________________________

MINUTES PREPARED BY
ZELDA LEÓN, Deputy City Clerk

REPORT TO CITY COUNCIL
Approved by:
_________________________________
Council Meeting of: July 01, 2026
Agenda Number: B-2
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Informational Report on Register of Audited Demands
RECOMMENDATION:

Review Register of Audited Demands Report for June 6 to June 19, 2026 SUMMARY:

The Register of Audited Demands for the City covering obligations paid during the period of June 6 to June 19, 2026, is summarized in the following tables. Attachment A contains Warrants while Table 2 is a summary of the wire transfers.

Table 1: Warrant Distribution Summary
Description Check #’s Amount
General Warrants 45810 – 45837 $1,852,571.04
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $764,013.60
SDI EDD $3,530.17
CalPERS Payment CalPERS $330,890.97
DISCUSSION:

Warrant requests are processed weekly based on the Fiscal Year 2025/2026 Adopted Budget and released for payment every Monday. Each demand has been audited, and the Finance Director hereby certifies as to their accuracy and that there were sufficient funds for their payment. Per

RETURN TO AGENDA
request of City Council, we have included the departments from which each of the respective warrants were requested as well as the fund/division description from which they were paid.

FINANCIAL IMPACT:

Demands for payments are made within the constraints of the Fiscal Year 2025/2026 Adopted Budget.

ALTERNATIVES:

Informational only.

ATTACHMENTS:

Register of Audited Demands

CHECK PAY DATE PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 45810 06/16/2026 Arterial/Collector STOCKBRIDGE GENERAL CONTRACTING INC. FRESNO-MADERA FEDERAL LAND BANK REIMBURSEMENTT 432,933.97 45810 06/16/2026 Water Pipe Dev Imp Fee STOCKBRIDGE GENERAL CONTRACTING INC. FRESNO-MADERA FEDERAL LAND BANK REIMBURSEMENTT 44,345.60 45810 06/16/2026 Storm Drain NW Quad STOCKBRIDGE GENERAL CONTRACTING INC. FRESNO-MADERA FEDERAL LAND BANK REIMBURSEMENTT 187,337.76 45811 06/16/2026 Computer Replacement ZOHO CORPORATION SOFTWARE LICENSE RENEWAL 34,971.00 45812 06/16/2026 Fleet Maintenance O'REILLY AUTOMOTIVE STORES, INC. BOSCH OFF-ROAD DIA CABLES 2,706.25 45813 06/16/2026 CDBG Public ImprovementsUNITED PAVEMENT MAINTENANCE, INC. R-97 CLINTON ST SEWER AND WATER MAIN PROJECT 17,371.05 45813 06/16/2026 Water Capital Outlay UNITED PAVEMENT MAINTENANCE, INC. R-97 CLINTON ST SEWER AND WATER MAIN PROJECT 16,363.52 45814 06/16/2026 Water Capital Outlay RPA WAKEFILED & HOPPER, INC. PROPERTY APPRAISAL SERVICES 3,200.00 45815 06/16/2026 Fleet Maintenance TERESA LYNN COSBY EV TRAINING 11,000.00 45816 06/16/2026 STREETS Z.A.P. MANUFACTURING, INC SIGNS 5,509.66 45817 06/16/2026 Fire N6 FIRETACTICS LLC TRAINING - FIRE 4,500.00 45818 06/16/2026 Central Admin ALAN R ALVOD CONSULTING SERVICES - HEARING OFFICER 712.00 45819 06/16/2026 General Fund BLUE SHIELD OF CALIFORNIA CITY PAID RETIREE RX BILL 07/01/26-12/01/26 1,366.80 45820 06/16/2026 SUPP LAW ENF CARAHSOFT TECHNOLOGY CORPORATION FORENSIC SOFTWARE 20,833.60 45821 06/16/2026 COMPUTER MAINT COMCAST SERVICES 8155500320322006 05/26 92.88 45822 06/16/2026 Finance DATAPROSE, LLC BL GROSS RECEIPT 4,152.84 45823 06/16/2026 STREETS ENNIS TRAFFIC SAFETY SOLUTIONS TRAFFIC PAINT 5,336.30 45824 06/16/2026 Central Admin LEAGUE OF CALIFORNIA CITIES 2026 CAL CITIES MEMBERSHIP DUES 23,478.00 45825 06/16/2026 General Fund MADERA COUNTY TSA MCC12403-A-24 FY 25/26 Q4 151,019.84 45826 06/16/2026 Sr Citizen Community Ser. PETTY CASH - PARKS DEPT. e PETTY CASH REIMBURSEMENT 19.44 45827 06/16/2026 Water Capital Outlay PROVOST & PRITCHARD CONSULTING DESIGN SERVICES FOR W-000009 775.80 45828 06/16/2026 Water Capital Outlay ROLFE CONSTRUCTION INC. W-43 WATER MAIN REPLACEMENT PROJECT 879,738.85 45829 06/16/2026 Planning BLDING/PLAN REFNDS REIMBURSE FEES 50.00 45830 06/16/2026 Planning BLDING/PLAN REFNDS REIMBURSE PPL FEES 4,151.25 45831 06/16/2026 General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - ROTARY PAVILION 50.00 45832 06/16/2026 General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - SUNRISE ROTARY PAVILION 50.00 45833 06/16/2026 General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 45834 06/16/2026 General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC FIELD 50.00 45835 06/16/2026 General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - PAN AM GYM 200.00 45836 06/16/2026 General Trust Fund OTP- PARKS REFUNDS DEPOSIT REFUND - LTC PAVILION 50.00 45837 06/16/2026 SOLID WASTE OTP- UB REFUNDS UB 9919348 228 RIVER POINTE CREDIT REFUND 27.86 45837 06/16/2026 Water Fund OTP- UB REFUNDS UB 9919348 228 RIVER POINTE CREDIT REFUND 73.07 45837 06/16/2026 Sewer Fund OTP- UB REFUNDS UB 9919348 228 RIVER POINTE CREDIT REFUND 51.30 45837 06/16/2026 Drainage Sys.Operation OTP- UB REFUNDS UB 9919348 228 RIVER POINTE CREDIT REFUND 2.40 $ 1,852,571.04

CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT July 01, 2026
BANK #1 - US BANK GENERAL ACCOUNT TOTAL

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 1, 2026
_________________________________ Agenda Number: ___________ Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Adoption of Updated District Boundary to Include Property Annexed into the City (Adell-D Street Annexation)
RECOMMENDATION:

Waive the full reading and adopt an Ordinance of the City Council of the City of Madera amending Subsection C (3) of Section 2-1.08 of the City Municipal Code to adopt revised district boundaries by title only, including CEQA Guidelines Section 15061(b)(3) determination SUMMARY:

Since the last election, LAFCo approved the Adell-D Street Annexation (LAFCO File No. 2024-02), into the City’s jurisdiction. The annexed territory includes an existing residence and is approved for the additional development ofsingle-family residences. Members of the public residing in this area are not legally allowed to participate in City elections until the City’s District boundaries are also updated. Normally there would not be sufficient time to complete this process by July 1st to allow voting in local elections this November due to the ballot process, etc. To complete this process and allow members of the public residing in the annexed territory to participate in local elections, an ordinance was introduced at the Council meeting on June 17, 2026, to allow for updating district boundaries. The requested action is to adopt the ordinance amending the Municipal Code to finalize the procedural steps to effectuate the process.

