Update 09/11/26 6:00 p.m. Madera City Council Agenda Page 1 of 6 September 16, 2026
REGULAR MEETING OF THE MADERA CITY COUNCIL
205 W. 4th Street, Madera, California 93637
NOTICE AND AGENDA
Wednesday, September 16, 2026 Council Chambers
6:00 p.m. City Hall
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Update 09/11/26 6:00 p.m. Madera City Council Agenda Page 2 of 6 September 16, 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 Tim Echevarria, Remnant Church
PLEDGE OF ALLEGIANCE:
APPROVAL OF AGENDA:
PRESENTATIONS:
1. Proclamation Recognizing the Retirement of Officer Wayson Juarez
2. Proclamation Recognizing Old Timers Day – Grand Marshal Dennis Smith 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 Vacant Buildings
Recommendation: Waive the First Reading and Introduce by Title Only an Ordinance of the City Council of the City of Madera Amending Chapter 12 of Title IX of the Madera Municipal Code Regarding Vacant Buildings (Report by Giachino Chiaramonte)
A-2 Public Hearing Regarding the Program Year 2025/26 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and Financial Summary Recommendation: Conduct a Public Hearing, Invite Public Input, and Adopt a Resolution Approving the City’s Program Year 2025/26 CAPER and Financial Summary (Report by Michael Lima)
A-3 Ordinance Text Amendment (OTA 2026-03) for the Amendment of Chapter 3 of Title X:
Planning and Zoning of the City Municipal Code
Recommendation: Staff Recommends the City Council Act as Follows: Move to Continue the Public Hearing to the Regular Meeting of the City Council Scheduled to be held on October 21, 2026 (Report by Will Tackett)
Update 09/11/26 6:00 p.m. Madera City Council Agenda Page 3 of 6 September 16, 2026
B. 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.
B-1 Minutes – September 2, 2026
Recommendation: Approve the City Council Minutes of September 2, 2026 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for August 22 to September 4, 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 Amendment to Resolution 26-135 for Fleet Division-related Purchases Recommendation: Adopt a Resolution Approving Amendment to Resolution 26-135 using Sourcewell Piggyback Agreement with National Auto Fleet Group Adding Sales Tax for the Purchase of Two Replacement Pickups (Report by Michael Lima)
B-5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY26 Grant Recommendation: Adopt a Resolution Authorizing Submission of an Application to the Edward Byrne Memorial Justice Assistance Grant Program for Fiscal Year 2026, and Authorizing the City Manager (or designee) to Execute All Related Application Documents (Report by Giachino Chiaramonte) B-6 Request by Bernardo Osuna and Martha Garcia for Connection to the City’s Water System Recommendation: Adopt a Resolution Approving an Agreement for Outside City Limits Water Connection for 16454 North Lake Street (APN 038-081-052) (Report by Keith Helmuth)
B-7 Water Main Replacement Project City Project W-43
Recommendation: Adopt a Minute Order Approving:
1. Acceptance of the Water Main Replacement Project City Project W43; and
2. Recording of Notice of Completion; and
3. Release of Retention 35 days after the Recording of the Notice of Completion (Report by Keith Helmuth)
C. WORKSHOP: None
Update 09/11/26 6:00 p.m. Madera City Council Agenda Page 4 of 6 September 16, 2026
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:
D-1 Change Order for the 2024 Wastewater Treatment Plant Improvement Project WWTP 24-01 for Construction of a New Influent Pump Station (IPS) Wet Well Recommendation: Adopt a Resolution:
1. Approving the Award of a Contract Change Order to Gateway Pacific Contractors, Inc. for the Wastewater Treatment Plant (WWTP) Improvement Project to Construct a New Influent Pump Station Wet Well for $3,300,000 including contingencies of up to $225,000 as approved by the City Engineer; and
2. Authorizing an Amendment to the Fiscal Year (FY) 2026/27 Sewer Fund Capital Projects Organization’s Adopted Budget Appropriating $363,000 of fund balance for the Project (Report by Keith Helmuth) D-2 Award of Bid for Invitation for Bid (IFB) No. 202627-03, Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
Recommendation: Adopt a Resolution Approving an On-Call Agreement to Witbro, Inc. dba Seal Rite Paving and Grading for Asphalt/Concrete Patching On-Call Services (Report by Harpiar Gandhi)
D-3 Award of Bid for Invitation (IFB) No. 202627-05, Road Rehabilitation Various Locations Recommendation: Adopt a Resolution:
1. Approving a Construction Agreement with Avison Construction, Inc. for the Road Rehabilitation Various Locations project, IFB No. 202627-05; and
2. Determining the Project is Categorically Exempt Pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) (Report by Harpiar Gandhi)
D-4 Madera 2026 Road Rehab Bid Package 1, City Project R-80, 98, 104, 108, & 109 Recommendation: Adopt a Resolution:
1. Approving the Contract Award for Madera 2026 Road Rehab Bid Package 1, City Project R-80, 98, 104, 108, & 109 to Consolidated Engineering Inc.; and
2. Determining the Project is Categorically Exempt Pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) (Report by Keith Helmuth)
D-5 FY 2024 Street Rehab and Reconstruction Project, City Project No. R-99 & 2021-22 SB-1 (RMRA) Seals and Overlays, City Project No. R-79
Recommendation: Adopt a Resolution:
1. Approving the Contract Award for FY 2024 Street Rehab and Reconstruction Project, City Project No. R-99 & 2021-22 SB-1 (RMRA) Seals and Overlays, City Project No. R-79 to Avison Construction, Inc.; and
2. Determining the Project is Categorically Exempt Pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) (Report by Keith Helmuth)
Update 09/11/26 6:00 p.m. Madera City Council Agenda Page 5 of 6 September 16, 2026
D-6 Purchase of Rosenbauer Type-1 Custom Fire Engine and Related Budget Amendment Recommendation: Adopt a Resolution Approving a Purchase Agreement for a Rosenbauer Type-1 Fire Engine from Rosenbauer South Dakota, LLC under Sourcewell Cooperative Purchase Contract #082025- RSD and an Amendment to the Fiscal Year 2025/26 Adopted Budget Appropriating $1,263,012 for the Purchase in the Measure K Fire Budget (Report by Larry Pendarvis) D-7 Seventh Amendment to the City Clerk At-Will Employment Agreement Recommendation: This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider and determine whether to adopt the Resolution approving a Seventh Amendment to the City Clerk At-Will Employment Agreement (Report by Wendy Silva)
E. ADMINISTRATIVE REPORTS:
E-1 Selecting Recipients for October Proclamations
Recommendation: Request for Council’s Selection of Recipients for the following Proclamations: Breast Cancer Awareness Month, Indigenous People’s Day, Domestic Violence Awareness Month (Report by Alicia Gonzales) E-2 Caltrans Highway Capital Preventive Maintenance (CAPM) Project 06-0Y180 on State Route 145 (Project) Construction Update
Recommendation: This report has been prepared at the direction of the City Council (Council), therefore there is no staff recommendation provided. Council is asked to consider the information and direction at its discretion. (Report by Keith Helmuth)
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:
G-1 Conference with Real Property Negotiators Pursuant to Government Code Section §54956.8 Property: 2883 Sharon Boulevard, Madera, CA 93638 (APN 013-280-002) Agency Negotiator: City Manager
Negotiating Parties: Edward J. McIntyre and Gail Hanhart McIntyre Under Negotiation: Price and Terms of an Easement
FUTURE MEETING DATES:
Wednesday, October 7, 2026
Wednesday, October 21, 2026
ADJOURNMENT:
Update 09/11/26 6:00 p.m. Madera City Council Agenda Page 6 of 6 September 16, 2026
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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 for September 16, 2026, near the front entrances of City Hall and on the City’s website www.madera.gov at 6:00 p.m. on September 11, 2026. _______________________
Alicia Gonzales, City Clerk
REPORT TO CITY COUNCIL
Approved by:
Council Meeting of: September 16, 2026
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Consideration of an ordinance updating the Madera Municipal Code regarding vacant buildings RECOMMENDATION:
Waive the first reading and introduce by title only an Ordinance of the City Council of the City of Madera repealing and replacing Chapter 12 of Title IX of the Madera Municipal Code regarding vacant buildings
SUMMARY:
The proposed ordinance modernizes the City’s vacant building regulations by strengthening maintenance and oversight requirements for vacant properties, particularly commercial buildings. It reduces the timeframe for owners to take action on vacant buildings from 90 to 30 business days, while requiring registration with the City’s Code Enforcement Division and ongoing compliance with maintenance standards. New provisions would prohibit boarding on commercial buildings, and require commercial and industrial buildings to maintain adequate lighting, management contact signage, and allow periodic inspections to help prevent blight and criminal activity. Finally, enforcement is shifted from criminal misdemeanor penalties to administrative infractions, providing a more practical and efficient compliance process.
DISCUSSION:
The City’s Vacant Buildings Ordinance was adopted in 2010 to address the negative impacts of vacant and poorly maintained structures on surrounding neighborhoods. While the ordinance has provided a framework for identifying and registering vacant properties, staff has found that updates are necessary to address evolving community needs, current best practices in code enforcement, and the increasing challenges associated with long-term vacant commercial properties. The proposed ordinance amends the existing chapter with a more comprehensive A-1
RETURN TO AGENDA
approach focused on preventing blight, encouraging property maintenance, and promoting economic vitality.
One of the most significant changes in the proposed ordinance is the establishment of enhanced maintenance standards for vacant properties, particularly commercial and industrial buildings.
The proposed regulations require owners to begin rehabilitation of their properties within 30 business days of vacancy, to include actively maintaining building exteriors, landscaping, signage, lighting, and security measures to ensure vacant properties do not become a source of blight or attract criminal activity. These requirements are intended to improve neighborhood appearance, protect adjacent property values, and reduce public safety concerns associated with neglected buildings. Maintenance of emergency access areas, roof-access ladders, egress points, and adequate lighting keep properties within standard and ready for sale or renting.
The current ordinance requires vacant commercial, industrial, and residential buildings to be boarded as a means to prohibit entry of unauthorized persons. The proposed ordinance limits the use of boarded windows except during active construction or rehabilitation projects for commercial buildings. This provision is designed to discourage the visual deterioration often associated with vacant storefronts and to maintain a more attractive business environment that supports economic development and investment within the community. It also makes it harder for homeless people to live undetected in vacant commercial properties.
The proposed ordinance also updates and clarifies several definitions within the Vacant Building Ordinance to provide Code Enforcement with clearer and more practical standards for identifying and addressing vacant properties. Notably, the proposed ordinance adds a definition for “nonresidential buildings”, allowing the City to establish requirements specific to commercial and industrial properties, while refining the definition of “vacant building” to focus on structures that are unoccupied or illegally occupied. These changes provide greater clarity regarding which properties are subject to the ordinance and allow Code Enforcement to apply the regulations more consistently.
In addition, the proposed ordinance strengthens oversight of vacant commercial and industrial properties through an inspection program administered by the City’s Code Enforcement Division. Property owners are required to register vacant properties and make them available for quarterly inspections to verify compliance with applicable building, fire, and safety regulations. These inspections would assist the City in identifying potential hazards before they become more significant public safety issues and help ensure that vacant properties remain secure and properly maintained. The proposed ordinance adds an inspection fee in addition to the annual registration fee. The ordinance requires council to set the fee. Staff recommends the fee be based on time spent during the inspection, not to exceed three hours. A smaller building with zero violations would likely take much less time to inspect than a larger building with multiple violations. This fee is not a penalty, and should reflect actual cost to inspect, rather than average cost to inspect to avoid unfairly charging owners of smaller, or code compliant buildings.
Another notable change is the transition from criminal misdemeanor penalties to administrative infraction-based enforcement. This approach provides the City with a more practical and efficient enforcement tool while still holding property owners accountable for violations.
Administrative enforcement allows for more timely compliance efforts and reduces the burden on the criminal justice system while preserving the City’s ability to address nuisance and blight conditions.
Overall, the proposed ordinance would give the City clearer standards for identifying, monitoring, and addressing vacant buildings while placing greater emphasis on property maintenance, security, and rehabilitation. The changes are intended to help Code Enforcement address problem properties earlier, reduce conditions that contribute to blight and public safety concerns, and establish more specific requirements for vacant commercial and industrial properties.
Table 1 provides a comparison of existing regulations vs. proposed. Note that this list is not exhaustive.
Table 1: Overview of proposed changes
Item Existing Proposed
Boarding of
vacant
buildings
Required for vacant commercial,
residential, and industrial properties
(must be painted to match the
building)
Commercial: Prohibited unless
required for construction/renovation.
Exception: boarding shall only be
allowed for a period of 15 days.
Residential: Required (must be
painted to match the building)
Industrial: Allowed, not required
Maintenance Must begin maintenance within 90
days of vacancy
Must begin maintenance within 30
days of vacancy
Registration
of buildings
Must register with City Finance
Department within 10 days of
vacancy.
The registration fee is $550 annually.
Must register with Code Enforcement
within 30 days of vacancy
As proposed, the annual registration
fee would remain the same.
Inspections Not specified in the existing code,
only that the building shall be
monitored by the Neighborhood
Preservation Manager so that timely
code enforcement proceedings are
commenced in the event a building
becomes substandard or a nuisance
Commercial and industrial property
owners shall make the property
available for quarterly inspections.
Inspection fees per §1-9.06 are
$60/hour.
Monitoring
Program
Neighborhood Preservation Manager Code Enforcement. No change rather City staff position titles have been
altered.
Violations Misdemeanor Infraction/Fine per §1-9.06 of
Madera Municipal Code
▪ $100 first citation
▪ $225 second citation
▪ $500 third or subsequent
citation
FINANCIAL IMPACT:
There is no cost to the City, but rather creates more enforcement tools for City staff to use to impose fines relating to violations. It is difficult to calculate the financial benefit of reducing blight in commercial areas and increased occupancy rates of commercial properties. An added value is that this would create opportunity for additional revenue for local businesses and generate more tax revenue for the City by increasing the chances for foot traffic in the business districts.
ALTERNATIVES:
Council may decline to ament the current ordinance and elect to retain the current Chapter 12 Vacant Buildings Ordinance without modification. Under this option, the City would continue to regulate vacant properties pursuant to the existing provisions. While the current ordinance provides a mechanism for registration and maintenance of vacant properties, it does not include many of the enhanced maintenance, inspection, and blight-prevention measures contained in the proposed ordinance. As a result, the City would have fewer tools available to address the impacts of long-term vacant commercial and industrial properties and may experience continued challenges related to property maintenance, public safety, and neighborhood blight.
Council may provide direction to staff regarding specific provisions of the proposed ordinance and continue consideration of the item to a future meeting. Under this option, staff would revise the ordinance based on Council direction and returned with a modified proposal for further review and consideration.
ATTACHMENTS:
1. Proposed Vacant Buildings Municipal Code
ATTACHMENT 1
Proposed Ordinance DPHQGLQJWKH0XQLFLSDO
&RGHUHJDUGLQJ vacant buildings
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MADERA
REPEALING AND REPLACING CHAPTER 12 OF TITLE IX OF THE MADERA
MUNICIPAL CODE REGARDING VACANT BUILDINGS
WHEREAS, substandard or unkempt vacant buildings discourage economic development and can negatively affect appreciation of property values. Vacant buildings that are not maintained are potential fire hazards and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance.
WHEREAS, if not properly addressed, vacant buildings may also serve as an attractive nuisance, and may lead to blight, which may in turn diminish the economic and physical conditions of nearby properties. It is the responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to public health, safety, or welfare; and
WHEREAS, due to the passage of time, refinements in law, as well as the lingering economic effects of the pandemic, an update to the vacant building ordinance is warranted; and WHEREAS, the City Council now desires to repeal the existing vacant building ordinance and adopt an updated ordinance.
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. Chapter 12 (Vacant Buildings) of Title IX of the Madera Municipal Code is hereby repealed in its entirety.
SECTION 4. Chapter 12 (Vacant Buildings) is hereby added to Title IX of the Madera Municipal Code to read in its entirety as follows:
CHAPTER 12: VACANT BUILDINGS
Section
9-12.01 Purpose
9-12.02 Definitions
9-12.03 Owner responsibilities
9-12.04 Boarding
9-12.05 Registration requirement for vacant properties
9-12.06 Monitoring program - departmental responsibilities and fees 9-12.07 Violations; penalty
§ 9-12.01 PURPOSE.