BACKGROUND:

Every 10 years Election Code section 2160 requires cities with by-district election systems to redraw their district boundary maps to ensure compliance with the California and federal Voting Rights Acts. This process, called redistricting, ensures that all districts have a nearly equal population. The City adopted its current district boundaries in 2022 based on 2020 census data as required by law. Subsequently, it updated the district boundaries in 2024 to account for continued annexation into the City.

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Since the adoption of the most current boundary maps in 2024, the Adell-D Street Annexation was completed. This annexation is adjacent to District 3 and includes territory with one occupied existing residence and is approved for the additional development of single-family residences.

While the area is in the City, it is not within a Council district, thus the Council District boundaries must be modified to incorporate the annexed area to allow for voting in City elections.

DISCUSSION:

State laws set strict criteria for the updates of the district boundaries in such circumstances.

Specifically, the City Council is required to add the new territory "to the nearest existing Council district” without changing the boundaries of other Council district boundaries. As a result, the City’s discretion is limited regarding the present annexation.

As District 3 is the “nearest existing Council district” to the annexed property, the ordinance proposes to add the annexed territory to District 3 consistent with the mandatory requirements of State law.

Normally there would not be sufficient time complete this process by July 1st to allow voting in local elections this November due to the ballot process, etc. This would mean that the people living in the City (the annexed area) would not be able to vote in the City’s elections. However, the City Clerk reached out to the County Register of Voters, who graciously provided additional time to the City to provide all of the necessary information so that the ordinance could be adopted at the Council meeting of July 1st. An expedited process to update the District map for District 3 to adopt an ordinance amending the Municipal Code would allow for all people within City limits to be able to vote in City elections this November and thereafter.

FINANCIAL IMPACT:

There is no fiscal impact to modifying the boundaries other than staff time to prepare the necessary staff reports and modify the district boundary description.

ALTERNATIVES:

Decline to adopt the Ordinance at this time or continue the matter to a future meeting.

ATTACHMENTS:

1. Ordinance of the City Council of the City of Madera amending Subsection C (3) of Section 2-1.08 of the City Municipal Code and adopting revised district boundaries ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
AMENDING SUBSECTION (C)(3) OF SECTION 2-1.08 OF CHAPTER 1 OF

TITLE II OF THE MADERA MUNICIPAL CODE AND ADOPTING REVISED

DISTRICT VOTING BOUNDARIES
WHEREAS, in 2010 a voter-approved districting plan was adopted by Ord. 890 that established six Council districts; and
WHEREAS, on March 16, 2022, the City Council adopted Ordinance No. 988 updating the Council district boundaries based on the most recent U.S. Census; and WHEREAS, the annexation of new territory known as the “Adell-D Street Annexation” as well as certain portions of the surrounding area (“Annexed Territory”) into the City was approved by the Madera County Local Agency Formation Commission (“LAFCO”) on February 20, 2025 (LAFCO File No. 2024-02), and became effective on February 20, 2025; and WHEREAS, pursuant to California Elections Code Section 21603(A), “[If] the boundaries of a city expand by the addition of new territory, including through annexation of unincorporated territory or consolidation with another city, the council shall add that new territory to the nearest existing council district without changing the boundaries of other council district boundaries”; and
WHEREAS, the Annexed Territory is immediately adjacent to District 3; and WHEREAS, the area for the Annexed Territory is generally depicted in the graphic representation attached hereto as Exhibit “A”; and
WHEREAS, the City Council now desires to enact this Ordinance to annex the Adell-D Street Annexation into District 3.

NOW THEREFORE, the City Council of the City of Madera does ordain as follows:

SECTION 1. The above recitals are hereby incorporated by reference.

SECTION 2. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 3. Subsection (C)(3) of Section 2-1.08 of Chapter 2 of Title II of the Madera Municipal Code is hereby amended to read in its entirety as follows:
(C) District boundaries. The Council member districts of the city shall have the following legal boundaries:
(3) District 3. The region bounded and described as follows: all of that portion of Madera County bounded and described as follows: beginning at the point of intersection of Foxglove Way and N Granada Dr, and proceeding easterly along Foxglove Way to N Schnoor St, and proceeding northerly along N Schnoor St to Ave 16, and proceeding westerly along Ave 16 to State Rte 99, and proceeding southerly along State Rte 99 to nonvisible boundary, and proceeding northerly along nonvisible boundary to unnamed ramp, and proceeding southerly along unnamed ramp to nonvisible boundary, and proceeding northerly along nonvisible boundary to the Madera city line, and proceeding easterly along the Madera city line to Austin St, and proceeding southerly along Austin St to E Cleveland Ave, and proceeding easterly along E Cleveland Ave to N Lake St, and proceeding southerly along N Lake St to Fresno River, and proceeding westerly along Fresno River to N D St, and proceeding southerly along N D St to E 3rd St, and proceeding westerly along E 3rd St to W 3rd St, and proceeding westerly along W 3rd St to N H St, and proceeding northerly along N H St to Union Pacific RR, and proceeding westerly along Union Pacific RR to N I St, and proceeding northerly along N I St to Roberts Ave, and proceeding westerly along Roberts Ave to N Pine St, and proceeding southerly along N Pine St to N Park Dr, and proceeding easterly along N Park Dr to Foster Ave, and proceeding southerly along Foster Ave to Sunset Ave, and proceeding westerly along Sunset Ave to N Schnoor St, and proceeding northerly along N Schnoor St to W Cleveland Ave, and proceeding westerly along W Cleveland Ave to N Granada Dr, and proceeding northerly along N Granada Dr to the point of beginning.

Effective July 6, 2024, the region shall also include the additional territory bounded and described as follows: beginning at the point of intersection of the Madera city line and the westerly boundary line of the Madera Irrigation District Lat. 24.2 Canal at the West Adell Street alignment, and proceeding northerly along the westerly boundary of the Madera Irrigation District Lat. 24.2 Canal to a point of intersection with the southerly boundary of the Madera Irrigation District Lat. 24.2 Canal where said canal curves in a westerly direction, and proceeding easterly to Country Club Drive (Rd. 26), and proceeding northerly along Country Club Drive (Rd. 26) to Martin Street, and proceeding easterly along Martin Street to North D Street, and proceeding southerly along North D Street to a point of intersection with the Madera city line at Ellis Street, and proceeding westerly along Ellis Street to Sonora Street, and proceeding southerly along Sonora Street to the Madera city line, and proceeding southwesterly along the Madera city line to West Adell Street, and proceeding westerly along West Adell Street to the point of beginning.