Substandard or unkempt vacant buildings discourage economic development and can negatively affect appreciation of property values. Vacant buildings that are not maintained are potential fire hazards and can jeopardize the ability of owners of neighboring property from securing or maintaining affordable fire insurance. If not properly addressed, vacant buildings may also serve as an attractive nuisance, and may lead to blight, which may in turn diminish the economic and physical conditions of nearby properties. It is the responsibility of property ownership to prevent owned property from becoming a burden to the neighborhood and community and a threat to public health, safety, or welfare. This ordinance shall be known as the “vacant building ordinance.”
§ 9-12.02 DEFINITIONS.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARDED BUILDING. A vacant building or portion of a vacant building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals.
BUILDING. Any structure including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the city pursuant to the city's zoning ordinance.
BUILDING OFFICIAL. The Chief Building Official for the city, or the designee of the Chief Building Official.
EVIDENCE OF VACANCY. Any real property condition that independently, or in the context of the totality of circumstances relevant to that real property, would lead a reasonable person to believe that a property is vacant or occupied by a person without a legal right of occupancy.
Such real property conditions include but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; and/or statements by neighbors, passersby, delivery agents, or government employees that the property is vacant.
NONRESIDENTIAL BUILDINGS. Nonresidential buildings, specifically buildings with commercial and industrial uses. This can include dual purpose buildings with both commercial and residential uses. The interior commercial area of the building, shared spaces, and all exterior surfaces and structures of the building are subject to building requirements of the vacant building ordinance.
OWNER. Any person, partnership, association, corporation, fiduciary, or other legal entity having a legal or equitable title or any interest in real property, including a lease or an interest that may arise to a fee interest.
OWNER OF RECORD. The person or legal entity holding recorded title to the real property in question at any point in time when official records are produced by the Madera County Recorder's office.
VACANT BUILDING. An unoccupied or an illegally occupied structure. § 9-12.03 OWNER RESPONSIBILITIES.
Vacant Buildings. The owner of any building shall commence rehabilitation for occupancy within 30 business days of becoming a vacant building, unless the owner establishes by substantial evidence to the reasonable satisfaction of the city’s Code Enforcement Supervisor or designee any of the following applies:
(A) The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation; or (B) The building meets all codes, is ready for occupancy, and, through the verifiable use of signage, current real estate listings, or other acceptable means, is actively being offered for sale, lease, or rent; or
(C) The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. All vacant buildings under this subsection must meet the following maintenance and monitoring requirements:
(1) Maintenance of landscaping and plant materials in good condition; (2) Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this code; (3) All signage shall be maintained in compliance with Chapter 10-6 of this code; (4) Regular removal of all exterior trash, debris, and graffiti; (5) Maintenance of the building in continuing compliance with all applicable codes and regulations;
(6) Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, unlawful loitering, and criminal street gang activity;
(7) Securing the property in a manner so as not to be accessible to unauthorized persons.
Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage) gates and any other opening that may allow access to the interior of the property and or structure(s). In the case of broken windows, securing includes the replacement of the broken windows; and
(8) Maintain property frontage in public right-of-way including sidewalks, street trees and park strip area. Maintain alleyway adjacent to property, if applicable, to prevent overgrowth of weeds and illegal dumping
(D) In addition to the requirements set forth above, vacant nonresidential buildings must also comply with the following:
(1) The owner shall keep property clear of combustible materials, flammable or combustible waste or rubbish, waste, or hazardous materials. (2) Maintain in a manner in which all emergency access areas, egress points, stairways, roof-access ladders and exit signage are in functioning condition and free from deterioration.
(3) Maintain adequate exterior lighting so that all exposed sides of the nonresidential building are well lit, and easily visible from accessways. (4) Post a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following information: (i) name and twenty-four hour contact telephone number and address of the owner, responsible party, or property management company; and (ii) the statement that “THIS PROPERTY IS MANAGED BY” with the appropriate name inserted and “TO REPORT PROBLEMS OR CONCERNS CALL” with the twenty-four hour telephone number listed.
The sign shall be constructed and printed with weather resistant materials. (5) Post a minimum of one “No Trespassing” sign along property frontage and visible to the public. The sign must be no smaller than 17 by 22 inches in size, with lettering no smaller than 1 inch in height.
(E) In additional to the requirements of this section, the owner must also register a vacant building as required by section 9-12.05, unless the property is actively in escrow for no more than a cumulative six-month period of time.
§ 9-12.04 BOARDING.
No vacant commercial building shall be secured via boarding unless it is required for construction/renovation. Whether the building is vacant or not, beginning on the first day it is necessary for construction/renovation, boarding shall only be allowed for a period of 15 days.
Owners can be exempt from the 15-day period if they have an active building permit and can demonstrate they are diligently working towards project completion.
Vacant residential buildings must be secured using exterior grade plywood which is at least one-half inch or thicker, fastened to the building in such a manner as to prevent unauthorized removal of the boarding material, and which will prohibit entry by unauthorized persons. All wood used to secure vacant buildings must be painted to match the paint on the structure. If the structure is multicolored, the paint should match the predominant color on the wall on which it is located.
Industrial buildings are permitted to be secured via boarding. § 9-12.05 REGISTRATION REQUIREMENT FOR VACANT PROPERTIES. (A) Within thirty business days of identification of any vacant property, or owner's actual knowledge of any vacant property, the owner, or owner of record, must register the property with the City’s Code Enforcement Division.
(B) The registration pursuant to subsection (A) shall contain the identity of the owner, or owner of record, and in the case of a corporate or out of area owner or owner of record, the local property management company, if any, responsible for the security, maintenance, and marketing of the property in question, and any lessee and the term of the lease. (C) The registration pursuant to subsection (A) shall be renewed annually. An annual registration fee, as set by resolution of the City Council, shall accompany the submission of each registration form. The fee and registration shall be valid for one year from the date of registration.
(D) Commercial and industrial property owners shall make the property available for quarterly inspections by the Code Enforcement Supervisor or his/her designee. An annual fee, as set by resolution of the City Council, shall be required for inspection. The inspection will include the Code Enforcement Supervisor or his/her designee, as well as a building inspector, fire department official or police department official as needed. The purpose of the inspection is to ensure the property is in compliance with all applicable laws for buildings within the City. (E) Properties subject to this vacant building ordinance shall remain subject to the annual registration requirement, security, and maintenance standards of this vacant building ordinance as long as they remain vacant.
(F) Any person, partnership, association, corporation, fiduciary or other legal entity that has registered a property under this chapter must notify the City’s Code Enforcement Division in writing of any change of information contained in the registration within ten days of the change.
(G) The duties/obligations specified in this section shall be joint and several among and between all owners or owners of record, including any lessee, and their respective agents, successors, and assigns.
§ 9-12.06 MONITORING PROGRAM - DEPARTMENTAL RESPONSIBILITIES AND FEES. (A) Authority. The Code Enforcement Supervisor or designee shall be responsible for administering a program for identifying and monitoring the maintenance of all vacant buildings in the city.
§ 9-12.07 VIOLATIONS; PENALTY.
Failure to comply with the vacant building ordinance, including failure to register a vacant building, is an infraction. In addition to any other legal remedy, a fine in the amount as set forth in section 1-9.06(A) of this Municipal Code. Any person receiving a fine may appeal consistent with the provisions of section 1-9.09 et seq. of this Municipal Code.
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.
* * * * * * *
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
__________________________________ Agenda Number: _____ Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Public Hearing Regarding the Program Year 2025/26 Community Block Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER) and Financial Summary RECOMMENDATION:
Conduct a public hearing, invite public input, and adopt a Resolution approving the City’s Program Year 2025/26 CAPER and financial summary
SUMMARY:
The CAPER details the progress made using CDBG funds during Program Year (PY) 2025/26 (July 1, 2025, to June 30, 2026) towards achieving the goals identified in the City’s Program Year 2025/26 Annual Action Plan (AAP). The CAPER covers both uses of the annual CDBG allocation as well as CDBG-Coronavirus (CDBG-CV) funds. Generally speaking, CDBG subrecipients of the City’s CDBG allocation met their goals stated in the AAP. Should Council approve the CAPER, the City will meet Housing and Urban Development Department (HUD) requirements regarding preparation and adoption of the CAPER, including public noticing and the opportunity to receive public comment.
DISCUSSION:
The City is a CDBG entitlement jurisdiction which receives an annual funding allocation. HUD requires CDBG entitlement communities to annually review and publicly report on the progress made in carrying out the AAP. This public report is the CAPER.
In addition to requiring its preparation, HUD regulations require an opportunity for the public to comment on the CAPER. For the PY 2025/26 CAPER, the 15-day required public comment period began September 9, 2026. A public hearing notice was published in the Madera Tribune on A-2
RETURN TO AGENDA
September 12, 2026. The public comment notice was also shared with the Madera County Library and Housing Authority of the City of Madera. Notices contained details about the date, time, and location for the public hearing and directions on submission of citizen comments. The public comment period ends on September 23, 2026. No comments were received as of the writing of this staff report. However, any comments received after the production of this staff report will be included in final CAPER.
The CAPER reflects the City’s continued progress in both expending its CDBG funds in a timely manner and meeting the program’s primary objectives. The City received $989,791 for its PY 2025/26 CDBG allocation. The total disbursement amount for PY 2025/26 was $1,139,688.48.
The difference between the Program Year’s allocation and expenditures is caused by expenditures in projects from previous Program Years that were completed or made significant progress. Please refer to HUD report PR26 (Attachment B) for a detailed breakdown of expended funds.
The following provides a summary of activities and accomplishments of programs and projects during the PY 2025/26.
Table 1: Summary of CDBG Sub-Recipient Accomplishments
Sub-Recipient Goal Outcome PY 2025/26 Accomplishments
Madera Coalition for
Community Justice
(MCCJ) – Madera
Microenterprise
education
15 Clients
served
14 clients
served
MCCJ successfully served 14 students in
their year-long program focusing on
environmental justice issues.
O.L.I.V.E. Charitable
Organization – The
Bennet House
24 Clients
Served
27 Clients
Served
O.L.I.V.E. exceeded their goal to provide
services to victims of human sex
trafficking. Case-managed care
including counseling, education/job
assistance, drug rehabilitation, and
financial literacy and training were
provided.
City of Madera Parks
Department -Seniors
Nutrition & Recreation
Program
1,200
Clients
Served
1,300
Clients
Served
The City Parks Department served
approximately 1,300 unduplicated
seniors with nutritious meals at the
Pan-Am Community Center and the
Frank Bergon Senior Center. Additional
recreation activities were also
implemented such as health and
wellness classes, nutrition education,
games, and arts and crafts.
Project Run Madera –
Project Run Madera
500
Clients
Served
470
Clients
Served
Project Run served 470 Madera track
and field athletes with running shoes,
shirts, sports bras and socks.
CAPMC – Housing
Stabilization
10 Clients
Assisted
5 Clients
Assisted
CAPMC Housing assisted 5 individuals
to prevent homelessness by providing
direct housing assistance, case
management, and supportive services.
CAPMC – Continuum of
Care
N/A1 N/A1 The CAPMC CoC program addressed
community challenges created by
homelessness, coordinated case
management, intake, and referrals with
the local and regional collaboration of
homeless service providers, input and
accessed data to the Homeless
Management Information System and
represented Madera in the
Fresno/Madera Continuum of Care.
Madera County
Workforce Investment
Corporation- In-Home
Child Care Pilot Program
2 Clients
Assisted
4 Clients
Assisted
Madera County Workforce provided
entrepreneurial training services and
stipend to 4 clients. This training
resulted in preparing these individuals
to obtain an In-Home Child Care license.
City of Madera- Public
Works DepartmentSidewalk and ADA Corner
Ramp
7,645
Clients
Assisted
5,746
Clients
Assisted
Approximately 1,500 square linear feet
of sidewalk completed. These repairs
were completed in low-moderate
income residential areas within City
limits. This project will be completed
during PY 2026/27.
City of Madera –
Engineering Department
Parking Lot
Rehabilitation
6,600
Clients
Assisted
6,600
Clients
Assisted
This project was completed during PY
2025/26. The goal of the project
involves improving parking lots of City
owned community buildings.
City of Madera –
Engineering Department
Clinton Street Sewer and
Water Improvements
3,034
Clients
Assisted
3,034
Clients
Assisted
This project was completed during PY
2025/26. The goal of the project is to
repair, rehabilitate, and replace
deteriorating sewer main and water
lines along Clinton Avenue. Upon
completion, an approximate 3,034 local
residents will benefit from this
improvement.
1 Administration grant, therefore, no direct clients are served In September 2020 and June 2021, the City received CDBG funds to respond, prepare, and prevent Coronavirus (CDBG -CV). The combined total of both allocations was $938,981. Of this total, $50,000 was allocated to the City for the administration of these funds. At the end of PY 2024/2025, 71 percent of the total CDBG-CV award has been expended. HUD requires all CDBGCV funds to be expended by September 2026. During the 2023/2024 Program Year, staff received CDBG-CV technical assistance to explore other eligible uses of CDBG-CV funds and received guidance about the process required to repurpose CDBG-CV funds. During the Council meeting on March 4, 2026, unspent CDBG-CV funds were reallocated to the City’s Parks Department for the construction of two basketball courts at Rotary Park. This project is underway and will be expended during PY 2026/27. Please refer to HUD report PR26 (Attachment C) for a detailed breakdown of expended funds.
FINANCIAL IMPACT:
Approval of the CAPER will not have a direct financial impact on the General Fund, but will satisfy HUD requirements to maintain the City’s eligibility for future CDBG funding.
ALTERNATIVES:
As an alternative, the Council may:
Request additional information from staff prior to taking action. Request that staff modify and/or amend the draft CAPER prior to action. Direct staff to not submit the CAPER to HUD.
ATTACHMENTS:
1. Resolution
2. Attachment A: PY 2025/26 CAPER - Draft
3. Attachment B: HUD Report PR-26 CDBG Expenditure Report - Draft
4. Attachment C: HUD Report PR-26 CDBG-CV Expenditure Report - Draft RESOLUTION NO. 26-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING THE PROGRAM YEAR (PY) 2025/26
COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT AND FINANCIAL SUMMARY WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) reflects City of Madera’s performance of its PY 2025/2026 CDBG Annual Action Plan; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires entitlement communities receiving CDBG funds to annually review and publicly report on the progress made in carrying out its Annual Action Plan; and WHEREAS, HUD requires submission of the CAPER within 90 days after the program year end on June 30, 2026; and
WHEREAS, as required by HUD regulations, citizen participation was encouraged by publishing notice of the public comment period and hearing, inviting the public to provide input; and
WHEREAS, published notices contained details about the date, time and location for the public hearing and advised that citizens’ comments may be submitted in person or in writing until September 23, 2026; and
WHEREAS, at its regular City Council Meeting of September 16, 2026, the City Council held a public hearing to consider the CAPER; and
WHEREAS, staff recommends approval of the CAPER to ensure compliance with HUD requirements and to ensure that City’s continued receipt and use of CDBG funding is not jeopardized.
NOW THEREFORE, the City Council of the City of Madera hereby finds, orders and resolves as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. The City Council approves the PY 2025/2026 HUD City of Madera Consolidated Annual Performance and Evaluation Report and Financial Summary Report, a copy of which is attached as Attachment A to this resolution and incorporated by reference.
3. This resolution is effective immediately upon adoption. ******
City of Madera
2025/2026
Consolidated Annual
Performance and
Evaluation Report
Marcela Zuniga
Grants Administrator
[email protected]
205 W. Fourth Street
Madera, CA 93637
www.madera.gov
Attachment A
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The Program Year 2025/26 Year is the first year of the City of Madera's current Consolidated Plan for planning years 2025-2029 and accounts for projects and activities funded with Community Development Block Grant (CDBG) funds. The Program Year (PY) 2025/26 Consolidated Annual Performance and Evaluation Report (CAPER) provides a summary of accomplishments for activities between July 1, 2025, through June 30, 2026.