Effective July 1, 2026, the region shall also include the additional territory bounded and described as follows: beginning at the point of intersection of the Madera city line at Adell Street and North D Street and proceeding northerly along N D St to a point of intersection with the Madera city line east of N D St and proceeding easterly and thence southerly along the Madera city line to a point of intersection with Adell St and proceeding westerly along Adell St to the point of beginning.

SECTION 4: The foregoing district boundaries are depicted on, and added to, the “City Council District Boundaries Map” attached hereto as Exhibit “A,” which shall be kept on file in the City Clerk's Office.

SECTION 5: If any article, section, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 6: This ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the ordinance, or a summary of the ordinance, shall be published once in a newspaper of general circulation.
* * * * * * *
Exhibit “A”: City Council District Boundaries Map
Exhibit “A”
City Council District Boundaries Map
(Effective July 1, 2026)

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 1, 2026
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Budget Amendment for Annual Weed Abatement
RECOMMENDATION:

Adopt a Resolution approving a budget amendment to the Fiscal Year 2026/27 Operating Budget to appropriate General Fund balance funds for weed abatement services SUMMARY:

The Police Department (MPD) requests City Council approval of a Resolution authorizing a budget amendment to the Fiscal Year 2026/27 Operating Budget. This amendment will appropriate $20,000 from the General Fund balance increasing total program funding from $5,000 to $25,000 to cover escalated annual weed abatement costs. The increased expense could not be anticipated during the initial budget development cycle, as the mandatory inspection and reinspection timelines occurred after the Fiscal Year 2026/27 budget had been finalized.

DISCUSSION:

The Code Enforcement Division completed the annual weed abatement inspection cycle in June 2026, identifying 64 properties in remaining violation. This represents a significant increase in non-compliance compared to last year, where only 26 properties were in violation at reinspection, and only 2 required forced city abatement. Total enforcement and abatement services for calendar 2025 cost $4,400, which served as the historical baseline for the current $5,000 fiscal year budget. Due to the tripling of non-compliant properties requiring immediate abatement to mitigate seasonal fire risks, the current allocation is insufficient to cover the expanded workload.

The City is entitled to full cost recovery of all municipal expenses incurred for weed abatement services. These costs will be recovered through a special assessment applied to the respective owner’s property taxes, establishing a formal property lien. The statutory process to apply these B-4

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special assessmentsrequires a Public Hearing and Council approval. Staff will initiate the property lien and cost-recovery process at a future Council meeting once abatement actions are concluded.

FINANCIAL IMPACT:

Approval of the Resolution will amend the Fiscal Year 2026/27 Operating Budget by appropriating $20,000 from the General Fund unassigned balance, bringing the total program budget to $25,000. These expenses were not included in the adopted budget due to an unpredictable spike in non-compliant properties. Sufficient unassigned fund balance is available to support this request.

ALTERNATIVES:

Council may elect not to approve the resolution; however, doing so would leave overgrown weeds unmitigated presenting fire and public safety hazards. Additionally, the properties would remain in continuous violation of the Municipal Code.

ATTACHMENTS:

1. Resolution approving budget amendment

2. Exhibit A – Budget Amendment
RESOLUTION NO. 26-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

AUTHORIZING AND APPROVING AN AMENDMENT TO THE CITY OF
MADERA FISCAL YEAR 2026/2027 BUDGET TO APPROPRIATE GENERAL

FUNDS FOR THE COST OF WEED ABATEMENT SERVICES
WHEREAS, the City of Madera has an Adopted Budget for Fiscal Year 2026/2027; and WHEREAS, the City desires to amend the adopted Budget to reflect the accurate cost of weed abatement; and
WHEREAS, the amendment to the City of Madera Fiscal Year 2026/2027 Budget, listed in Exhibit A, attached hereto, is necessary to appropriate funds for the expenditure of the services.

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

1. The above recitals are true and correct.

2. Funds shall be appropriated in the Fiscal Year 2026/27 Adopted Budget in the amount of $20,000 from available General Fund balance in the Code Enforcement Weed Abatement Expense account to fund the cost of weed abatement services.

3. The City Clerk is authorized and directed to forward a copy of the resolution to the Director of Financial Services who is authorized to take such action as necessary to implement the terms of this resolution.

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

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

GENERAL FUND
1020 10204400 4900 20,000.00
1020 10204400 6437
Budgetary Carryover
Weed Abatement Expense 20,000.00
TOTALS 20,000.00 20,000.00

EXHIBIT A
CITY OF MADERA FISCAL YEAR 2026/27 BUDGET APPROPRIATION

FOR WEED ABATEMENT
1 REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: July 1, 2026
_________________________________ Agenda Number: ____
Alicia Gonzales, City Clerk
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

General Election for Council Districts 1, 3, and 5
RECOMMENDATION:

Adopt a Resolution calling for and requesting consolidation of the City’s General Municipal Election with the General Election on November 3, 2026, for the election of City Council elected to serve as Mayor and Council Districts 1, 3, and 5; and requesting that the Madera County Clerk render election services relating to the conduct of the election SUMMARY:

The term of office for the representatives for Districts 1, 3, and 5 are set to expire at the first Council meeting in December of this year. The Resolution under consideration calls for the consolidation of the City’s general municipal election with the statewide general election on Tuesday, November 3, 2026, and requests that the Madera County Clerk conduct the election.

City Council members serve four-year terms.

DISCUSSION:

Pursuant to California Elections Code §10403, the City must file a Resolution with the Madera County Board of Supervisors by August 7, 2026, at least 88 days prior to the election. The Resolution requests that the Madera County Board of Supervisors authorize the consolidation of the City’s general election with the general election on November 3, 2026, and that the Madera County Clerk conduct the election. City Council members serve four-year terms.

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Table 1 identifies the current Councilmembers and their respective term expiration dates.

Table 1: Councilmembers and Terms of Office
District Councilmember Term Expires
Citywide Mayor Gallegos 2028
1 Councilmember Zacharia 2026
2 Councilmember Rodriguez 2028
3 Councilmember Montes 2026
4 Councilmember Evans 2028
5 Councilmember Mejia 2026
6 Councilmember Villegas 2028
FINANCIAL IMPACT:

The cost for election services for the four Council seats is estimated at $86,500. Funding for these services is included in the Fiscal Year 2026/27 budget. Should actual costs exceed the budgeted amount, a budget amendment will be presented to the City Council for consideration.

ALTERNATIVES:

There is no practical alternative. Although the City may decide to hold a standalone election, there is insufficient time to put together such an election and the costs would be significantly greater.