The major of outcomes for the funded activities fully met or met at least half of the expected outcomes. The one accomplishment category that was not met because there was not a funded a funded activity for the 2025/26 PY was affordable housing.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Attachment A
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Goal Category Source/
Amount
Indicator Unit of
Measure
Expected
Strategic
Plan
Actual
Strate
gic
Plan
Percent
Complete
Expected
Program
Year
Actual
Program
Year
Percent
Complete
Administration Admin
CDBG:
$
HOME:
$
Other Other 0 0 0 0 0 0
Enhance the economic
well-being of all
citizens through
education and training,
employment
opportunities, and
business development
NonHousing
Community
Development
CDBG:
$
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
15 18
120.00%
25 18
72.00%
Enhance the quality
and use of the physical
infrastructure of
Madera
NonHousing
Community
Development
CDBG:
$
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
30000 5745
19.15%
10000 5745
57.45%
Improve the quality
and access to programs
and facilities for health
and safety,
transportation, and
recreation
NonHomeless
Special
Needs
CDBG:
$
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
10000 1770
17.70%
1700 1770
104.12%
Attachment A
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
Low- to moderateincome citizens will
have access to safe,
decent, and affordable
housing
Affordable
Housing
CDBG:
$ /
HOME:
$
Homeowner Housing
Added
Household
Housing
Unit
5 0
0.00%
2 0
0.00%
Low- to moderateincome citizens will
have access to safe,
decent, and affordable
housing
Affordable
Housing
CDBG:
$ /
HOME:
$
Homeowner Housing
Rehabilitated
Household
Housing
Unit
10 0
0.00%
2 0
0.00%
Low- to moderateincome citizens will
have access to safe,
decent, and affordable
housing
Affordable
Housing
CDBG:
$ /
HOME:
$
Direct Financial
Assistance to
Homebuyers
Households
Assisted
5 0
0.00%
2 0 0
Prevent and reduce
homelessness
Homeless
CDBG:
$
Homelessness
Prevention
Persons
Assisted
1400 32
2.29%
34 32
94.12%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
Each of the goals listed in the above charts are indicative of the programs the City assisted to address the specific objectives identified in the PY 2025/26 AAP. In terms of the City’s use of funds towards the highest need area (housing and homelessness), the City continued diligent efforts in filling these local gaps and meeting the annual goals. A portion of the City's CDBG Administration allocation funded the Community Action Partnership of Madera County (CAPMC) local and regional homeless services coordination and participation in the Fresno Madera Continuum of Care (FMCoC). This project serves to plan the annual Point In Time homeless count. Additioanlly, the two funded activities in the homeless Attachment A
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
category nearly met the annual goal.
Attachment A
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 1,536 0
Black or African American 162 0
Asian 76 0
American Indian or American Native 46 0
Native Hawaiian or Other Pacific Islander 0 0
Total 1,820 0
Hispanic 1,125 0
Not Hispanic 695 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $1,003,791
HOME public - federal $353,557
Table 3 - Resources Made Available
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Madera City Limits 100 100
Table 4 – Identify the geographic distribution and location of investments Narrative
All funds were expended within CDBG eligible census tracts. Staff verifies eligibility using the map Attachment A
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
application of the low-and moderate- income summary data (LMISD). In addition to the PY 2025/26 CDBG allocation, previous years’ allocations are were expended as progress on open projects continued.
Attachment A
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The majority of the subrecipients have secondary resources to maximize their CDBG funding award. Resources made available to carry out CDBG-funded subrecipient activities include sources from the Fresno/Madera Area Agency on Aging, Local Workforce Innovation and Opportunity Act, CalWORKs, Department of Rehabilitation, Local Transportation Funds and Development Impact Fees. In addition, some subrecipients receive donations and utilize in-kind volunteers.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year 0
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0
4. Match liability for current Federal fiscal year 0
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report
Attachment A
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Match Contribution for the Federal Fiscal Year
Project No. or
Other ID
Date of
Contribution
Cash
(non-Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated labor
Bond
Financing
Total Match
NonApplicable 0 0 0 0 0 0 0 0
Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand at
begin-ning of reporting
period
$
Amount received during
reporting period
$
Total amount expended
during reporting period
$
Amount expended for
TBRA
$
Balance on hand at end
of reporting period
$
0 0 0 0 0
Table 7 – Program Income
Attachment A
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
Dollar
Amount 0 0 0
Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
Attachment A
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White NonAlaskan Hispanic Native or
American
Indian
Asian or
Pacific
Islander
Black NonHispanicHispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
Attachment A
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 4 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 4 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 2 0
Number of households supported through
Rehab of Existing Units 2 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 4 0
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City is in the planning stages for an infill multi-use housing development in the downtown Madera area. As a result, outcomes were not met during the 2025/26 PY.
Discuss how these outcomes will impact future annual action plans.
The City recognizes the ongoing need to increase the affordable housing stock. The increase in home appraisals results in higher down payment costs, creating a burden for residents trying to purchase a home. However, if neccessary, the City will submit a waiver rquesting an exception to the HUD income limits and housing appraisal limits. The City is working with the local Housing Authority to meet the Attachment A
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
demands of the proposed infill multi-use rental housing development. All exisitng and future HOME funds will be used toward this project.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 13 – Number of Households Served
Narrative Information
The City is aware of the need for increased affordable housing stock in the community. The need to assist families obtain or maintain affordable housing is critical for a community to thrive. The Consolidated Plan for the Planning Years 2025-2029 is focused on increasing affordable housing stock. In addition to CDBG and HOME funds, the City intends on utilizing Permanent Local Housing Allocation (PLHA) program funds and other federal, state, and local funds as they become available to invest in affordable housing for the community.
Attachment A
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City collaborates with the Madera Homeless Coalition. This coalition consists of representatives from the Department of Social Services, local faith-based organizations, Madera Food Bank, Madera Rescue Mission, the Madera County Sherriff's Department, and the Madera Police Department. The Madera County Public Health Department leads the Coalition and represents the region on the Fresno Madera Continuum of Care (FMCoC). The FMCoC coordinates an active multi-disciplinary team. Efforts to meet specific objectives for reducing and ending homelessness are evaluated. The outcome of this evaluation determines the direction taken to reach out to support the homeless.
During the PY 2025/26, one subrecipients met and exceeded their goal toward preventing and reducing homelessness. The OLIVE Safe House projects assisted 27 victims of human sex trafficking. Case managed care including counseling, education/job assistance, drug rehabilitation, and financial literacy and training were provided. The second subrecipient was the Housing Stabilization project. A total of 5 individuals received either direct housing assistance, case management, or supportive services that prevented homelessness.
Addressing the emergency shelter and transitional housing needs of homeless persons The City collaborates with Community Action Partnership of Madera County (CAPMC), an active member of the Fresno Madera Continuum of Care (FMCoC). The FMCoC is the organization responsible for the Fresno & Madera Regional 10-Year Plan to end Homelessness. The FMCoC meets HUD’s requirements to provide a comprehensive coordinated homeless housing and services delivery system. The FMCoC assisted homeless persons in making the critical transition from homelessness to independent or supportive permanent housing, accessing education, health and mental health services, employment training, and life skills development. CAPMC also operates a Housing Stabilization program which helps individuals receive temporary emergency housing assistance.
Additionally, the City works in close partnership with the Madera Rescue Mission which provides vital services to individuals and families that find themselves without a home. The Mission provides meals, lodging, 9-12 months of in-patient Recovery Program, and additional services designed to prepare individuals to re-enter the community.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care Attachment A
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Resources were provided by the Madera County Department of Social Services through CalFresh, CalWorks, Medi-Cal, General Relief and other programs. In addition, Madera residents have access to facilities in adjacent larger cities and counties that have community care facilities and supportive housing beds for people with health-related needs.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The partnerships developed between the FMCoC members and other agencies allow service providers to coordinate efforts to assist those experiencing homelessness make the transition to permanent housing and remain permanently housed as quickly as possible.
Operated by the Madera Rescue Mission, MAP (Multi-Agency Access Program) is an integrated intake process that connects individuals facing homelessness and connects them with housing. In addition, MAP connects those homeless facing challenges with behavioral health, substance abuse, physical health and/or mental health to the appropriate social services.
Attachment A
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Housing Authority of the City of Madera (HACM) receives Federal and State funding for the HACM's Section 8, Public Housing, Farm Worker Housing, and Pomona Ranch Migrant Housing Center. The HACM receives annual allocations of Federal and State housing funds. The annual allocations for both are insufficient to address the extent of households paying more than half of their income for rent or living in substandard housing and for providing additional public housing. A portion of the HACM's budget is allocated to maintenance thereby addressing health and safety needs of their public housing units.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
All Public Housing families are invited to participate in becoming a Resident Advisory Board (RAB) member. The members take on an important role in the policy, procedures, and program implementations. RAB members make recommendations regarding the development of the Agency Plan or any significant amendments or modifications to the Agency Annual or Five-Year Plans. All Public Housing participants are invited and encouraged to participate in the Family Self Sufficiency (FSS) program. This program encourages families to become homeowners.
Families in the FSS and Resident Opportunities and Self-Sufficiency programs are provided information on training and employment opportunities and other community resources. At the time that a family moves into a Public Housing unit, a survey is given to them to see what kinds of supportive services would benefit them.
Actions taken to provide assistance to troubled PHAs
Not Applicable. HACM is not designated as a "troubled" agency.
Attachment A
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Madera meets the California Department of Housing and Community Development objectives and strategies as follows:
Access to Opportunity/ Outreach and Engagement: engaged in campaign or other approach to combat NIMBYism. The Housing Element and Zoning Ordinance support a variety of housing supply.
Ensure language access (e.g., translations and multi-lingual staff) in dominant languages in materials and at meetings): bilingual (English and Spanish) public meeting and hearing announcements are published and posted. Availability of translation is verbally announced during the public hearings.
Bilingual staff is available during each public meeting.
Support strategies to facilitate leadership development (improving capacity to engage in local decision-making): the Citizens' Police Academy facilitates leadership development. Non-profits are awarded funds for youth and parent engagement activities. The Citizens' Leadership Academy also facilitates citizens learning and understanding of local government operations through a cohort of Department heads.
Recruit residents from neighborhoods to serve or participate in boards, committees and other local government bodies: the City Council is elected by district and the Mayor is elected at-large. The City Council approves the appointment of members from each district as recommended by the Mayor to boards, committees, and other local government bodies.
Meetings: meetings are held in the evenings in locations accessible to persons with disabilities and interpretation/translation services provided.
Actively seek a variety of funding opportunities: staff actively seeks funding sources to rehabilitate homes, develop parks, expand transit, and provide pedestrian and bicycle transportation.
Seek funding to prioritize basic infrastructure improvements while mitigating displacement and increased costs to vulnerable populations (e.g., seniors, persons with disabilities and farmworkers):
staff actively seeks funds to improve infrastructure in disadvantaged areas of the City. No displacement or increased costs are associated with these improvements.
Target acquisition and rehabilitation of vacant and blighted properties: staff actively seeks funds for infill development.
Attachment A
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
Affirmatively market or take other actions to promote use of housing choice vouchers in high opportunity areas: the HACM promotes the use of housing choice vouchers citywide.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In PY 2025/26, the Public Service funded activities met the needs of underserved populations.
These activities include providing housing and wrap around supportive services to victims of human trafficking. CDBG funding was also used to provide local student athletes with running equipment, meals for seniors, job training, and direct subsidy assistance to prevent homelessness. The Capital Improvement sidewalk project supports underserved areas of the community by repairing sidewalks to improve pedestrian accessibility and overall community livability.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City and subrecipients provide lead-based paint testing as required by funding sources for residential rehabilitation and acquisition.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The City provided assistance to at-risk youth and their families. Mentorship, social activities, leadership strategies and multiple resources were provided to these individuals and families to help them achieve more stable and healthy lives.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City's CDBG-funded programs are administered by the City's Finance Department - Grants Division. This Division works collaboratively with other City Departments such as Planning, Community Development, Engineering, Finance, Building, Public Works, and Parks. With the planning of the 2025- 2029 Consolidated Plan, City staff was able to meet many new stakeholders. The City understands the importance of networking within the community and remains committed to resume such practice during PY 2026/27.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City will continue to meet with HACM staff during PY 2026/27 to address the local needs of public housing residents and bridge the social service gap. The HACM was very involved in stakeholder meetings during the preparation of the Consolidated Plan, their feedback was documented and helped identify local needs.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Attachment A
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
The City has continued to comply with antidiscrimination requirements, including all applicable Federal regulations as demonstrated in the City’s application for Community Development Block Grant, HOME, and other Federal funds, implement policies and programs identified in its Housing Element and implement Zoning Ordinance amendments necessary to further fair housing and implement the recommended actions in the City of Madera’s ADA Self-Evaluation and Transition Plan to modify its policies, practices, and procedures to avoid discrimination against people with disabilities.
Attachment A
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City of Madera staff is available to offer assistance and answer questions from subrecipients. At minimum, City staff contacts each subrecipient on a quarterly basis upon the submission of quarterly reports, invoices, and any related matters. Staff works with departments issuing CDBG-funded Request For Proposals (RFPs) to ensure federal compliance with additional rules and regulations.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
Pursuant to HUD public noticing requirements, the CAPER was made available for a 15-day public review and comment period. This public comment period began on September 9, 2026. The notice of the public comment period was published in the Madera Tribune. The draft CAPER was made available on the City's website at www.madera.gov. Copies were also available at Madera City Hall in the Grants Division’s office. The notice was also provided to the HACM and the Madera County Library. The public was invited to submit comments directly to City staff during the comment period.
Attachment A
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
Community outreach efforts with citizens were meaningful and informed when developing the Action Plan. Community input was prioritized in the development of the AAP. There were no changes in program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not Applicable.
Attachment A
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-50 - HOME 24 CFR 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
This is non-applicable for PY 2025/26, as the City is still in the planning phase.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a)
This is non-applicable for PY 2025/26, as the City is still in the planning phase.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics This is non-applicable for PY 2025/26, as the City is still in the planning phase.
Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j)
This is non-applicable for PY 2025/26, as the City is still in the planning phase.
Attachment A
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 14 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers
Outreach efforts to generate job applicants who are Other Funding Targeted Workers.
Direct, on-the job training (including apprenticeships).
Indirect training such as arranging for, contracting for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching).
Outreach efforts to identify and secure bids from Section 3 business concerns.
Technical assistance to help Section 3 business concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns.
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services.
Held one or more job fairs.
Provided or connected residents with supportive services that can provide direct services or referrals.
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend community college or a four year educational institution.
Assisted residents to apply for, or attend vocational/technical training.
Assisted residents to obtain financial literacy training and/or coaching.
Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns.
Provided or connected residents with training on computer use or online technologies.
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses.
Attachment A
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
Other.
Table 15 – Qualitative Efforts - Number of Activities by Program Narrative
None of the funded activities for PY 2025/26 were required to report Section 3 data.
CR-60 - ESG 91.520(g) (ESG Recipients only)
ESG Supplement to the CAPER in e-snaps
For Paperwork Reduction Act
1. Recipient Information—All Recipients Complete
Basic Grant Information
Recipient Name MADERA
Organizational DUNS Number 078772142
UEI
EIN/TIN Number 946000365
Indentify the Field Office SAN FRANCISCO
Identify CoC(s) in which the recipient or
subrecipient(s) will provide ESG
assistance
ESG Contact Name
Prefix
First Name
Middle Name
Last Name
Suffix
Title
ESG Contact Address
Street Address 1
Street Address 2
City
State
ZIP Code
Phone Number
Extension
Fax Number
Email Address
Attachment A
CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
ESG Secondary Contact
Prefix
First Name
Last Name
Suffix
Title
Phone Number
Extension
Email Address
2. Reporting Period—All Recipients Complete
Program Year Start Date 07/01/2025
Program Year End Date 06/30/2026
3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name
City
State
Zip Code
DUNS Number
UEI
Is subrecipient a vistim services provider
Subrecipient Organization Type
ESG Subgrant or Contract Award Amount
36 PERCENT FUNDS OBLIGATED FOR PS ACTIVITIES (LINE 31/LINE 35) 9.60% 31 TOTAL PS OBLIGATIONS (LINE 27 + LINE 28 - LINE 29 + LINE 30) 95,741.15 32 ENTITLEMENT GRANT 989,791.00
33 PRIOR YEAR PROGRAM INCOME 7,000.00
34 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PS CAP 0.00
35 TOTAL SUBJECT TO PS CAP (SUM, LINES 32-34) 996,791.00 PART IV: PUBLIC SERVICE (PS) CAP CALCULATIONS
27 DISBURSED IN IDIS FOR PUBLIC SERVICES 70,845.99
28 PS UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 28,119.28 29 PS UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 3,224.12 30 ADJUSTMENT TO COMPUTE TOTAL PS OBLIGATIONS 0.00
LOW/MOD BENEFIT FOR MULTI-YEAR CERTIFICATIONS
23 PROGRAM YEARS(PY) COVERED IN CERTIFICATION PY: 2024 PY: 2025 PY: 2026 24 CUMULATIVE NET EXPENDITURES SUBJECT TO LOW/MOD BENEFIT CALCULATION 1,139,688.48 25 CUMULATIVE EXPENDITURES BENEFITING LOW/MOD PERSONS 1,139,688.40 26 PERCENT BENEFIT TO LOW/MOD PERSONS (LINE 25/LINE 24) 100.00% 18 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING 0.00
19 DISBURSED FOR OTHER LOW/MOD ACTIVITIES 1,139,688.48
20 ADJUSTMENT TO COMPUTE TOTAL LOW/MOD CREDIT 0.00
21 TOTAL LOW/MOD CREDIT (SUM, LINES 17-20) 1,139,688.48 22 PERCENT LOW/MOD CREDIT (LINE 21/LINE 11) 100.00%
14 ADJUSTMENT TO COMPUTE TOTAL EXPENDITURES 0.00
15 TOTAL EXPENDITURES (SUM, LINES 11-14) 1,274,942.44
16 UNEXPENDED BALANCE (LINE 08 - LINE 15) 945,361.12
PART III: LOWMOD BENEFIT THIS REPORTING PERIOD
17 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS 0.00
09 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 1,139,688.48 10 ADJUSTMENT TO COMPUTE TOTAL AMOUNT SUBJECT TO LOW/MOD BENEFIT 0.00 11 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 09 + LINE 10) 1,139,688.48 12 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 135,253.96 13 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS 0.00
06 FUNDS RETURNED TO THE LINE-OF-CREDIT 0.00
06a FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT 0.00
07 ADJUSTMENT TO COMPUTE TOTAL AVAILABLE (106,807.97)
08 TOTAL AVAILABLE (SUM, LINES 01-07) 2,220,303.56
PART II: SUMMARY OF CDBG EXPENDITURES
02 ENTITLEMENT GRANT 989,791.00
03 SURPLUS URBAN RENEWAL 0.00
04 SECTION 108 GUARANTEED LOAN FUNDS 0.00
05 CURRENT YEAR PROGRAM INCOME 118,802.97
05a CURRENT YEAR SECTION 108 PROGRAM INCOME (FOR SI TYPE) 0.00
MADERA , CA
Metrics
PART I: SUMMARY OF CDBG RESOURCES
01 UNEXPENDED CDBG FUNDS AT END OF PREVIOUS PROGRAM YEAR 1,218,517.56 Office of Community Planning and Development
U.S. Department of Housing and Urban Development
Integrated Disbursement and Information System
PR26 - CDBG Financial Summary Report
Program Year 2025
DRAFT- Attachment B
45 TOTAL SUBJECT TO PA CAP (SUM, LINES 42-44) 1,001,786.00 46 PERCENT FUNDS OBLIGATED FOR PA ACTIVITIES (LINE 41/LINE 45) 12.73% 40 ADJUSTMENT TO COMPUTE TOTAL PA OBLIGATIONS 0.00
41 TOTAL PA OBLIGATIONS (LINE 37 + LINE 38 - LINE 39 +LINE 40) 127,522.71 42 ENTITLEMENT GRANT 989,791.00
43 CURRENT YEAR PROGRAM INCOME 118,802.97
44 ADJUSTMENT TO COMPUTE TOTAL SUBJECT TO PA CAP (106,807.97) PART V: PLANNING AND ADMINISTRATION (PA) CAP
37 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 135,253.96 38 PA UNLIQUIDATED OBLIGATIONS AT END OF CURRENT PROGRAM YEAR 0.00 39 PA UNLIQUIDATED OBLIGATIONS AT END OF PREVIOUS PROGRAM YEAR 7,731.25 616,698.68
938,981.00
0.00 0.00
938,981.00
MADERA , CA
616,698.68
616,698.68
0.00 0.00
272,282.32
666,698.68
0.00 50,000.00
45.12%
938,981.00
423,698.68
100.00%
616,698.68
Office of Community Planning and Development
U.S. Department of Housing and Urban Development
Integrated Disbursement and Information System
PR26 - CDBG-CV Financial Summary Report
MADERA , CA
Metrics
New Grantee (CV)
PART I: SUMMARY OF CDBG-CV RESOURCES
01 CDBG-CV GRANT
02 FUNDS RETURNED TO THE LINE-OF-CREDIT
03 FUNDS RETURNED TO THE LOCAL CDBG ACCOUNT
04 TOTAL CDBG-CV FUNDS AWARDED
PART II: SUMMARY OF CDBG-CV EXPENDITURES
05 DISBURSEMENTS OTHER THAN SECTION 108 REPAYMENTS AND PLANNING/ADMINISTRATION 06 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION
07 DISBURSED IN IDIS FOR SECTION 108 REPAYMENTS
08 TOTAL EXPENDITURES (SUM, LINES 05 - 07)
09 UNEXPENDED BALANCE (LINE 04 - LINE8 )
PART III: LOWMOD BENEFIT FOR THE CDBG-CV GRANT
10 EXPENDED FOR LOW/MOD HOUSING IN SPECIAL AREAS
11 EXPENDED FOR LOW/MOD MULTI-UNIT HOUSING
12 DISBURSED FOR OTHER LOW/MOD ACTIVITIES
13 TOTAL LOW/MOD CREDIT (SUM, LINES 10 - 12)
14 AMOUNT SUBJECT TO LOW/MOD BENEFIT (LINE 05)
15 PERCENT LOW/MOD CREDIT (LINE 13/LINE 14)
PART IV: PUBLIC SERVICE (PS) CALCULATIONS
16 DISBURSED IN IDIS FOR PUBLIC SERVICES
17 CDBG-CV GRANT
18 PERCENT OF FUNDS DISBURSED FOR PS ACTIVITIES (LINE 16/LINE 17) PART V: PLANNING AND ADMINISTRATION (PA) CAP
19 DISBURSED IN IDIS FOR PLANNING/ADMINISTRATION 50,000.00 20 CDBG-CV GRANT 938,981.00
21 PERCENT OF FUNDS DISBURSED FOR PA ACTIVITIES (LINE 19/LINE 20) 5.32% DRAFT Attachment C
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
_________________________________ Agenda Number:
Will Tackett, Community Development Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Ordinance Text Amendment (OTA 2026-03) for the amendment of Chapter 3 of Title X: Planning and Zoning of the City Municipal Code
RECOMMENDATION:
Staff recommend the City Council act as follows:
1. Move to continue the public hearing to the regular meeting of the City Council scheduled to be held on October 21, 2026.
SUMMARY:
The Housing Element is one of eight mandatory elements of a General Plan and is required by California State Law to be updated every eight years. On February 4, 2026, the City Council adopted Resolution No. 26-02 approving General Plan Amendment (GPA) No. 2026-01 for the 2024-2032 6th Cycle Housing Element update.
The Housing Element serves as the State-mandated housing plan for a local jurisdiction and must identify adequate sites, policies, and programs to facilitate housing production across all income levels. The City Housing Element includes goals, policies and programs which aim to encourage the development of a variety of housing opportunities and provide adequate sites to meet the Regional Housing Needs Allocation (RHNA) during the planning period (2024-2032).
For this purpose, the Housing Element identified a comprehensive inventory of vacant and nonvacant opportunity sites intended to accommodate the City’s RHNA. On June 17, 2026, the Council adopted Ordinance No. 1022 C.S. rezoning those parcels identified in Appendix A: Sites A-3
RETURN TO AGENDA
Inventory Map and Appendix B: RHNA Sites Inventory to the City Housing Element to provide adequate sites to meet its housing needs.
While the City has adopted the 2024-2032 Housing Element and has rezoned adequate sites to meet its housing need, it has not yet completed the housing element process for the 6th cycle. To address affirmatively furthering fair housing (AFFH) goals and improve access for a diverse array of housing opportunities for all residents of Madera, including members of protected classes, Housing Element Program A-1 provides the City will seek to expand affordable and multifamily housing opportunities in areas of high resource, including amending the Zoning Regulations of the City Municipal Code to allow by-right approval for projects that include at least 20 percent of the units for lower-income housing on the rezoned RHNA sites to comply with Government Code Section 65583.2(h).
Ordinance Text Amendment (OTA 2026-03) proposes an amendment to Chapter 3 of Title X:
Planning and Zoning of the City Municipal Code (CMC) adding a Housing Element Implementation (HEI) Overlay Zone to the Zoning Regulations in accordance with Program A-1 of the City’s adopted 6th Cycle Housing Element. The HEI Overlay Zone would permit residential use by-right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period, and which meet the criteria of California Government Code Section 65583.2.
While notice of the public hearing scheduled for September 16, 2026, was published in the Madera Tribune on August 22, 2026, as required by law, the proposed HEI Overlay Zone would be limited in application to the rezoned RHNA sites. Therefore, staff are requesting this item be continued to the regular meeting of the City Council scheduled for October 21, 2026, to allow time for notices to also be mailed to the respective owners of properties that will be affected.
Minutes of a Regular Meeting of the Madera City Council Wednesday, September 2, 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, City Engineer Keith Helmuth, Director of Financial Services Michael Lima, Division Fire Chief Larry Pendarvis, Director of Human Resources Wendy Silva, Director of Information Technology Gary Price, Director of Parks and Community Services Joseph Hebert, Planning Manager David Brletic, Public Works Director Harpiar Gandhi, Administrative Analyst I (Engineering) Nicole Say and Deputy City Engineer Eric Frampton.
INVOCATION: Pastor Tim Echevarria
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Zacharia
APPROVAL OF AGENDA:
City Clerk Alicia Gonzales announced there were typographical errors in the staff reports for Items B-6 and D-2; their resolutions are correct. City Attorney Shannon Chaffin announced that updated maps for Item B-5 have also been provided to Council and those in attendance.
ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY COUNCILMEMBER RODRIGUEZ, THE AGENDA WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
PRESENTATIONS:
1. Proclamation Recognizing Upstander’s Day
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 Item: B-1
Minutes for: 09/02/2026
Adopted: 09/16/2026
RETURN TO AGENDA
City of Madera City Council Minutes
205 W. 4th Street September 2, 2026
Madera, CA 93637 Page 2 of 6
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.
Mike Pistoresi, a member of the community advocated a salary increase for the Code Enforcement Department to address staffing shortages.
Hortencia Mata Klien, who lives near Alpha School, mentioned a current Code Enforcement staffing shortage and suggested that enforcing fines for vehicles parked on streets during designated streetsweeping days could generate the revenue needed to fund additional positions.
No further Public Comment was presented. Public Comment was closed.
A. PUBLIC HEARINGS: None
B. 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.
ON MOTION BY COUNCILMEMBER VILLEGAS AND SECONDED BY COUNCILMEMBER MEJIA, THE CONSENT CALENDAR WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
B-1 Minutes – August 19, 2026, August 20, 2026
Recommendation: Approve the City Council Minutes of August 19, 2026 and August 20, 2026 (Report by Alicia Gonzales)
B-2 Informational Report on Register of Audited Demands Recommendation: Review Register of Audited Demands Report for August 8 to August 21, 2026 (Report by Michael Lima)
B-3 Adoption of Updated Conflict of Interest Code
Recommendation: Adopt a Resolution Adopting the Conflict of Interest Code and Rescinding Resolution No. 24-132 (Report by Alicia Gonzales)
RES 26-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA ADOPTING THE CONFLICT OF INTEREST CODE FOR THE CITY OF MADERA AND RESCINDING RESOLUTION NO. 24-132
B-4 Budget Amendment for Information Technology (IT) services Recommendation: Adopt a Resolution Approving a Budget Amendment in the amount of $50,000 for IT Services (Report by Gary Price)
RES 26-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROPRIATING $50,000 TO THE CITY OF MADERA’S FISCAL YEAR 2026- 27 ADOPTED BUDGET FOR INFORMATION TECHNOLOGY SERVICES
B-5 Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03) Final Map and Improvement Agreement and Initiation of Annexation Proceedings into Landscape Maintenance District Zone of Benefit 27B
Recommendation: 1. Adopt Resolution:
City of Madera City Council Minutes
205 W. 4th Street September 2, 2026
Madera, CA 93637 Page 3 of 6
a. Approving the Final Map for the Vineyard Estates Phase III-B Subdivision (Tract No. 21-S-03); and
b. Approving Agreement for the Vineyard Estates Phase III-B Subdivision (Agreement); and
c. Authorizing Staff to Record the Final Map and Agreement; and
d. Accepting the Dedication of Land for Public Use.
2. Adopt Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Annexation of Property into City of Madera Landscape Maintenance District Zone of Benefit 27B, to Review the Improvements and Assessments for Fiscal year 2027/28, and Setting a Public Hearing (Report by Keith Helmuth)
RES 26-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING THE FINAL MAP FOR THE VINEYARD ESTATES PHASE III-B SUBDIVISION (TRACT NO. 21-S-03) AND IMPROVEMENT
AGREEMENT (AGREEMENT) AND ACCEPTING DEDICATIONS FOR PUBLIC USE
RES 26-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA INITIATING PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE ANNEXATION OF PROPERTY INTO
CITY OF MADERA LANDSCAPE MAINTENANCE DISTRICT ZONE OF BENEFIT 27B, TO REVIEW THE IMPROVEMENTS AND ASSESSMENTS FOR FISCAL YEAR 2027-2028, AND SETTING A PUBLIC HEARING
B-6 Local Partnership Agreement with Social Vocational Services (SVS) Recommendation: Adopt a Resolution Approving a Local Partnership Agreement with Social Vocational Services (Report by Joseph Hebert)
RES 26-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA APPROVING A LOCAL PARTNERSHIP AGREEMENT WITH
SOCIAL VOCATIONAL SERVICES
B-7 Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. for Professional Landscape Maintenance Services Recommendation: Adopt a Resolution Approving Amendment No. 1 to the Contractor Services Agreement with Elite Maintenance & Tree Service, Inc. (Report by Joseph Hebert)
RES 26-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA APPROVING AMENDMENT NO. 1 TO THE CONTRACTOR
SERVICES AGREEMENT WITH ELITE MAINTENANCE & TREE SERVICE, INC.