ATTACHMENT:

1. Resolution
RESOLUTION NO. _______

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

CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A GENERAL

MUNICIPAL ELECTION FOR THE ELECTION OF CERTAIN MUNICIPAL OFFICERS OF THE CITY OF MADERA FOR COUNCIL MEMBERS OF DISTRICTS 1, 3, AND 5,

AND FOR THE ELECTION TO BE HELD IN THE CITY OF MADERA ON NOVEMBER 3, 2026 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES; REQUESTING

CONSOLIDATION THEREOF WITH THE STATEWIDE ELECTION TO BE HELD ON THE SAME DATE; AND REQUESTING THAT THE MADERA COUNTY BOARD OF

SUPERVISORS AUTHORIZE THE MADERA COUNTY CLERK TO RENDER

SPECIFIED SERVICES TO THE CITY OF MADERA RELATING TO THE CONDUCT

OF THE GENERAL MUNICIPAL ELECTION
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a general municipal election shall be held on November 3, 2026 in the City of Madera, for the election of three members of the City Council to be elected by district for a term of four years for Council Districts 1, 3, and 5; and
WHEREAS, Section 10002 of the Elections Code of the State of California provides that the governing body of the city may by resolution request the board of supervisors of the county to permit the county clerk to render specified services to the city relating to the conduct of elections; and
WHEREAS, the City Council desires to call such election and request its consolidation with the statewide election to be held on the same date and have the Madera County Clerk perform specified election services to the City of Madera.

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

1. Pursuant to the Elections Code ofthe State of California there is called and ordered held in the City of Madera, California, on Tuesday, November 3, 2026, a general municipal election ofthe qualified electors ofthe City of Madera forthe election ofthree members of the City Council to be elected by district for a term of four years for Council Districts 1, 3, and 5.

2. Theballotstobeused attheelection shall beinsuchformand content asmay berequired by law to be used at the election.

3. Pursuant to Section 10002 of the Elections Code, the City requests the Board of Supervisors of the County of Madera to permit the Madera County Clerk to render specified services to the City relating to the election.

4. The Madera County Clerk is authorized and directed to do any and all things necessary in order to ensure the lawful conduct of the election.

5. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding elections in the City of Madera that are consolidated with any other election.

6. Notice of time and place of holding the election is given and the Madera County Clerk is authorized and directed to give such further or additional information in the time, form and manner as required by law in connection with theelection.

7. Pursuant to Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Madera is hereby requested to consolidate the election referred to herein with the statewide election to be held on Tuesday, November 3,2026.

8. For and in consideration of the election services rendered by the Madera County Clerk, the City of Madera agrees to pay to Madera County the proportionate share of reasonable expenses of said election, said share to consist of all direct costs as determined by the Madera County Clerk to be directly related to the conduct of the City of Madera's general municipal election together with the City's proportionate share of the expenses for election services rendered by Madera County that are being shared equally with other jurisdictions, if any, by virtue of the consolidation of the City's municipal election with elections being held by other jurisdictions, if any, in the City of Madera on November 3, 2026.
* * * * * * * **

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 1, 2026
Agenda Number: ___________
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:

Schnoor Avenue Sidewalk Construction, City Project R-58, CMAQ 5157(123) RECOMMENDATION:

Adopt a Resolution Approving the Contract Award for the Schnoor Avenue Sidewalk Construction, City Project R-58, CMAQ 5157(123) in the amount of $445,731.80 to Pacific Coast Construction and Land Co. and adopting a CEQA Class I (Existing Facilities) categorical exemption for the project
SUMMARY:

On June 9, 2026, the City of Madera (City) received twelve bids in response to an Advertisement for Bids for Schnoor Avenue Sidewalk Construction, City Project R-58, CMAQ 5157(123). Of the bids received, Pacific Coast Construction and Land Co. submitted the lowest responsive and responsible bid. Funding is from Congestion Mitigation and Air Quality (CMAQ), Local Transportation Funds (LTF) and Regional Surface Transportation Program (RSTP) Exchange funds.

BACKGROUND:

The City was awarded CMAQ funding for two sidewalk projects. The Schnoor Avenue Sidewalk Construction, City Project R-58, CMAQ 5157(123) is the first of the two projects. The second, which bid on June 16, 2026, is R-93 Washington School Sidewalk Construction Project.

The City prepared the plans and specifications using an outside consultant and then processed them through the Caltrans Local Assistance Program for approval prior to releasing them for public bidding. City Staff prepared the bid package.

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DISCUSSION:

The project limits are Schnoor Avenue from Sunset Avenue to University Avenue near the Fresno River. The total length is approximately 1,700 lineal feet for sidewalks on both sides of the street.

The work consists of grading, new sidewalk and drive approaches, landscaping, irrigation systems, and alterations to existing front yards.

On May 13, 2026, the City released the project for public bidding on the City’s PlanetBids web portal. A “Notice Inviting Bids” was duly published in the Madera Tribune on May 13 and May 16, 2026. Bidders downloaded the plans and specifications from PlanetBids.

On June 9, 2026, 12 bids were received. The bids were checked for accuracy against bidding requirements, validity of licenses, and bid security. The bids received are summarized in Table 1.

The lowest bid from Spektren Engineering Inc. requested to withdraw their bid due to an administrative error on the bid schedule. Their request which was timely submitted, established that a material mistake was made, and that the mistake was made in filling out the bid and not due to error in judgment or due to carelessness in inspecting the site of the work or in reading the plans or specifications. Staff determined the contractor’s request for relief met the requirements of Public Contract Code section 5103 and approved the withdrawal of the bid.

The second lowest bid, Badillo Construction and Engineering Inc., was found to be nonresponsive due errors in the required forms at time of bid. Additionally, they did not submit the required California Air Resources Board forms and a letter confirming they would be performing Table 1: Bid Summary
Bidder Bid
Spektren Engineering Inc (Withdrew Bid) $315,019.00
Badillo Construction and Engineering Inc (Rejected) $435,260.50 Pacific Coast Construction and Land Co. $445,731.80
Seal Rite Paving $452,349.30
Zara Construction Inc. $518,175.00
American Paving Co. $528,282.10
JT2 Inc dba Todd Companies $538,750.00
Juarez Brothers General Engineering Inc $549,504.00
Granite Construction Co. $646,011.00
Avison Construction Inc. $667,713.00
Platinum General Engineering LLC $687,885.49
United Pavement Maintenance Inc. $692,113.00
Engineer’s Estimate $429,717.77
30 percent or more of the net contract within the required three business days after bid.

The third lowest bid was Pacific Coast Construction and Land Co. was found to be responsive and responsible
The project construction budget and funding sources are based on award to the lowest responsive and responsible bidder and are outlined in Table 2 below.

Table 2: Project Budget
Line Item Amount
Pacific Coast Construction and Land Co. Contract $445,731.80 Project Contingency (10%) $44,573.00
Construction Management, Inspection and Testing $66,860.00 Total Project Budget $557,164.80
Funding Source
Congestion Mitigation and Air Quality (CMAQ) $113,000.00 Regional Surface Transportation Program (RSTP) $200,000.00 Local Transportation Funds (LTF) $244,164.80
Total Funding Source $557,164.00
Staff recommends award of the project to Pacific Coast Construction and Land Co. in the amount of $445,731.80 and a provision of 10 percent of the contract amount for Project contingencies as approved by the City Engineer.