B-8 2026 Old Timers Day Parade and Booths in the Park event entries Recommendation: Approve a Minute Order Authorizing the City Manager to Execute Documents Necessary for any City Entries in the Old Timers Day Parade and Related Booths in the Park Event Scheduled September 26, 2026 (Report by Alicia Gonzales)
City of Madera City Council Minutes
205 W. 4th Street September 2, 2026
Madera, CA 93637 Page 4 of 6
B-9 Porsche Club of America Special Activity Permit for Autocross Events at the Airport Recommendation: Adopt a Resolution Approving a Special Activity Permit for the use of Designated Areas of the Madera Municipal Airport for Porsche Club of America Autocross Events for Fiscal Year 2026/27 (Report by Harpiar Gandhi)
RES 26-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING A SPECIAL ACTIVITY PERMIT FOR THE USE OF
DESIGN ATED AREAS OF THE MADERA MUNICIPAL AIRPORT FOR THE 2026-2027 PORSCHE CLUB OF AMERICA AUTOCROSS EVENTS
B-10 Budget Amendment for the Airport Apron A2 and Hangar Taxilane Rehabilitation Project Recommendation: Adopt a Resolution Approving a Budget Amendment for the Apron A2 and Hangar Taxilane Rehabilitation Project, Appropriating $2,478,005. This amount is Comprised of $2,275,567 in Confirmed Federal Aviation Administration (FAA) and Caltrans Aeronautics Grant Funding and a $202,438 Local Airport Fund Contribution (Report by Harpiar Gandhi) RES 26-159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA AMENDING THE CITY'S FY 2026/27 ADOPTED BUDGET,
APPROPRIATING FEDERAL AVIATION ADMINISTRATION (FAA) AIRPORT
INFRASTRUCTURE GRANT AND AIRPORT IMPROVEMENT PROGRAM
FUNDS, AND ASSOCIATED CALTRANS AERONAUTICS GRANT FUNDS, FOR THE APRON A2 AND HANGAR TAXILANE REHABILITATION PROJECT C. WORKSHOP: None
D. PETITIONS, BIDS, RESOLUTIONS, ORDINANCES, AND AGREEMENTS:
D-1 Project Status Update and Reimbursement Agreement with Union Pacific Railroad Company for the Rail Corridor Improvement Study
Recommendation: Adopt a Resolution Approving a Reimbursement Agreement with the Union Pacific Railroad Company (Report by Keith Helmuth)
ON MOTION BY COUNCILMEMBER EVANS AND SECONDED BY MAYOR PRO TEM ZACHARIA, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
RES 26-160 A RESOLUTION OF THE COUNCIL OF THE CITY OF MADERA, CALIFORNIA
APPROVING A REIMBURSEMENT AGREEMENT BETWEEN UNION PACIFIC
RAILROAD COMPANY AND THE CITY OF MADERA FOR THE CITY OF
MADERA RAIL CORRIDOR IMPROVEMENT STUDY PROJECT
D-2 Central Valley Salinity Coalition (CVSC) Agreement for Participation in the Prioritization and Optimization Study for the Alternative Salinity Permitting Approach Recommendation: Adopt a Resolution Approving Entering the Agreement for Permittees Selecting Participation in the Prioritization and Optimization Study for Alternative Salinity Permitting Approach with the Central Valley Salinity Coalition (Report by Harpiar Gandhi)
ON MOTION BY COUNCILMEMBER MONTES AND SECONDED BY COUNCILMEMBER VILLEGAS, ITEM D-1 WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
City of Madera City Council Minutes
205 W. 4th Street September 2, 2026
Madera, CA 93637 Page 5 of 6
RES 26-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING ENTERING THE CENTRAL VALLEY SALINITY
COALITION AGREEMENT FOR PERMITTEES SELECTING PARTICIPATION IN
THE PRIORITIZATION AND OPTIMIZATION STUDY FOR ALTERNATIVE
SALINITY PERMITTING APPROACH
E. ADMINISTRATIVE REPORTS:
E-1 Select Recipient for the Proclamation Recognizing Old Timers Day Annual Parade Recommendation: Request for Councils selection of a recipient for the Proclamation Recognizing Old Timers Day Annual Parade (Report by Alicia Gonzales)
ON MOTION BY COUNCILMEMBER RODRIGUEZ AND SECONDED BY COUNCILMEMBER EVANS, ITEM D-2 SELECTING DENNIS SMITH AS THE RECIPIENT OF THE PROCLAMATION WAS APPROVED UNANIMOUSLY BY A 7/0 VOTE.
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.
Councilmember Evans had nothing to report.
Mayor Pro Tem Zacharia had nothing to report.
Councilmember Montes had nothing to report.
Councilmember Mejia had nothing to report.
Councilmember Rodriguez requested a future agenda item to discuss the City’s partnership and collaboration with Madera Unified School District, including the possibility of allowing public access to school facilities, such as tennis courts, during the off-season.
Councilmember Villegas had nothing to report.
Mayor Gallegos welcomed the City’s Fire Chiefs back to Madera following their assistance in other communities.
G. CLOSED SESSION:
G-1 Threat to Public Services or Facilities (Government Code §54957(a)) Consultation with: City Manager and City Attorney
City Attorney Shannon Chaffin made the closed session announcement at 6:34 p.m. Mr. Chaffin and Council returned from Closed Session at 6:46 p.m. Mr. Chaffin stated there was no reportable action.
FUTURE MEETING DATES:
Wednesday, September 16, 2026
Wednesday, October 7, 2026
ADJOURNMENT: Meeting was adjourned at 6:46 p.m.
City of Madera City Council Minutes
205 W. 4th Street September 2, 2026
Madera, CA 93637 Page 6 of 6
_____________________________________ ___________________________________ 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: September 16, 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 August 22 to September 4, 2026 SUMMARY:
The Register of Audited Demands for the City covering obligations paid during the period of August 22 to September 4, 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 46279 – 46308 $244,730.04
Table 2: Wire Transfer Summary
Description Vendor Amount
Payroll and Taxes US Bank $750,767.82
SDI EDD $3,363.72
CalPERS Payment CalPERS $165,571.32
DISCUSSION:
Warrant requests are processed weekly based on the Fiscal Year 2026/2027 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 2026/2027 Adopted Budget.
ALTERNATIVES:
Informational only.
ATTACHMENTS:
Register of Audited Demands
CHECK PAY DATE PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT 46279 08/31/2026 Water Capital Outlay MOORE TWINING ASSOCIATES, INC WELL 37 TESTING SERVICES 2,217.20 46280 08/31/2026 PD Operations VASQUEZ, RYAN REIMBURSEMENT - HOTEL FEES 964.70 46281 08/31/2026 PD Operations RAUL R. HERRERA JR. POLYGRAPHS 7,750.00 46282 08/31/2026 Sports Programs J & D MANUFACTURING TINY TIKES SHIRTS 331.89 46282 08/31/2026 Sports Programs J & D MANUFACTURING FOOTBALL BANNERS 330.77 46283 08/31/2026 Animal Control NVA FRESNO VETERINARY MANAGEMENT, LLC VETERINARY SERVICES 270.71 46284 08/31/2026 Computer Replacement DASHER TECHNOLOGIES INC. PALO ALTO FIREWALL RENEWAL 18,348.84 46285 08/31/2026 PD Operations PACIFIC STORAGE COMPANY SHREDDING SERVICES 552.00 46286 08/31/2026 SUPP LAW ENF CV FORENSIC NURSING SPECIALISTS EXAM - 26M-03058 1,500.00 46287 08/31/2026 PD Operations JARED MACIEL REIMBURSEMENT - HOTEL FEES 964.70 46288 08/31/2026 General Trust Fund CALIFORNIA EPA MPD ASSET FORFEITURE - 26M-02508 2426-26AF CY 204.83 46289 08/31/2026 PD Operations LAW DOG K9 K9 VENDOR TRAINING 700.00 46290 08/31/2026 Airport Capital Projects BRANDLEY ENGINEERING INC PROFESSIONAL ENGINEERING SVS 930.00 46291 08/31/2026 PD Operations RODRIGUEZ REUBEN REIMBURSEMENT - M1 TRAINING COURSE 395.00 46292 08/31/2026 PD Operations CINTAS CORPORATION MEDICAL SUPPLIES 298.82 46293 08/31/2026 PD Operations VIDEGAIN, ALICIA PER DIEM - FMCPCA 26 CHIEFS EXECUTIVE WORKSHOP 301.00 46294 08/31/2026 Fleet Maintenance GERARDO YANEZ REIMBURSEMENT - TOOL ALLOWANCE 300.00 46295 08/31/2026 Central Admin PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 149.65 46295 08/31/2026 Comm & Rec Centers PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 637.35 46295 08/31/2026 COMPUTER MAINT PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 17.50 46295 08/31/2026 Engineering PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 109.60 46295 08/31/2026 Facilities Maintenance PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 1,358.17 46295 08/31/2026 Fleet Maintenance PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 556.80 46295 08/31/2026 Parks PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 1,014.70 46295 08/31/2026 STREETS PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 1,283.18 46295 08/31/2026 Sewer Mtnc/Operations PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 351.50 46295 08/31/2026 Street Cleaning PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 52.25 46295 08/31/2026 UB - Water PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 48.15 46295 08/31/2026 Water Mtnc/Operations PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 977.99 46295 08/31/2026 Water Quality Control PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 221.55 46295 08/31/2026 WWTP PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 1,343.71 46295 08/31/2026 PD Operations PRUDENTIAL OVERALL SUPPLY UNIFORM SERVICES 07/26 179.05 46296 08/31/2026 Golf Course Capital FRESNO ROOFING COMPANY, INC. GOLF BANQUET ROOF REPAIR 5,200.00 46297 08/31/2026 UB - Garbage SAFEGUARD BUSINESS SYSTEMS, INC. UB BAGS AND DEPOSIT SLIPS 143.20 46297 08/31/2026 UB - Sewer SAFEGUARD BUSINESS SYSTEMS, INC. UB BAGS AND DEPOSIT SLIPS 201.20 46297 08/31/2026 UB - Water SAFEGUARD BUSINESS SYSTEMS, INC. UB BAGS AND DEPOSIT SLIPS 402.39
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 16, 2026
CHECK PAY DATE PAID FROM ORG ISSUED TO DESCRIPTION AMOUNT
CITY OF MADERA
REGISTER OF AUDITED DEMANDS FOR BANK #1 - US BANK GENERAL ACCOUNT September 16, 2026
46298 08/31/2026 City Attorney ALESHIRE & WYNDER LLP CONSULTING SVS CITY ATTORNEY 62,196.20 46299 08/31/2026 STREETS INTERNATIONAL COATINGS COMPANY, INC. TRAFFIC PAINT 16,292.69 46300 08/31/2026 PD Operations B & M SUPPLIERS LLC NITRILE GLOVES 285.00 46301 08/31/2026 AIRPORT OPS CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 827.09 46301 08/31/2026 Central Admin CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 2,240.75 46301 08/31/2026 Comm & Rec Centers CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 8,048.99 46301 08/31/2026 COMPUTER MAINT CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 264.37 46301 08/31/2026 Engineering CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 1,567.50 46301 08/31/2026 Finance CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 264.37 46301 08/31/2026 INTERMODAL BLDG CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 920.13 46301 08/31/2026 Parks CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 87.55 46301 08/31/2026 Sewer Mtnc/Operations CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 257.50 46301 08/31/2026 SOLID WASTE CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 1,964.02 46301 08/31/2026 TRANS - FIXED CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 890.25 46301 08/31/2026 TRANS - DAR CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 890.25 46301 08/31/2026 UB - Garbage CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 264.37 46301 08/31/2026 UB - Water CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 264.37 46301 08/31/2026 WWTP CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 1,138.86 46301 08/31/2026 MEAS K - PD CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 1,092.83 46301 08/31/2026 PD Operations CCS FACILITY SERVICES - FRESNO, INC. JANITORIAL SERVICES 08/26 4,518.61 46302 08/31/2026 PD Operations ARNOLD, JOSIAH PER DIEM - FMCPCA 2026 CHIEFS EXECUTIVE WORKSHOPP 301.00 46303 08/31/2026 Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #86 09/26 930.46 46304 08/31/2026 Home Program Income MEADOWS MOBILE HOME PARK SPACE RENTAL #19 09/26 979.75 46305 08/31/2026 Water Capital Outlay CALIFORNIA DEPT OF FISH AND WILDLIFE WATER MAIN REPLACEMENT CROSSING 1,929.75 46306 08/31/2026 PD Operations CHIARAMONTE, GIACHINO PER DIEM - FMCPCA 2026 CHIEFS EXECUTIVE WORKSHOPP 301.00 46307 08/31/2026 Water Mtnc/Operations MADERA PUMPS, INC. WELL 26 REHAB 10,945.93 46307 08/31/2026 Water Mtnc/Operations MADERA PUMPS, INC. WELL 28 REHAB 74,135.55 46308 08/31/2026 MEAS K - PD ROSEL, JOHN PER DEIM - SHERMAN BLOCK SLI SESSION 8 322.50 BANK #1 - US BANK GENERAL ACCOUNT TOTAL $ 244,730.04
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
_________________________________ Agenda Number: ___________ Wendy Silva, Director of Human Resources
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
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)
SUMMARY:
The purpose of this report is to provide the Council an informational update on employment matters, including new hires, transfers, and terminations. This report represents activity since the prior report submitted on the August 19, 2026, City Council agenda.
DISCUSSION:
The Civil Service Commission met September 1, 2026, and approved eligibility lists for the following classifications.
▪ Computer Technician I
▪ Code Enforcement Supervisor
▪ Public Safety Dispatcher II
The following employees began employment with the City since our last report.
Table 1: New Hires and Re-hires
Name Position Department Status* Effective
Date
Adrian Erigio Facility Aid Parks & Community
Services
PT 8/24/26
Kristin Willet Deputy City Engineer Engineering FT 8/24/26 Naydena Silva Animal Control Officer Police FT 8/24/26
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Table 1: New Hires and Re-hires, continued
Name Position Department Status* Effective
Date
Adolpho
Resendez Serena
Park Aide Parks & Community
Services
PT 8/24/26
Claudia Carreno
Trejo
Park Aide Parks & Community
Services
PT 9/8/26
Miguel Angeles Accounting Technician II Finance – Utility Billing FT 9/8/26 Daniel Cruz Program Leader I Parks & Community
Services
PT 9/8/26
Logan Gibson Police Officer Trainee Police FT 9/8/26
Alan Mok Senior Civil Engineer Engineering FT 9/8/26
Joana Morfin Program Leader I Parks & Community
Services
PT 9/8/26
Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant The following employees separated from employment since our last report.
Table 2: Separations
Name Position Department Status* Effective
Date
Derek Frias Park Aide Parks & Community
Services PT 7/9/26
Tristan
Okpalaugo Police Officer II Police FT 7/24/26
Robert Stever Facility Aid Parks & Community
Services PT 8/21/26
Elliot Racusin Administrative Analyst I Engineering FT 8/21/26 Alberto Vega Public Works Maintenance
Lead Worker Public Works – Sewer FT 8/28/26
Calvin Barron Public Works Maintenance
Worker II Public Works – Sewer FT 8/28/26
Brissia Galindo
Garcia Records Clerk Police FT 8/31/26
Mario Urango Equipment Operator Public Works – Safe &
Clean Team FT 8/31/26
Cody Gaither Parks Worker I Parks & Community
Services FT 9/4/26
*Status: FT = Full Time, PT = Part Time, RA = Retired Annuitant FINANCIAL IMPACT:
Funding for positions and employees to fill those positions is contemplated annually by the Council in the budget process. During the course of any given fiscal year, individual employees filling specific positions may change due to a number of various circumstances. All hiring and termination decisions are subject to the approval of the City Manager.
ALTERNATIVES:
This report is for informational purposes only.
ATTACHMENTS:
None
REPORT TO CITY COUNCIL
Approved by:
_________________________________
Michael Lima, Director of Financial Services
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Amendment to Resolution 26-135 for Fleet Division-related purchases RECOMMENDATION:
Adopt a Resolution approving amendment to Resolution 26-135 using Sourcewell piggyback agreement with National Auto Fleet Group adding sales tax for the purchase of two replacement pickups
SUMMARY:
Appropriations for numerous pieces of equipment were included in the Fiscal Year (FY) 2026/27 Adopted Budget for the Fleet Replacement Fund (Org Unit 3065-0000), which Council approved on June 24, 2026. Included in those appropriations were funding for a replacement pickup for Code Enforcement and a replacement pickup for Fleet. Council originally approved purchase of these vehicles at its August 5, 2026 meeting. Sales tax was not included in the quote originally provided to Council. Staff is requesting approval of an additional $5,581.68 to cover sales tax on the purchase. The revised total is $73,256.02.
DISCUSSION:
Council approved Ordinance 996 C.S. on December 21, 2022, which amended the City’s Municipal Code by adding Title II, Section 4 - Purchasing Procedures. This section allows the city to utilize piggyback purchasing procedures through the Procurement Services Manager to purchase supplies, equipment, or services without completing the City’s bidding or proposal process. A piggyback contract can be executed via another entity’s agreement when the items or services have already been bid by other governmental agencies or special cooperative agreements, provided such contracts are the result of a competitive bidding process, that the competitive bidding process used and all terms and conditions are substantially the same as those used by Council Meeting of: September 16, 2026
Agenda Number: ________ B-4
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the City, and that the competitive bidding process and terms and conditions contain a clause allowing piggybacking by other public agencies.
The Fleet Division purchases various commodities throughout the year for its daily operations, including vehicles, equipment, miscellaneous goods, and services. Because of the variety and quantity of procurements made by Fleet, the division is a natural fit to utilize the piggyback procurement process.
Council approved purchase of a Ford Maverick to replace a 2009 Ford F150 and a 2006 Chevrolet ½ ton pickup (respectively) with smaller and more economical Ford Maverick pickups at its August 5th, 2026 meeting utilizing the Sourcewell piggyback purchase agreement. The original quote from the vendor, which was presented to Council at that meeting, did not include sales tax. Staff is requesting Council approve an amendment to Resolution 26-135, adding an additional $5,581.68 in sales tax for a total of $73,256.02.