ENVIRONMENTAL REVIEW:

A preliminary environmental assessment was performed which determined that this project would be categorically exempt pursuant to the CEQA Guidelines section 15301(c) Existing Facilities, as the project would consist of alterations to existing landscape parkways which do not create additional automobile lanes. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable. Caltrans, as the lead agency for National Environmental Policy Act (NEPA), due to the federal funding on the project, determined the Project is a Categorical Exclusion under 23 CFR 771.117 (c) activity (c)(26).

FINANCIAL IMPACT:

There is no fiscal impact on the City’s General Fund. Funding for this project comes from CMAQ, LTF Streets, and RSTP Exchange Funds.

ALTERNATIVES:

An alternative to awarding the contract is for Council to reject all bids. This would result in rebidding the project with risk of an increase in cost and delaying the construction.

ATTACHMENTS:

1. Project Map

2. Resolution – Contract Award
a. Exhibit A – Contract Agreement
Attachment 1
Project Map
Project Map
Attachment 2
Resolution
RESOLUTION NO. 26-

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

CALIFORNIA APPROVING THE CONTRACT AWARD FOR SCHNOOR AVENUE SIDEWALK CONSTRUCTION, CITY PROJECT R-58, CMAQ CML 5157 (123), IN THE AMOUNT OF $445,731.80 TO PACIFIC COAST CONSTRUCTION AND LAND CO. AND AUTHORIZING CONTRACT CONTINGENCIES RELATED TO

THE CONTRACT
WHEREAS, on May 13, 2026 the City of Madera (City) Engineering Department advertised a solicitation for construction bids for Schnoor Avenue Sidewalk Construction, City Project R-58, CMAQ CML 5157 (123); hereinafter referred to as “the Project”; and WHEREAS, 12 sealed bids were received on June 9th, 2026 and opened by the City Engineer; and
WHEREAS, apparent low bidder Spektren Engineering, Inc. submitted a withdrawal of bid due to a mistake; and
WHEREAS, the second low bidder, Badillo Construction and Engineering, Inc. (Badilla) did not fully execute federally required forms and submit in the specified three days of bid opening as required by the bid documents to be submitted with the bid.

WHEREAS, omission of the federally required is not inconsequential.

WHEREAS, Pacific Coast Construction and Land Co. submitted the lowest bid and was deemed a responsive and responsible bidder; and
WHEREAS, funding for the Project is programmed in the Capital Improvements Projects Budget for Fiscal Year 2025/26 under Capital Improvement Program (CIP) Project R58.

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 (Council) has reviewed and considered all information presented including the report to Council from the Engineering Department.

3. Council finds the requirements of Public Contract Code section 5103 have been met to grant a withdrawal of bid from Spektren Engineering, Inc. The City Council finds that the letter and communications from Spektren Engineering, Inc. were timely submitted, establishes that a material mistake was made, and the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work or in reading the plans or specifications. As such, the City Council determines the contractor’s request for relief meets the requirements, and approves the withdrawal of the bid from Spektren Engineering, Inc.

4. The City rejects the bid by Badilla Construction and Engineering, Inc. failed to submit the following items with it bid: 1) California Air Resources Board form, 2) A letter confirming they would be performing 30 percent or more of the net contract.

These items are required by the bid instructions, are material to the bid, and are not inconsequential. As such the City Council rejects the bid by Badilla Construction and Engineering, Inc.,as non-responsive.

5. The City finds that Pacific Coast Construction and Land Co. is the lowest responsive and responsible bidder.

6. The Contract for the Project in the amount of $445,731.80 to Pacific Coast Construction and Land Co., a copy of which is attached hereto as Exhibit A and referred to for particulars, is approved.

7. The City has performed a preliminary environmental assessment and finds and determines that this project fall within the CEQA Guidelines section 15301(c) Existing Facilities, as the project would consist of alterations to existing landscape parkways which do not create additional automobile lanes. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable. The Project is a CEQA Categorical Exclusion under 23 CFR 771.117 (c) activity (c) (26).

8. Council authorizes Construction Contingencies of up to 10 percent as approved by the City Engineer.

9. This Resolution is effective immediately upon adoption. * * * * * *
Exhibit A
Contract Agreement
01425.0006 2155299.1

AGREEMENT
THIS AGREEMENT made this day of __ , 2026, between the City of Madera, hereinafter called “CITY”, and Pacific Coast Construction and Land Co. doing business as a corporation, hereinafter called “CONTRACTOR”.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The CONTRACTOR shall commence and complete all WORK required for the ‘SCHNOOR AVENUE SIDEWALK CONSTRUCTION, CITY PROJECT R-58, CMAQ CML 5157 (123)’

2. 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 herein.

3. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within the time period set forth in the CONTRACT DOCUMENTS. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $ 445,731.80 each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK.

4. The CONTRACTOR agrees to perform all of the WORK described in the DOCUMENTS for the unit and lump sum prices set forth in the Bid Schedule.

5. The term “CONTRACT DOCUMENTS” means and includes the following:
(A) Advertisement for Bids
(B) Information for Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Agreement
(F) Payment Bond
(G) Performance Bond
(H) Insurance Requirements for Contractors
(I) General Conditions
(J) Special Conditions
(K) City of Madera Standard Specifications and Drawings (L) State Standard Plans and Specifications
(M) PLANS and SPECIFICATIONS prepared or issued by CITY OF MADERA, entitled ‘SCHNOOR AVENUE SIDEWALK CONSTRUCTION, CITY PROJECT R-58, CMAQ CML 5157 (123)’ MAY 2026
(N) CARB DOORS Certificate
(O) LETTER FROM BIDDER THAT BIDDER WILL PERFORM NOT LESS THAN 30% OF THE

TOTAL NET BID AMOUNT

6. In the event the CONTRACTOR does not complete the WORK within the time limit specified herein or within such further time as authorized, the CONTRACTOR shall pay to the CITY liquidated damages in the amount of Three Thousand Five Hundred Dollars ($3,500.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified. 01425.0006 2155299.1

7. The CITY 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. In no event shall total compensation exceed $ 445,731.80 except as may otherwise be authorized in writing per Section 16. For any moneys earned by the CONTRACTOR and withheld by the CITY to ensure the performance of the Contract, the CONTRACTOR may, at CONTRACTOR’S 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. In the event of a dispute between the CITY 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 CITY shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the CITY 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 CITY shall reimburse CONTRACTOR for any added costs CONTRACTOR may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the CITY’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 CITY, 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 City. 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 City, the following provisions are provided for the resolution of disputes which cannot be resolved by the City 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 City to comply with Public Contract Code Sections 9204 and 20104 et. seq.

A. Claims:

The term “claim” refers to a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

1. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by City under this Contract.

2. Payment by the City 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.

3. Payment of an amount that is disputed by the City.

B. The Claim Must Be Timely and in Writing:

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

Upon receipt of a claim pursuant to this section, the City 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, City 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 City and the Contractor. The City's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation.