FINANCIAL IMPACT:
The purchases for the Ford Maverick vehicles are being made from the Fleet Acquisition Fund (Org 3065-0000). Adequate appropriations were included in the Fiscal Year 2026/27 Adopted Budget for the additional $5,581.68 in sales tax
ALTERNATIVES:
As an alternative, Council may direct staff to prepare a Request for Proposals (RFP) to solicit new quotes from vendors for the vehicles. While feasible, this would require staff resources with no certainty that the prices obtained through this alternative process would be better than those obtained through the existing piggyback purchase with the addition of sales tax.
ATTACHMENTS:
1. Resolution approving Sourcewell piggyback purchase
RESOLUTION NO. _______
RESOLUTION APPROVING AMENDMENT TO RESOLUTION 26-135 USING
SOURCEWELL PIGGYBACK AGREEMENT WITH NATIONAL AUTO FLEET
GROUP ADDING SALES TAX FOR THE PURCHASE OF TWO REPLACEMENT
PICKUPS
WHEREAS, Council approved the purchase of two replacement pickups at the August 5th, 2026, meeting using the Sourcewell piggyback contract; and WHEREAS, the original quote did not include sales tax in the amount of $5,581.68; and WHEREAS, the total cost of the two pickups with sales tax is $73.256.02; and WHEREAS,staff has conducted a due diligence and determined that a piggyback purchase through Sourcewell best meets the City’s interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA does hereby resolve, find, and order as follows:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. The Council finds that the use of piggyback purchases per the City’s Municipal Code, Title II, Section 4 - Purchasing Procedures is appropriate, and is in the best interest of the City.
3. The Council approves the amendment to Resolution 26-135 for the addition of $5,581.68 in sales tax for purchase of the two Ford Mavericks for $73,256.02 from National Auto Fleet Group (Sourcewell Contract #081325-NAF).
4. The City Manager is authorized to enter into agreements(s) for each of the items listed above, consistent with the material terms of the Sourcewell agreements and California law, and subject to approval as to legal form by the City Attorney.
5. This Resolution shall take effect immediately upon its adoption. * * *
REPORT TO CITY COUNCIL
Approved by:
Council Meeting of: September 16, 2026
_________________________________ Agenda Number: ___________ Giachino Chiaramonte, Chief of Police
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY26 Grant RECOMMENDATION:
Adopt a Resolution authorizing submission of an application to the Edward Byrne Memorial Justice Assistance Grant program for Fiscal Year 2026, and authorizing the City Manager (or designee) to execute all related application documents.
SUMMARY:
The goal of the subject grant application is to utilize the City’s formula allocation of JAG funds to support critical law enforcement technology enhancements for the Police Department (MPD).
The funding will be dedicated to furthering the City’s objective of modernizing operational hardware, software, or field infrastructure to improve officer safety, data accessibility, and interagency coordination during daily patrols and critical incident responses.
DISCUSSION:
The U.S. Department of Justice makes awards of Edward Byrne Justice Assistance Grant (JAG) funds to state and local governments on a formula basis. The JAG program is the leading federal source of criminal justice funding to state and local jurisdictions, supporting a range of program areas including law enforcement operations, crime prevention, officer safety, and technology improvements. As determined by the JAG formula, the City is eligible to receive $24,560 from the JAG program’s FY26 solicitation.
Staff has evaluated the operational needs of MPD and has determined that investing this allocation in technology and modern policing tools will provide the greatest benefit to the Department and the community. In an ever-evolving public safety environment, reliable and upto-date technology is essential for supporting timely responses, improving efficiency, and B-5
RETURN TO AGENDA
reducing the administrative burden on personnel. This investment will help ensure that MPD staff have the tools and resources necessary to effectively serve the community.
Grant funds will be directed toward technological improvements, including available AI-assisted report drafting and other tools designed to reduce administrative workload and return valuable time to officers for active community policing and other public safety responsibilities. MPD is exploring technology platforms that can support a range of functions, including video and document redaction, report drafting, and the organization and search of evidence and case information. These tools support field personnel and investigators while modernizing department systems, ensuring officers have dependable, high-functioning systems in place to serve the community effectively.
FINANCIAL IMPACT:
Submission of a JAG application will provide the City with $24,560 in Federal grant funding to support local law enforcement. The Byrne JAG formula grant does not require a local matching fund commitment. As a result, it will not adversely affect the General Fund and may benefit it by offsetting costs for necessary technological upgrades.
ALTERNATIVES:
The City Council may consider the following alternatives:
1. Decline authorization to submit the grant application, forfeiting the City’s $24,560 federal formula allocation.
2. Direct staff to adjust the focus of the grant application or request additional information prior to submission.
ATTACHMENTS:
1. Resolution to authorize application for JAG 2026 Local Solicitation RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MADERA,CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN
APPLICATION FORAWARD TO THE EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT PROGRAM
WHEREAS, the City of Madera Police Department is responsible for the safety of the citizens of the community; and
WHEREAS, the Madera Police Department spends considerable resources in its efforts to provide frontline law enforcement services to the community; and WHEREAS, the Council of the City of Madera supports the efforts of the police department to secure resources by the most efficient means possible; and WHEREAS, the Congress of the United States has allocated $24,560 through the Edward Byrne Memorial Justice Assistance Grant (JAG) program to the City of Madera to be used for frontline law enforcement services; and
NOW THEREFORE, THE COUNCIL OF THE CITY OF MADERA does hereby find, resolve, and order:
1. The above recitals are true and correct.
2. The City Manager or designee is hereby authorized to submit an application and execute all required documents.
3. This resolution shall be effective immediately upon adoption. **********
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Request by Bernardo Osuna and Martha Garcia for connection to the City’s water system RECOMMENDATION:
Adopt a Resolution approving an Agreement for Outside City Limits Water Connection for 16454 North Lake Street (APN 038-081-052)
SUMMARY:
The City of Madera (City) has a policy wherein properties located outside the City Limits, but proximate to the City water and sewer systems, may, under certain conditions, apply for and receive City utility services. If approved by City Council, this Agreement for Outside City Limits Water Connection for 16454 N. Lake Street (APN 038-081-052) (Agreement) will be documented and recorded on the property's title, ensuring that future transactions involving the property, such as its sale, will ensure the Agreement be listed in the Title Report. This provision ensures that all stakeholders involved in property transactions are made aware of the Agreement's existence and terms.
DISCUSSION:
The property owners, Bernardo Osuna and Martha Garcia (Owners), have an existing singlefamily residence on a 1.20-acre parcel located on the west side of Lake Street, between Ellis Street and Martin Street. The Owners have made a request to connect to the existing 12-inch City water main in Lake Street due to the failure of the well, which previously served the residents’ water needs. The Owners have emphasized the urgency of this matter as the lack of potable water leaves them with limited options, potentially requiring reliance on bottled water or incurring expenses for water delivery services.
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Importantly, all expenses associated with the water service lateral installation and subsequent charges will be borne by the Owner, including:
Water Service Lateral: A one-inch water meter and backflow preventer, and lateral branch line will be installed on the existing water main on Lake Street. This metered installation will follow the standard procedure for all new City connections. Development Impact Fees (DIF): A DIF of $845, designed for one house, will be collected prior to permitting the water connection. This fee aligns with the City's development policies and is a standard procedure for new connections. Encroachment Permit Fee: An encroachment permit fee of $279 will be levied on the Owners. This fee covers administrative expenses related to the installation process. Water Main payback: A reimbursement fee of $1,187.63 will be collected prior to permitting the water connection. This fee aligns with the City's development policies and is a standard procedure for new connections.
Volumetric Charges: Once connected, the Owners will be subject to volumetric charges, akin to existing utility customers. These charges are consumption-based and will be reflective of their water usage.
The Local Agency Formation Commission (LAFCO) has approved the connection for the home on this parcel to City water service outside the current City limits. This Agreement will be recorded on the title and will outline specific terms and conditions pertinent to the provided services. The Agreement serves as a critical document delineating the terms of service for the subject property and includes the Owners' covenant not to protest annexation. This covenant signifies the property owners' agreement not to oppose or protest potential future annexation efforts by the City.
FINANCIAL IMPACT:
In consideration of the request for the outside city limits water connection, it is important to note that approving this request incurs no additional expense to the City, the Water Enterprise Fund, or the General Fund. All costs associated with the physical construction of the water lateral and meter will be solely borne by the Owners.
This arrangement ensures that the financial burden of the physical installation of the water lateral and meter, as well as the applicable DIF fees, falls entirely upon the property Owners.
There is no direct impact on the City's financial resources or utility funds due to this approval.
ALTERNATIVES:
The denial of this Agreement could impact the residents of the specified property, leading the Owner to face unforeseen challenges. Without the approved water connection, the residents may encounter difficulties in obtaining access to potable water. This could prompt them to seek alternative and potentially costly measures to meet their basic water needs. Such alternatives might include reliance on bottled water or the expense of arranging water delivery services.
ATTACHMENTS:
1. Location Map
2. Resolution
Exhibit A – Agreement
Attachment 1
Location Map
16454 N. Lake Street
Attachment 2
Resolution
RESOLUTION NO. 26-_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA,
CALIFORNIA, APPROVING AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16454 N. LAKE STREET (APN 038-081-052)
WHEREAS, Bernardo Osuna and Martha Garcia own the property located at 16454 N. Lake Street (“Property”) and desiresto connect the Property to the City of Madera (City) watersystem; and
WHEREAS, the property is located in the unincorporated territory of the County of Madera; and
WHEREAS, the City Council is willing to authorize said connection to the City’s water system, subject to certain conditions; and
WHEREAS, all costs to connect to the City water system will be borne by the Property owner.
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 Council approves the Agreement for Outside City Limits Water Connection for 16454 N. Lake Street (APN 038-081-052) (Agreement) which is attached to this resolution as Exhibit A and incorporated by reference.
3. The City Engineer and City Clerk with concurrence of the City Attorney are authorized to make any clerical and non-material corrections to this resolution and the Agreement.
4. Staff is hereby directed to record the Agreement.
5. This resolution is effective immediately upon adoption. * * * * * * * * * * * * *
Exhibit A
Agreement
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF MADERA
205 W. 4TH STREET
MADERA, CA 93637
Presented for Recordation by the City of Madera
Fee Waived Per Sections 27383 & 27388.1(a)(2)(D) of the Government Code………No Fee Due Address: 16454 N Lake Street, Madera, California
APN: 038-081-052
AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION
FOR 16454 N Lake Street (APN 038-081-052)
This AGREEMENT FOR OUTSIDE CITY LIMITS WATER CONNECTION FOR 16454 N Lake Street (“Agreement”), is made and entered into this 16th day of September 2026, by and between the CITY OF MADERA, a municipal corporation of the State of California, hereinafter called “CITY”, and BERNARDO OSUNA AND MARTHA GARCIA, hereinafter called “OWNER”.
RECITALS
A. OWNER is the record owner of that certain real property located at 16454 N Lake Street, in the County of Madera, California and more particularly described below.
B. The Property consists of 1.20 acres, more or less, located on the west side of Lake Street, between Ellis Street and Martin Street, known as 16454 N Lake Street, in the unincorporated territory of Madera County (the “Subject Property”).
C. OWNER desires a water connection to serve one single-family dwelling on the Subject Property.
D. CITY is willing to authorize said water connection subject to conditions as set forth in this Agreement.
AGREEMENT
In consideration of the recitals above, which are incorporated herein, and the mutual promises contained herein, the Parties agree as follows:
1. Authority to Connect to City Water. CITY hereby authorizes OWNER to connect to the 12-inch water main on Lake Street to serve one dwelling for domestic residential (no commercial or agricultural) uses only on the Subject Property located at 16454 N Lake Street, which property is more particularly described as follows:
The land described herein is situated in the state of California, county of Madera, unincorporated area, described as follows:
A portion of lot 191 of "Miller and lux's subdivison of lands of Madera, Fresno Co., California", recorded in the office of the county recorder of the county of Madera, California, February 2, 1895 in volume 1 of Maps at Page 11, further described as follows:
The North 136.87 feet, more or less, of the South 547.26 feet of said lot 191. Excepting therefrom the East 40 feet thereof.
Further excepting therefrom the North 60 feet of the East 240 feet thereof; and Further excepting therefrom the South 10 feet of the East 180 feet thereof A.P.N.: 038-081-052
2. Payment of Fees. Prior to any such water connection, APPLICANT shall pay to CITY water impact fees which total $845.00 or that which may be in effect at the time fees are paid.
Impact fees are based on one single family residence on a single parcel. Any additional development on the Subject Property will be subject to additional CITY impact fees. OWNERS shall also pay the CITY connection, permit, inspection or other fees as required. On and after connection of OWNERS’ property to the CITY water system, OWNER shall pay to CITY the monthly water service charges as determined by the Director of Finance.
3. Municipal Service Application and Service Rates. In addition to this Agreement, OWNER agrees to complete a Municipal Service Application to apply for water and agree to pay the water rates applicable to City residents which will be billed in accordance with City billing of City residents. As a new water service connection, OWNER is required to install a water meter and a reduced pressure back flow prevention device at property line in accordance with CITY Standard Specifications and destroy any existing well onsite or disconnect from any community well in accordance with the Madera County and California Department of Health Standards.
4. Discontinuance of Utilities. The parties acknowledge that one result of the utility billing method of payment is to allow City to use the non-judicial remedy of discontinuing all utility services in the event of a default by OWNER in the performance of its duties and obligations pursuant to the Agreement.
5. No Assignment; Agreement Runs with the Land. The rights and obligations of the parties shall not be assigned or transferred to others without the prior written consent of the other party. This Agreement shall be binding upon and insure to the benefit of the parties’ successors or assigns. The burdens and benefits of this Agreement shall run with the land identified in Exhibit A attached hereto. This Agreement shall be executed in recordable form.
6. Notices. All notices to be given under this Agreement shall be in writing and either:
(a) Sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the United States Mail,
(b) Sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with this courier, or (c) By telecopy or similar means, if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by telecopier or other similar means provided that a transmission report is generated by reflecting the accurate transmission of the notices, as follows:
TO OWNER: Bernardo Osuna and Martha Garcia
16454 N Lake Street
Madera, CA 93638
TO CITY: CITY OF MADERA
Attn: City Manager
205 W. 4th Street
Madera, CA 93637
These addresses may be changed by written notice to the other party, provided that no notice of a change of address shall be effective until actual receipt by the parties of the notice.
Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.
7. Limitation on Use of City Water. OWNER agreesthat the water provided by the CITY shall be used only for domestic water service to the Subject Property. Any future water connection for property development purposes is subject to CITY approval.
8. LAFCo Approval. The Subject Property is located outside the corporate limits of the City of Madera but within the City’s Sphere of Influence. Due to this, the CITY must obtain authorization from the Madera Local Agency Formation Commission (LAFCo) to extend and/or connect utility services to the subject property. LAFCo authorization requires the submittal of an application for review. The CITY has prepared and submitted the required application, and LAFCo has authorized the extension and/or connection of utility services to the Subject Property.
9. Annexation. In accordance with Government Code Section 56133 (b) and LAFCo’s approval of the application to extend and/or connect utility services to the Subject Property, OWNER agrees not to protest the future annexation of the subject property into the City of Madera, if such annexation is not subject to conditions, excluding the facts pertaining to the annexation itself or the extension of water or sanitary sewer service, which might materially prejudice those holding interest in the Subject Property.
10. Attorney’s Fees. If either party commences an action against the other to enforce this Agreement, or because of the breach by either party of this Agreement, the prevailing party in this action shall be entitled to recover attorney fees and costs incurred in connection with the prosecution or defense of this action, including any appeal of the action, in addition to all other relief. Prevailing party within the meaning of this Section shall include, without limitation, a party who successfully brings an action against the other party for sums allegedly due or performance of covenants allegedly breached, or that party who obtains substantially the relief sought in the action.
11. Entire Agreement. This Agreement contains the entire agreement between the parties as to the subject matter hereof. This Agreement shall not be construed to relieve OWNER from properly maintaining improvements on OWNERS’ property as required by any existing site plan or conditional use permit, to excuse compliance with any law or regulation of general application, or to address any developmental requirements that may be applied to any future development of OWNERS’ property. Without limitation of the foregoing, OWNER acknowledges that the Development Impact Fees paid as provided herein are for the existing residence only, and any additional residences or other uses or additional improvements will require the payment of additional Development Impact Fees as may be applicable to such additional residences, uses or improvements.