D. City Council Approval:

If the City 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 City shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

E. Payment of Claim:

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

F. Meet and Confer:

If the Contractor disputes the City’s written response, or if the City 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 City 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 City 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 City 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 City and the Contractor sharing the associated costs equally.

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

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

G. Filing a Government Code Written Claim Notice:

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

H. City’s Failure to Respond to Claim:

Failure by the City 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 City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor.

I. [Reserved.]
J. Subcontractor Claims:

If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against City because privity of contract does not exist, the Contractor may present to the City 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 City 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 City and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

K. Filing of Action on Unresolved Claims:

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

9. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
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“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. 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. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1775 of the Labor Code of the State of California. The CONTRACTOR shall, as a penalty to the CITY, forfeit fifty dollars ($50.00) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates for such work or craft in which such workman is employed for any public work done under the Contract by him or by any SUBCONTRACTOR under him. The difference between such prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than a prevailing wage rate, shall be paid to each workman by the CONTRACTOR.

12. The CONTRACTOR shall comply with Part 7, Chapter l, Article 2, Section 1776 of the Labor Code of the State of California. 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 CITY, 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 noncompliance 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. Should non-compliance still be evident after the ten (10) day period, the CONTRACTOR shall, as a penalty to the CITY forfeit twenty-five dollars ($25.00) for each calendar 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.

13. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR under him. It is the CONTRACTOR’S responsibility to ensure compliance by both itself 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 CONTRACTOR employs apprentices in the 01425.0006 2155299.1
craft or trade in the State on all of CONTRACTOR’s 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 one-thirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(d) 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 CONTRACTOR 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, 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.

14. 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 workman is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property.

The CONTRACTOR doing the work, or his duly authorized agent, shall file with CITY a report, verified by 01425.0006 2155299.1
the agent’s oath, setting forth the nature of the said emergency, which report shall contain the name of said worker and the hours worked by him on the said day, and the CONTRACTOR and each SUBCONTRACTOR shall also keep an accurate record showing the names and actual hours worked of all workers employed by him in connection with the work contemplated by this Agreement, which record shall be open at all reasonable hours to the inspection of the CITY, or its officer or agents and to the Chief of all Division of Labor Statistics and Law Enforcement of the Department of Industrial Relations, his deputies or agents; and it is hereby further agreed that said CONTRACTOR shall forfeit as a penalty to the CITY the sum of Twenty-Five Dollars ($25.00) for each laborer, workman or any SUBCONTRACTOR under him for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of this stipulation.

Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the CITY. 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 CITY shall deduct such charges from payments due the CONTRACTOR.

15. 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.

16. The CONTRACTOR and the CITY 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 supplemental agreement or change order and approved and signed by the CITY and the CONTRACTOR. It is specifically agreed that the CITY 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 contract 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.

17. 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 01425.0006 2155299.1
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.

18. Contractor must comply with the insurance requirements as described in the section “INSURANCE REQUIREMENTS FOR CONTRACTOR”, pages 47-48 of the Contract Documents.

19. 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.

20. Termination.

A. This Agreement may be terminated at any time by either party upon fifteen (15) calendar days written notice. In the event the Agreement is terminated by either party, Contractor shall be compensated for services performed to the date of termination based upon the compensation rates and subject to the maximum amounts payable agreed to together with such additional services performed after termination which are authorized in writing by the City representative to wind up the work performed to date of termination.

B. City may immediately suspend or terminate this Agreement in whole or in part by written notice where, if in the determination of City, there is:

1. An illegal use of funds by Contractor;

2. A failure by Contractor Inc to comply with any material term of this Agreement;

3. A substantially incorrect or incomplete report submitted by Contractor to City.

In no event shall any payment by City or acceptance by Contractor constitute a waiver by such party of any breach of this Agreement or any default which may then exist on the part of either party. Neither shall such payment impair or prejudice any remedy available to either party with respect to such breach or default. City shall have the right to demand of Contractor the repayment to City of any funds disbursed to Contractor under this Agreement which, as determined by the appropriate court or arbitrator, were not expended in accordance with the terms of this Agreement.

Notice of termination shall be mailed to the City:
01425.0006 2155299.1
City of Madera
Engineering Department
428 E. Yosemite Avenue
Madera, Ca 93638
To the Contractor
Notices. All notices and communications from the 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.

21. Compliance With Laws Contractor shall comply 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.

22. 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 Fresno.

23. 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.

24. [Reserved]

25. 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.

26. 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.

27. 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 Contractor shall perform its work and functions. The 01425.0006 2155299.1
Contractor 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. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. In addition, Contractor 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, Contractor may be providing services to others unrelated to City or to this Agreement.

28.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.

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

30. 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. Contractor agrees to the same.

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).

31. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.
/REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the date first above written.

CITY OF MADERA
By:

Cecelia K. Gallegos, Mayor
APPROVED AS TO FORM:

Shannon L. Chaffin, City Attorney
ATTEST:

Alicia Gonzales, City Clerk
PACIFIC COAST CONSTRUCTION AND LAND CO (“CONTRACTOR”)
BY:

Title:

Federal Tax I.D. No.

Contractor License Number

DIR Registration Number
Attachment A) General Wage Decision No. CA20260018, 5/18/2026 Attachment B) Form FHWA 1273 required to be incorporated into all contracts with Contractors and Subcontractors.

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

Attachment A
General Wage Decision No. CA20260018, 5/18/2026

Attachment B
Form FHWA 1273
1 APPENDIX F
FHWA FORM 1273
FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102. The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b).

The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S.

Department of Labor (US DOL) and FHWA requirements.
0 1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5). b. The contractor will accept as its operating policy the following statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.
b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 1 within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph.

In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.
b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as nonresponsible. c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
0 (1) The number and work hours of minority and nonminority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and nonminority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)
a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH– 1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:
(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
1 (ii) The classification is used in the area by the
construction industry; and
(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.
(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.
c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(ii) The classification is used in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.
(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.
(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.
e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)
a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 2 2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)
a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.
(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.
(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.
b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Actscovered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system. (2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency. (3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:
(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete; (ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.
(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
3 (5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.
(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.
(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.
d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.
(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.
(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)
a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.
(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.
(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.
b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 4 the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
c. The penalty for making false statements is prescribed in the U.S.

Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or
d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 5 mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.
* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages
a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:
(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;
(2) A contracting agency for its reprocurement costs;
(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;
(4) A contractor's assignee(s);
(5) A contractor's successor(s); or
(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier
subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:
a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;
b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;
c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or
d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
6 (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on longstanding interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635).

The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR Part 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
7 IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR

2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200, Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.
d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
8 2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).
b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 9 excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325. * * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:
(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and
(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)
b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 10 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the
contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to
qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly
residing in the area are not available.
b. For the reasonable needs of the contractor to
employ supervisory or specially experienced personnel
necessary to assure an efficient execution of the
contract work.
c. For the obligation of the contractor to offer
employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this
subparagraph (1c) shall not exceed 20 percent of the
total number of employees employed by the contractor on the contract work, except as provided in subparagraph
(4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees
required in each classification, (c) the date on which the participant estimates such employees will be required,
and (d) any other pertinent information required by the State Employment Service to complete the job order
form. The job order may be placed with the State
Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all
qualified job applicants referred to him by the State
Employment Service. The contractor is not required to
grant employment to any job applicants who, in his
opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference
for the use of mineral resource materials native to the 11 Appalachian region.

6. The contractor shall include the provisions of
Sections 1 through 4 of this Attachment A in every
subcontract for work which is, or reasonably may be,
done as on-site work.

REPORT TO CITY COUNCIL
Approved by:

Council Meeting of: July 1, 2026
_________________________________ Agenda Number: ___________ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Community Development Block Grant Program Application Notification Process RECOMMENDATION:

No recommendations are presented with this report
SUMMARY:

At its June 17, 2026 meeting, Council expressed an interest in learning about and discussing the notification process for Community Development Block Grant (CDBG) awards and how that process could be enhanced or expanded. The City currently notifies potential stakeholders at the beginning of the annual award process through a variety of means; including via email, posted in the Madera Tribune, posted on the City’s website, and shared with Council and the Block Grant Commission (BGC). Staff believes the process could be enhanced by updating the existing stakeholder list through Council and BCG input, as well as extending the application deadline.

DISCUSSION:

The City is an entitlement grantee under the U.S. Department of Housing and Urban Development (HUD). HUD requires entitlement grantees to adopt a comprehensive, long-term plan known as the Five-Year Consolidated Plan (Con Plan). HUD annually allocates CDBG and HOME funding to participating jurisdictions. Each year, the City is eligible to apply for and receive the funds through the development and submittal of an Annual Action Plan (AAP), which addresses the needs identified in the current five-year Con Plan.

Federal statutory regulations require the City to adopt a Citizen Participation Plan (CPP) that serves as the official guidelines for promoting public participation in the AAP and Con Plan planning process, any amendments to the Plans, and Annual Performance Reports. While there E-1

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are specific components of the CPP that are statutory, HUD does allow flexibility in other sections of the CPP.

The primary objective of the CPP is to encourage participation from very low and low-income community members. While the CPP does not specifically detail the application process for CDBG, it does identify the following:
 Information related to fostering community participation, including public notice requirements. Guidance on where the Notice of the annual CBBG allocations are shared include, but are not limited to, the local newspaper, via email to local stakeholders, and/or social media sites.
 The notice for public comments must include the 30-day public review period and dates/locations of public input meetings.
 These requirements apply to ConPlans, AAPs, and significant amendments to either Plan.

The final deadline by statute to submit AAPs to HUD is August 16th. However, HUD releases an annual Notice that includes guidance on the Plan due dates for each jurisdiction. Due dates are based on two dates: 1) an agency’s program year start date and 2) the date HUD announces grant allocations. Historically, the City’s AAP due date is May 16th. The CDBG application process is based on this submission deadline.

During the Council meeting on June 17, 2026, Councilmembers requested information related to the CDBG application process. Table 1 provides a summary of this process:

Table 1: Summary of the CDBG Application Process
Month Application Process
November/December Annual CDBG application period opens. Notification is provided to stakeholders via email, posted in the Madera Tribune, posted on the City’s website, shared with Council, and the BGC.

January CDBG application period closes.

February/March BGC meeting(s). These are public meetings allowing resident input.

Meeting agendas are posted on the City’s website, at City Hall, shared with the BGC and Council at least 72 hours prior to the meeting.

March 30-day public review period begins
April CDBG draft AAP presented to City Council. Public review period closes.

May Council consideration of the Final AAP. Upon approval from Council, staff submit the AAP to HUD.

While the process detailed above has been utilized for several years, staff does believe the notification process could be enhanced through one or several of these methods:

1. Stakeholder Notification: Staff acknowledges the stakeholder list in use is not exhaustive and encourages Council to provide stakeholder information to broaden this list.

2. Application Time Frame: The CDBG application period is typically open for 30-45 days.

Council may want to consider changing this application window.

These changes may result in an increase in public input and consequently CDBG applications.

CDBG includes three funding categories: 1) Administration, 2) Public Services, and 3) Capital/Public Improvements. As a note to consider, there have been significantly more Public Service funding requests than funding.

FINANCIAL IMPACT:

There is no financial impact involved with the implementation of additional notification alternatives
ALTERNATIVES:

This is an informational report only.

ATTACHMENTS:

There are no attachments.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: July 1, 2026
_________________________________ Agenda Number: ___________ Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Annual Residential Curbside Cleanup Summary
RECOMMENDATION:

This item is informational only; therefore, no Council action is required SUMMARY:

The City, in partnership with Mid Valley Disposal (MVD), successfully conducted the 2026 Annual Residential Curbside Cleanup Program. The program resulted in the collection of over 5 million pounds of material, representing a significant increase of approximately 1.3 million pounds or 30 percent more in comparison to prior years, making this the largest cleanup effort in recent memory.

While the program continues to provide an important service to residents, the 2026 event also presented notable operational challenges, including increased illegal dumping activity, higher volumes of prohibited materials, and the proliferation of illegal dumping sites.

BACKGROUND:

The Annual Residential Curbside Cleanup Program is a Citywide initiative designed to assist residents in disposing of excess trash, bulky items, and other materials not accommodated through regular weekly solid waste service. Funding for the program is incorporated into residents’ monthly solid waste service rates.

The program is available to single-family residential properties within the City limits. This year, the City was divided into two service zones with the following collection dates:

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 Zone 1: February 16 – February 27, 2026
 Zone 2: March 2 – March 13, 2026
Residents were provided with program guidelines in advance, including requirements for proper sorting, placement, and restrictions on ineligible materials. These guidelines were posted to the City’s website, social media, and mailed with Utility Billing invoices.

DISCUSSION:

This year, the City saw a significant increase in participation, which translated into higher overall collection volumes. Mid Valley Disposal reported that over 5 million pounds of refuse were collected citywide, representing an increase of approximately 1.3 million pounds over prior years, the largest volume recorded to date.

In addition to total tonnage, the composition of collected materials reflects the breadth of items disposed through the program, including approximately 66,000 pounds of organics, 230,890 pounds of metal, and 2,507 mattresses.

A year-over-year comparison of collected waste from 2022 through 2026 is provided in Table 1, illustrating the continued growth in program utilization.