No promise, representation, warranty, or covenant not included in this Agreement has been or is relied on by either party. Each party has relied upon his own examination of this Agreement, the counsel of his own advisors, and the warranties, representations, and covenants in the Agreement itself. The failure or refusal of either party to read the Agreement or other documents, or to obtain legal or other advice relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advice.
12. Time of the Essence. Time is of the essence for each condition, term, and provision in this Agreement.
13. Counterpart Signatures. This Agreement may be executed in one or more counterparts. Each shall be deemed an original and all taken together shall constitute one and the same instrument. The execution of this Agreement is deemed to have occurred, and this Agreement shall be enforceable and effective only on the complete execution of this Agreement by the parties.
14. Severance. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
15. No Waiver. A waiver or breach of a covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act.
16. Headings. Headings at the beginning of each section and subsection are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. The singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to it and incorporated to it by this reference.
17. Applicable Law. This Agreement shall be governed and construed in accordance with California law. This Agreement concerns real property located in Madera, California and each party agrees that a court of competent jurisdiction for the judicial district including Madera, California would be the most appropriate court for any litigation that might arise in connection with this Agreement.
18. Authority to Sign. Each party signing below certifies that he or she is authorized to execute this Agreement and thereby obligate the party on whose behalf such signature is made. The authority of each signer was, if necessary, granted by appropriate corporate action.
19. Amendments to Agreement. This Agreement may be modified or amended only by a writing duly authorized and executed by both parties. It may not be amended or modified by oral agreements or understanding between the parties. This Agreement and any modification or amendment thereto shall only be effective if authorized by the City Council of the City of Madera.
20. Limitation on Use of City Water. OWNER agrees that the water provided by the CITY shall be used only for domestic use and residential landscape irrigation use. No use of CITY water for agricultural irrigation or other use atypical of residential use shall be allowed.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year hereinabove first written.
CITY OF MADERA OWNERS
By: ___________________________ By: ___________________________ Keith B. Helmuth, City Engineer Bernardo Osuna, Owner
By: ___________________________ By: ___________________________ Cecilia K. Gallegos, Mayor Martha Garcia, Owner
ATTACH NOTARY ACKNOWLEDGEMENT
ATTEST:
By: ____________________________
Alicia Gonzales, City Clerk
APPROVED AS TO LEGAL FORM:
By: ____________________________
Shannon L. Chaffin, City Attorney
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
Agenda Number:
Keith Helmuth, Department Director
Arnoldo Rodriguez, City Manager
SUBJECT:
Water Main Replacement Project City Project W-43 Rebid
RECOMMENDATION:
Adopt a Minute Order Approving:
1. Acceptance of the Water Main Replacement Project City Project W-43 Rebid
2. Recording of Notice of Completion
3. Release of retention 35 days after the recording of the Notice of Completion SUMMARY:
On October 22, 2025, the City Council (Council) awarded a contract to Rolfe Construction Inc. (Contractor) for Water Main Replacement Project City Project W-43 Rebid for $4,970,222. The Contractor has completed the Project in accordance with the plans and specifications and as modified by approved change orders.
BACKGROUND:
The general scope of work consists of water main replacement in State Route 145 from Storey Road to 9th Street. Components of the water main replacements range from 6” PVC to 12” PVC lines and including gate valves, valve boxes, lateral connections, and fire hydrant connections.
The pipeline installation requires two jack and bore installations under the Union Pacific Railroad near E Street and Madera Irrigation District pipeline, respectively.
A final project inspection was completed by City staff and all work has been completed. Staff recommends acceptance by Council and recording a Notice of Completion.
Table 1 provides a summary of the final Project contract costs. Four change orders were processed. The first three change orders involved adjustments to the work due to overlooked or for
B-7
RETURN TO AGENDA
changed conditions in the field such as the addition of water services of various sizes, addition of traffic loop replacement, and the addition of sewer rehabilitation work on Yosemite and 7th Street. The final balancing Change Order #4 involves additive or deductive items based on the total work performed versus the total quantity included in the bid item.
Table 1: Final Project Cost Summary
Change
Order Description Total
Original Contract $4,970,222.00
#1 Addition of 1.5”, 2”, 6”, and 8” Water Service Replacements in lieu of 1” services called out on plans $421,123.70
#2 Addition of Trenching Machine, Hot Tap, Traffic Loops, and Removal of 6” and 8” Water Services not required -$22,411.12 #2 Replace 896 feet of Sewer Main on Yosemite Avenue $218,080.00 #3 Addition of Gateway & 8th Sewer Rehabilitation work, T&M Work, and Pipe Abandonment work. $20,397.00
#3 Replace 233 feet of Sewer Main across Gateway Drive at 7th Street $87,227.00
#4 Addition of T&M work for exploratory trenching and final balancing of Bid Items to match actuals constructed -$503,146.82 Total $5,191,491.77
The final contract cost is $221,269.77 above the original contract award using a total of 4.5% of the 20% contingencies approved at the time of award.
FINANCIAL IMPACT:
There is no fiscal impact on the City’s General Fund. The Project was programmed in the CIP FY 2025/26 budget for Water Utility Fund. Costs associated with the sewer main replacement, $305,307, were paid from the Sewer Enterprise Fund.
ALTERNATIVES:
As an alternative, the Council may reject the Project's Notice of Completion. Rejection of the Notice of Completion will result in staff’s inability to release retention funds and close the Project.
ATTACHMENTS:
1. Notice of Completion
2. Project Maps
3. Project Photos
Attachment 1
Notice of Completion
Recording Requested by:
City of Madera
And When Recorded, Mail to:
City of Madera – City Clerk
205 W. 4th Street
Madera, CA 93637
Space above this line for Recorder’s Use
Fee Waived per Section 27383 & 27388.1(a)(2)(D) of the Government Code – No Document Tax Due $ -0-
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Madera.
3. The full address of the undersigned is 205 W. 4th Street, Madera, CA 93637.
4. The nature of the title of the undersigned is: In fee Public Improvements (If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase” or “lessee”.)
5. The full name and full addresses of all persons, if any, who hold title with the undersigned as joint tenant or as tenants in common are:
Name Address
N/A
6. A work of improvement on the property hereinafter described was completed on 9/16/2026
7. The name of the original contractor, if any, for such work of improvement was:
(If no contractor for work of improvements as a whole, insert “none”.) Rolfe Construction Inc.
8. The full name(s) and address(es) of the transferor(s) of the undersigned is(are):
Name Address
N/A
9. The property on which said work of improvement was completed is in the City of Madera, County of Madera, State of California, and is described as follows:
Water Main Replacement on SR 145 from Storey Road to 10th Street and from El Dorado to 300 ft South of El Dorado, and Sewer replacement on Yosemite Ave near C Street and 8th Street.
City Project No. W-43
10. The street address of said property is none
(If no street address has been officially assigned, insert “none”.) (Signature of Owner named in Paragraph 2)
CITY OF MADERA
Dated Keith Brent Helmuth, P.E.
City Engineer
State of California
County of Madera
Keith Brent Helmuth, being duly sworn says: He is the City Engineer of the City of Madera, the corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that he makes this verification on behalf of said corporation; that he has read said notice and knows the contents thereof, and that the facts herein stated are true. (Signature of Officer)
Keith Brent Helmuth, P.E.
City Engineer
State of California
County of Madera
Subscribed and sworn to (or affirmed) before me on the day of , 2026 by Keith Brent Helmuth, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Seal)
Alicia Gonzales
City Clerk
The notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy or validity of that document.
Attachment 2
Project Map
Project Map
Attachment 3
Project Photos
Yosemite Ave NE of Railroad Tracks (Before)
Yosemite Ave NE of Railroad Tracks (After)
Yosemite Ave and Lake Street (Before)
Yosemite Avenue and Lake Street (During)
Yosemite Ave and Lake Street (During)
Yosemite Ave and Lake Street (After)
Gateway Drive Jack and Bore south of 8th Street (During) Gateway Drive Jack and Bore south of 8th Street (After)
REPORT TO CITY COUNCIL
Approved by: Council Meeting of: September 16, 2026
_________________________________ Agenda Number: ___________ Keith Helmuth, Department Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Change Order for the 2024 Wastewater Treatment Plant Improvement Project WWTP 24-01 for Construction of a New Influent Pump Station (IPS) Wet Well RECOMMENDATION:
Adopt a Resolution:
SUMMARY:
The City entered into a contract with Gateway Pacific Contractors, Inc., (Contractor) on December 4, 2024 for the 2024 Wastewater Treatment Plan Improvement Project WWTP 24-01 (the Project).
A structural evaluation of the existing Influent Pump Station (IPS) wet well was conducted in June 2025. The evaluation identified severe structural deterioration due to hydrogen sulfide gas, including concrete loss and corroded or missing rebar of concrete walls located in the wet well. The IPS wet well is a below-grade concrete chamber that receives raw wastewater (sewage) as it first enters the treatment plant. All incoming flows collect in this basin before being pumped into the next stage of the treatment process. It provides a steady, controlled flow to the WWTP, especially during peak periods (morning/evening, storms, etc.).
City staff determined that the best course of action is to replace the existing IPS wet well due to its poor condition. On November 19, 2025, City Council (Council) approved an amendment to design consultant engineer Stantec’s original agreement to design a new IPS wet well with the intent of getting a cost proposal from Contractor to perform the work. for
1. Approving the Award of a Contract Change Order to Gateway Pacific Contractors, Inc. for the Wastewater Treatment Plant (WWTP) Improvement Project to Construct a New Influent Pump Station Wet Well for $3,300,000 including contingencies of up to $225,000 as approved by the City Engineer
2. Authorizing an amendment to the Fiscal Year (FY) 2026/27 Sewer Fund Capital Projects Organization’s Adopted Budget appropriating $363,000 of fund balance for the Project D-1
RETURN TO AGENDA
In July 2026, the City received a proposal of $3,300,000 from Contractor for constructing a new wet well unit. Given the critical condition of the wet well at the WWTP versus the timeline necessary to secure plans, specifications and estimate package and to solicit bids, it is recommended that the Council award a change order to Contractor for this work during the construction of the headworks facility. The funds needed to complete the change order work are available in the Sewer Enterprise Fund.
DISCUSSION:
On February 7, 2024, the City approved an engineering services agreement with Stantec to design the WWTP 24-01 Improvements Project that replaces and repairs aging headworks, IPS wet well infrastructure and to inspect the wet well during bypass pumping to ascertain the extent of damage to the wet well structure.
The WWTP Improvements Project (Project 202324-19) has been in construction since February 2025. Construction was awarded to Contractor for $8,738,195 for completion of the new headworks facility. Initial work tasks included effluent bypass pumping and draining of the headworks wet well, which is attached to and structurally supports the IPS pumps and building.
After isolating and draining the wet well, Stantec inspected the site and noted that the structural concrete walls that support the adjacent IPS building are damaged beyond repair due to exposure to hydrogen sulfide gas emitted from the incoming waste effluent. The walls are no longer structurally sound resulting in the risk of catastrophic failure to the wet well and the IPS building.
The Structural Observation report is provided as an attachment to this report.
Unknown Conditions of the IPS Wet Well
It should be noted that in the report to the Council on December 4, 2024, staff indicated that additional work might be necessary because the condition of the IPS wet well had not yet been fully assessed. At that time, staff explained that the existing wet well was several decades old, had limited documentation regarding its condition and could only be fully evaluated once bypass pumping and exploratory work were performed. As a result, the scope of rehabilitation or replacement could not be confirmed during the initial phase of the project. In that report, staff stated:
“Early in the construction phase, the contractor is tasked to investigate the existing condition of the IPS wet well by providing bypass pumping of the headworks so the wet well can be drained and fully examined. This information will be used to identify the scope of necessary repairs and rehabilitation to be performed either as part of this project or as separate capital improvement project.” In June 2025, Stantec completed a structural observation of the existing IPS wet well and influent junction box. Findings included:
Missing or severely deteriorated concrete
Corroded and missing reinforcement steel
Structural instability in the upper 10 feet of the wet well Existing concrete foundation already at the end of its service life Following months of coordination with City staff, two alternatives were evaluated:
A. Alternative 1: Repair in Kind
a. Remove deteriorated concrete/rebar and replace with new concrete b. Does not address deteriorating foundation
c. Does not meet the long-term needs of a 10.1 MGD facility d. Cost less than Alternative 2
B. Alternative 2: Full Removal and Replacement (Recommended) a. Construct a new wet well to contemporary building standards b. Design for 10.1 MGD future capacity
c. Includes new level sensors, odor control integration, new coating system, safety features, and structural improvements
d. Provides a new 50-year design life
e. Cost more than Alternative 1
At its November 19, 2025 meeting Council ratified City staff recommendation to proceed with Alternative No. 2, complete removal and replacement and approved the amendment to the contract with Stantec to prepare stamped drawings and specifications to remove and reconstruct the wet well. The next steps were outlined in that staff report as follows:
“Once Stantec completes that design work, the City would return to the contract with Gateway Pacific Constructors, Inc. for potential construction of the improvements. As part of the Council’s action on December 4, 2024, a contingency of $1,310,729, or 15 percent, was approved to account for several unknown conditions, including the condition of the IPS wet well. Upon completion of Stantec’s design, the City will have a clearer understanding of the anticipated construction cost and whether the previously approved contingency is sufficient. If it is not, staff would return to the City Council for further consideration and possible action.”
Proposed Change Order
In July 2026, the city received a proposal of $3,300,000 from the Contractor for construction of a new wet well (Attachment 2). Staff compared this cost proposal against the proposal for similar improvements completed in 2019 to replace the primary effluent pump station (PEPS) under the WWTP Rehabilitation Project WWTP18-02 and found Contractor’s figures consistent with that project. Stantec concurs that the cost proposal is fair and reasonable for the scope of work. There is cost savings to performing this work under the existing contract that is reflected in the proposal price. Both Staff and Stantec feel that prices for this work would be higher if bid out separately.
More importantly, the risk of delaying this work to prepare bidding documents and conduct a formal bid process is concerning. The wet well wall structure was designed to support the adjoining IPS pump station building and associated pumps, therefore wall failure in the wet well will also fail the pump room building. Given the advanced degradation of the wet well concrete wall structure and associated rebar; there is an urgent need to replace the wet well structure as soon as possible. Given the long lead times necessary to prepare plans, specification and estimate (PS&E) bid packages and to solicit bids, it is recommended that the Council award the change order to Gateway Pacific Construction for completion of this work.
Budget and Funding to Complete the Change Order Improvements The funds needed to complete the change order work are available in Sewer Fund Reserves. Other projected costs associated with this change order are listed below. The funding amendment would cover these costs.
Project costs of $75,000 for Construction Management, Inspection, and Testing Additional allowance of $225,000 for construction contract contingencies as approved by the City Engineer to complete the project
Additional Consultant construction management services valued at $113,000. At the next Council meeting, Staff will be presenting an amendment to the agreement with Stantec for additional Construction Management services.
FINANCIAL IMPACT:
The total cost for demolition of the old wet well, support of the IPS walls, construction of a new wet well, additional project contingencies, additional construction management, inspection, and thirdparty consultant services is $3,713,000. Most of these costs are included in the Fiscal Year (FY) 2026/27 Capital Improvement Program Budget. The additional funds needed, in the amount of $363,000, will come from the Unappropriated Fund Balance of the Sewer Fund, subject to Council’s approval. Table 1 summarizes the costs associated with the change order and proposed funding.
Table 1: Budget for the New Wet Well Change Order
Line Item Amount
Change Order to Contract with Gateway Pacific $3,300,000 Additional Project Contingency $225,000
Construction Management, Inspection and Testing $75,000 Additional Consultant Services Request $113,000
Total Change Order Budget $3,713,0000
Funding Source
Remaining Project Contingencies $1,000,000
Funds added to Project with FY 2026/27 Adopted Budget $1,150,000 Project WWTP 23-01 Improvements to the WWTP Headworks $1,200,000 Funds to be added with Budget Amendment (a) $363,000
Total Funding Source $3,713,000
(a) Subject to Council Approval (this item)
Staff is requesting an amendment in the amount of $363,000 to the FY 2026/27 Adopted Budget for the Sewer Fund Capital Project Org from the unappropriated fund balance to fully cover the amount of the Change Order.
ALTERNATIVES:
Council may choose not to approve this change order and subsequent budget amendment and direct Staff to bid out the new IPS Wet Well.