Table 1: Curbside Cleanup Annual Summary
Year E-Waste
(tons)(1)
Metals
(tons)(1)
Organics
(tons)(1)
Trash
(tons)(1)
Mattresses
(count) Tires
2022 19 203 2 1,672 1,646 1,849
2023 17 45 N/A 1,496 1,742 1,789
2024 18 44 4.00 1,600 1,841 1,912
2025 20 59 4.10 1,747 2,146 2,020
2026 19 105 30 2,135 2,507 2,267
(1) Rounded to nearest whole number
Noteworthy Trends
 Trash reached highest level and represented a 22 percent increase between 2025-2026  Organics experienced the highest increase this year at 631 percent compared to 2025  Metals increased nearly 76 percent in 2026 compared to prior year  E-waste remains relatively consistent across all years with slight fluctuations Program Enhancements and Tools
The 2026 program incorporated the use of two interactive zone maps, which proved to be a valuable tool for both residents and staff in identifying cleanup zones and scheduled service dates. Previously, residents were required to reference a static zone map and cross-check their zone against a separate key to determine their curbside cleanup dates. This tool allowed residents to simply enter their address and instantly receive their specific curbside cleanup date range. Implementing this tool improved communication and helped streamline coordination efforts throughout the program.

Operational Challenges and Trends
While the program continues to provide significant benefits to residents, the increased participation also introduced operational challenges that impacted efficiency and service delivery.

The most notable issue was a significant increase in illegal dumping activity, including unauthorized dumping sites in alleys, vacant parcels, and roads. In addition, the overall volume and size of debris piles frequently exceeded program guidelines, contributing to longer collection times and requiring additional coordination.

Staff and Mid Valley Disposal also observed increased instances of non-compliance with program requirements, particularly related to improper sorting and the inclusion of ineligible materials.

Common issues included:
 Mixing of debris types, limiting efficient collection and diversion efforts  Placement of hazardous or prohibited materials within curbside piles  Disposal of items not eligible for collection, requiring crews to leave materials behind  Placement of debris beyond scheduled collection dates, requiring multiple return trips to previously serviced areas
These trends collectively resulted in increased operational complexity and reduced efficiency during the cleanup period. The City provides established guidelines intended to support safe and efficient operations, including limitations on pile size, required material separation, and restrictions on hazardous waste. While these guidelines are communicated in advance, compliance challenges persist and appear to be increasing alongside program participation.

Code Enforcement Activity and Public Works Impacts
In addition to the operational challenges described above, the City experienced an increase in illegal dumping activity and public safety concerns during the cleanup period. Code Enforcement issued six (6) citations for illegal dumping violations with notable activity that required Code Enforcement, Police and/or Public Works intervention, including:
 Beat 1
o Fig Street and Yosemite Avenue: Multiple individuals disposed of trash, furniture, and other bulky items blocking the lane of travel for motor vehicles.  Beat 2
o Merced Street and Carmen Avenue: Multiple individuals continuously disposed of trash, furniture, appliances, and other bulky items on the right of way. The dump site expanded over two blocks. The lanes of travel were blocked for travel of motor vehicles.
o Columbia Street and Riverside Drive: Hazardous materials (Sulfur) dumped (Hazmat situation). City staff retained a 3rd party for emergency clean-up.  Beat 3
o National Avenue: The religious facility was not eligible to participate in the event and improperly left piles of tree clippings and cut brush.
 Beat 4
o Valencia Avenue & Parkwood Avenue: Illegal dumping of furniture, trash and debris at the roundabout causing a traffic hazard. The items blocked the roadway for the travel of motor vehicles.
o 100 block of Park Street: The businesses and apartment complexes in this area were not eligible to participate; however, a large pile of bulk items and debris were dumped in right of way.

Following the conclusion of both collection zones, the Public Works Department deployed additional resources to address illegal dumping and non-compliant materials that remained in the public right-of-way. The Safe and Clean Team and one Streets division member were assigned to post-program cleanup efforts, totaling an estimated 85 hours of labor.

In addition, Public Works crews responded to an illegal dumping incident involving a sulfur spill that required specialized cleanup. This response required three Public Works crew members and approximately 12 additional hours to safely remediate the spill site. The total cost of the sulfur spill cleanup was $2,604.60 (not including Staff labor hours), representing an unbudgeted expense directly attributable to illegal dumping activity associated with the program period.

Analysis of Contributing Operational Challenges and Trends Tipping fees at the Madera County Fairmead Landfill have increased substantially in recent years, placing upward pressure on the cost of private waste disposal for residents and contractors operating outside of City-subsidized service. The non-contract (self-haul) rate for Municipal Solid Waste has risen as follows:

Table 2: Tipping fees at Madera Co. Fairmead Landfill (self-haul) Fiscal Year (FY) Cost per ton % increase
2022/23 $25.36 -
2023/24 $67.97 168% increase over FY 22-23
2024/25 $125.74 85% increase over FY 23-24
This represents an increase of nearly 396 percent over a three-year period. These escalating disposal costs make the City’s free annual curbside cleanup an increasingly attractive — and potentially the only economical — disposal option for residents and non-residents alike with large volumes of material. Research consistently links higher landfill tipping fees to increased illegal dumping activity, as the economic incentive to avoid legitimate disposal grows proportionally with the cost of legal disposal.

Illegal dumping in California has been on a sustained upward trajectory since the COVID-19 pandemic. The State’s Clean California program removed over 3.4 million cubic yards of litter and debris from public spaces between July 2021 and August 2025. Nationally, the average landfill tipping fee increased 10% in 2024 alone — the largest single-year increase since 2022 — with California’s average reaching $83.76 per ton. Research by CalRecycle confirms that when legal disposal options are inconvenient or expensive, the incidence of illegal dumping increases; conversely, cities that provide free, accessible bulk disposal alternatives see measurable reductions in dumping. The City’s annual curbside cleanup is consistent with this best-practice approach, though the combination of rising disposal costs, increased program awareness, and proximity to unincorporated areas creates conditions that amplify noncompliance risk as the program grows.

Future Considerations
Given the scale of this year’s program and the challenges encountered, staff will evaluate potential enhancements to improve future program delivery, including coordination with Mid Valley Disposal. In addition, subject to staffing, the City anticipates increasing enforcement.

FINANCIAL IMPACT:

The Annual Curbside Cleanup Program is funded through the City’s Solid Waste Program in coordination with Mid Valley Disposal. This report is informational only and does not include a request for additional appropriations.

The Solid Waste account collects funding to support payments to Mid Valley Disposal for program-related services. However, City staff time associated with program planning, coordination, field operations, administration, and response is not reimbursed through this account.

The City receives a reimbursement of $10 per mattress and for 2025, the City received $1,880 for mattress recycling; however, this amount offsets only a minor portion of the overall program cost. The reimbursement does not meaningfully cover the full cost of program delivery, including staff time, equipment usage, and street sweeping services, which may be funded through separate accounts.

ALTERNATIVES:

None, as this is intended for informational purposes only.

ATTACHMENTS:

1. 2026 Citywide Curbside Cleanup Flyer

2. Photos of illegal dumping sites
Attachment 1: Curbside Clean Up Flyer Pg. 1
Attachment 1: Curbside Clean Up Flyer Pg. 2
Attachment 2: Photos of Illegal Dumping