ATTACHMENTS:
1. Resolution
Exhibit A - Budget Amendment
2. Proposal from Gateway Pacific Construction
3. Structural Engineer’s Report Existing Wet Well
Attachment 1
Resolution
RESOLUTION NO.26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA APPROVING
THE AWARD OF A CONTRACT CHANGE ORDER FOR THE WASTEWATER
TREATMENT PLANT (WWTP) FACILITY IMPROVEMENT PROJECT IN THE AMOUNT OF $3,300,000 FOR CONSTRUCTING AN INFLUENT PUMP STATION WET WELL INCLUDING CONTINGENCIES OF UP TO $225,000 AS APPROVED
BY THE CITY ENGINEER
WHEREAS, the Madera Wastewater Treatment Plant Rehabilitation Project, City Project No. WWTP 24-01, hereinafter called the "Project", is included in the Fiscal Year (FY) 2026/27 Budget for Capital Projects; and
WHEREAS, the City entered into a construction contract for the Project with Gateway Pacific Construction, Inc., hereinafter called "Contractor"; and WHEREAS, during construction it was discovered that the existing wet well to the Headworks Influent Pump Station (IPS) is structurally deficient and at risk of failure; and WHEREAS, the City's design engineer prepared drawings and specifications for construction of a new wet well at the IPS Facility and issued a Request for Proposal to the Contractor for the work; and
WHEREAS, the Contractor submitted an acceptable proposal for construction of a new wet well at the Influent Pump Station; and
WHEREAS, additional funds are necessary for the completion of the construction phase of the Project including the change order; and
WHEREAS, funds are available in the unprogrammed fund balance of the Unappropriated Sewer Fund Balance.
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. A contract change order in the amount of $3,300,000 for the construction of anew wet well at the influent pump station is hereby awarded to Gateway Pacific Construction, Inc.
3. Additional construction contingencies in the amount of $225,000 as approved by the City Engineer are hereby authorized.
4. The FY 2026/27 Adopted Sewer Fund Capital Projects Org’s Budget is hereby amended in accordance with Exhibit A, attached hereto and which is incorporated by reference herein.
5. The City Clerk is authorized and directed to forward a certified copy of the resolution to the Director of Finance who is authorized to take such action as necessary to implement the terms of this resolution.
6. This resolution is effective immediately.
******
ORG OBJECT PROJECT
FUND CODE CODE CODE DESCRIPTION (+) (-)
Sewer Fund
2040 20403420 4900 Budgetary Carryover 363,000
2040 20403420 7050 Construction/Infrastructure 363,000
TOTALS $ 363,000 $ 363,000
EXHIBIT A
CITY OF MADERA FISCAL YEAR 2026/27 BUDGET AMENDMENT
1 Attachment 2
Gateway Pacific Construction Proposal
8055 Freeport Boulevard, Sacramento, California 95832-9716 • (916) 665-4100 • (916) 665-4119 FAX GATEWAY PACIFIC CONTRACTORS, INC.
July 13, 2026
Ms. Beth Cohen
Stantec Consulting Services
2250 Douglas Blvd. #260
Roseville, CA 95661
RE: Wastewater Treatment Plant 2024 Improvements Project – Madera PCO #9 – Wet Well Redesign
Dear Beth:
Per your request, Gateway Pacific Contractors, Inc. is submitting a quote for the Wet Well Redesign. This will be per plans: City of Madera Wet Well Change Order 05-14-2026.
The additional cost is as follows:
Demolition & Excavation $ 475,000
Bypass Pumping $ 150,000
Pit Shoring $ 550,000
Subgrade Prep $ 50,000
F/R/P Wet Well $ 950,000
HDPE Liner for Wet Well & Vault $ 250,000
Precast Manholes & Piping $ 130,000
Tie In Piping & Embeds $ 200,000
Misc. Metals $ 80,000
Sluice Gate $ 40,000
Odor Control Piping $ 25,000
Electrical $ 100,000
Geo Foam Blocks $ 50,000
Backfill $ 150,000
Asphalt Paving $ 20,000
Bonds & Insurance $ 80,000
The total cost is Three million three hundred thousand dollars, ($ 3,300,000). Gateway understands that this is a large cost. Please review. If you have any questions, please give me a call.
Sincerely,
Jay Hall
Northern California Operations Manager
Attachment 3
Structural Observation Report
CAPSTONE
STRUCTURAL ENGINEERS
STEVE STOLL, S.E. 7353 W RIVERVIEW DR.
COEUR D’ ALENE, ID 83814
TEL. (559) 681-3681
Beth Cohen June 23, 2025
Stantec Consulting Services Inc. Project No. 10-2501
2250 Douglas Blvd., Suite 260
Roseville, CA 95661
STRUCTURAL OBSERVATION
RE: Structural observation of the existing Influent Junction Box and Wet Well Location: 13048 Rd 21½
Madera, CA 93637
On June 12, 2025, Capstone Structural Engineers performed a visual structural observation of the Influent Junction Box and Wet Well. The review encompassed both the exterior and interior of the structures. Interior access and lighting were provided to facilitate the assessment. Prior to the observation, the available “As-Built” drawings were reviewed.
Destructive testing—such as core sampling, removal of coatings, and removal of fill concrete in the Wet Well—was originally included in the scope. However, during pressure washing, the structure was found to be unstable. To avoid further compromising the integrity of the structure, pressure washing was halted and the planned destructive testing was not conducted.
See Appendix A.
Influent Junction Box and Wet Well Description: See Appendix B for drawings.
The Influent Junction Box was constructed with reinforced concrete walls, a slab incorporating an access hatch, and a mat foundation. Similarly, the Wet Well featured reinforced concrete walls, a top slab, and a mat foundation. Inside the Wet Well, four concrete fill side-slope walls (1:1 slope) extended approximately six feet (6'-0") high to the mat foundation, alongside an elevated reinforced concrete screening channel.
The south wall of the Wet Well is a shared structural wall with the Pump Room. It serves multiple functions, including vertical load-bearing, resisting lateral (shear) forces both in-plane and out-of-plane, and supporting roof framing loads.
Influent Junction Box and Wet Well Condition: See Appendix C for Photos.
Influent Junction Box:
Due to limited access, observations were conducted from above through the open access hatch.
The Influent Junction Box is in poor condition, with concrete corrosion resulting in surface deterioration of up to one inch (1") in certain areas. No corrosion of reinforcing steel was observed.
Wet Well:
The Wet Well, including the top slab and walls, is severely degraded in the upper ten feet (10'- 0"), where prolonged exposure to corrosive gases occurred. In this area, concrete corrosion ranged from one inch (1") to four inches (4"). Corrosion of reinforcing steel was observed in multiple locations; in some cases, the deterioration was so severe that the interior reinforcing mat—both vertical and horizontal—had completely disintegrated. Because power washing was halted early due to structural concerns (see Appendix A), the full extent of the damage could not be determined.
The Wet Well walls and mat foundation appear to be in good condition in the lower seven feet (7'-0"). Although the protective coating has failed, the concrete walls and concrete fill exhibit no significant signs of degradation.
The south shared wall between the Wet Well and Pump Room exhibits severe deterioration along the middle third—approximately ten feet (10'-0")—on the Wet Well side. In contrast, the material on the Pump Room side appears to be in sound condition.
Recommendations:
Influent Junction Box:
Further investigation of the Influent Junction Box is recommended, with improved access and lighting to facilitate a more comprehensive assessment. However, based on the initial evaluation, concrete restoration is advised using a polymer-modified, cementitious screed mortar, followed by application of a protective coating.
Wet Well:
The deterioration of the Wet Well's top slab and the upper ten feet (10'-0") of the walls is beyond restoration due to extensive material disintegration. As a result, two remedial options have been proposed.
Option 1 — Partial Demolition and Reconstruction
Approximately the upper ten feet (10'-0") of the Wet Well's top slab and walls shall be demolished, excluding the south shared wall with the Pump Room, which is to be restored.
Demolition shall proceed down to sound material, estimated at approximately six feet (6'-0") above the mat foundation. A new, reinforced concrete top slab and wall system—constructed in kind—shall be installed. The new and existing reinforcing shall be tied together by welding or other approved methods.
As screening operations are no longer required in this area, the elevated reinforced concrete screening channel shall be demolished.
The south shared wall between the Wet Well and Pump Room shall be restored by removing existing degraded material. The wall shall be reconstructed using epoxy grout and reinforcing steel tied into the existing reinforcement. Additionally, the structural role of the former screening channel shall be evaluated to determine whether supplemental support is required for the wall. If required, an epoxy grout beam may be installed to provide the necessary structural support.
Because this option follows a “constructed in like kind” approach, compliance with current building codes is not required.
Option 2 — Full Replacement of Wet Well
The existing Wet Well shall be demolished in its entirety, excluding the south shared wall between the Wet Well and Pump Room. This wall shall be restored in accordance with the procedures outlined in Option 1.
A new Wet Well shall be designed and constructed in compliance with current codes to replace the existing structure. The replacement Wet Well shall be capable of accommodating projected future influent flows and operational requirements.
As part of this option, consideration should be given to abandoning the existing Influent Junction Box. If determined to be feasible, this would eliminate the need for concrete restoration of that structure, allowing it to be removed from the project scope. .
Other Considerations
An option involving partial replacement—demolition down to sound material and reuse of the remaining portion of the existing Wet Well—was not considered. If evaluated, this approach would need to comply with current design and construction codes. In my professional opinion, retaining any part of the existing structure, including the south shared wall between the Wet Well and Pump Room, would introduce significant complexities that are likely to be cost-prohibitive.
Sincerely
Steven D. Stoll
Structural Engineer
Steven Stoll Digitally signed by Steven Stoll
DN: cn=Steven Stoll, o=Capstone Structural Engineering, ou, [email protected], c=US
Date: 2025.06.23 08:29:40 -07'00'
Memorandum
To: City of Madera
From: Jay Hall, Vice President of Operations
Date: June 18, 2025
Subject: Wet Well Instability
After inspection of the Wet Well, Gateway Pacific deems the structure unsafe to enter or have individuals stand on the roof of the structure.
MADERA WWTP Influent Junction Box & Wet Well
Structural Observation Report, Appendix A A1
The concrete walls and roof are delaminated. Any vibration causes the concrete to fall from the ceiling. The roof rebar is deteriorated in most areas. There is no reinforcement holding the concrete roof.
Gateway Pacific considers this structure a hazard and on the verge of collapse.
We will not endanger our employees. Please have City officials review the structure for immediate closure.
MADERA WWTP Influent Junction Box & Wet Well
Structural Observation Report, Appendix A A2
MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B1
WET WELL
WET WELL &PUMP ROOMSHARED WALL
MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B2
WET WELL
WET WELL & PUMPROOM SHARED WALL
MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B3
WET WELL & PUMPROOM SHARED WALL
WET WELL
MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B4
WET WELL & PUMPROOM SHARED WALL
WET WELL
INFLUENT JUNCTION BOX
INFLUENT JUNCTION BOX
MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B5 MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B6
WET WELL
MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B7 MADERA WWTP Influent Junction Box & Wet Well Structural Observation Report, Appendix B B8
INFLUENT JUNCTION BOX ACCESS HATCH
INFLUENT JUNCTION BOX CONCRETE SURFACE DETERIORATION
MADERA WWTP Influent Junction Box & Wet Well
Structural Observation Report, Appendix C C1
WET WELL EXTERIOR TOP SLAB DETERIORATION
WET WELL EXTERIOR TOP SLAB DETERIORATION
MADERA WWTP Influent Junction Box & Wet Well
Structural Observation Report, Appendix C C2
WET WELL INTERIOR/EXTERIOR TOP SLAB DETERIORATION
WET WELL INTERIOR TOP SLAB & WALL DETERIORATION (UPPER 10 FEET) MADERA WWTP Influent Junction Box & Wet Well
Structural Observation Report, Appendix C C3
WET WELL INTERIOR WALL DETERIORATION (UPPER 10 FEET)
WET WELL INTERIOR TOP SLAB & WALL (LOWER 7 FEET)
MADERA WWTP Influent Junction Box & Wet Well
Structural Observation Report, Appendix C C4
WET WELL INTERIOR TOP SLAB & WALL (LOWER 7 FEET)
WET WELL INTERIOR TOP SLAB & WALL (LOWER 7 FEET)
MADERA WWTP Influent Junction Box & Wet Well
Structural Observation Report, Appendix C C5
REPORT TO CITY COUNCIL
Approved by: Council Meeting: September 16, 2026
_________________________________ Agenda Number: __________ Harpiar Gandhi, Public Works Ops Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:
Award of Bid for Invitation for Bid (IFB) No. 202627-03, Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
RECOMMENDATION:
1. Adopt a Resolution approving an On-Call Agreement to Witbro, Inc. dba Seal Rite Paving and Grading for Asphalt/Concrete Patching On-Call Services
2. Determining the project is Categorically Exempt pursuant to Section 15301, Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) SUMMARY:
The City requires the services of an on-call contractor to perform asphalt/concrete (AC) patching for the repair of small to medium sewer and water service trenches, as well as failed asphalt areas in streets and alleyways. On August 5, 2026, the City issued Invitation for Bid (IFB) No. 202627- 03 for Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services. Bids were due no later than 4:00 p.m. on September 4, 2026, submitted electronically through the City’s PlanetBids vendor portal.
Staff recommends Council award a one-year, on-call contract in an amount not to exceed $778,000, the amount budgeted for Fiscal Year 2026/2027, with the option to extend the contract for one additional one-year term by mutual agreement of the City and Contractor.
BACKGROUND:
The City’s on-call AC patching contractor performs permanent pavement restoration following utility trench work (sewer and water repairs) and repairs failed asphalt areas in City streets and D-2
RETURN TO AGENDA
alleyways. Based on prior years’ experience, the City estimates the following approximate annual spend:
▪ AC patching services for repair of sewer, water, and other similar small to large service trenches, estimated at 7,000 to 100,000 square feet, at an average annual expenditure of approximately $250,000.
▪ Failed asphalt areas in alleyways, at an average annual expenditure of approximately $528,000.
These figures are estimates only and do not represent a guarantee of actual work volume or contract value; actual expenditures will vary based on funding availability, project priorities, and the scope of future infrastructure improvements.
Staff prepared IFB No. 202627-03. The IFB was released on August 5, 2026, with bids due on September 4, 2026. The IFB notice was published in the Madera Tribune on August 5, 2026, in accordance with the California Public Contract Code (PCC) and the City’s purchasing policy. In addition, the IFB was published on the following platforms:
▪ City of Madera PlanetBids Vendor Portal
▪ Construction Bidboard (Ebidboard)
▪ Dodge Data & Analytics
▪ Placer County Contractors Association & Builders Exchange ▪ Builders’ Exchange of San Joaquin
▪ Central California Builders Exchange
▪ Valley Builders Exchange
Regarding the bidding process, 263 bidders from the City’s online vendor registry were notified.
An additional 29 bidders licensed to perform the work identified in the scope of the IFB were notified through the City’s informal construction bidder list. In efforts to attract local businesses, 28 vendors located in Madera and 9 vendors in Chowchilla who were licensed in the category of work were notified as identified from the State of California’s Contractor Licensing Board website. A total of 21 potential bidders downloaded the project bid documents, and 18 indicated that they would bid. Bids were ultimately received from seven (7) vendors. The Procurement Services Manager reviewed all bids received for completeness, compliance with the solicitation requirements, and responsiveness.
To facilitate comparison of the bids, the solicitation included a sample scenario consisting of estimated quantities for the various bid items. The sample scenario was used solely to evaluate and compare the total proposed costs among bidders and does not represent the actual quantities or contract amount.
Based on the evaluation of the sample scenario, Tosted Asphalt, Inc. was determined to be the lowest bidder. But, after careful review of their bid, it was discovered that the Bid Bond did not have the dollar amount specified or the language “10% of bid amount” even though it was signed, notarized, and an acknowledgment in writing by the surety company senior vice president. This omission renders the bond unenforceable. Therefore, Tosted Asphalt’s bid is considered nonresponsive at time of bid and therefore rejected.
The second lowest bid was Witbro, Inc., dba Seal Rite Paving and Grading and was found to be responsive and responsible.
The resulting contract will be based on the unit prices submitted for the individual line items in Bid Schedule A, as highlighted in Table 1, with payment made based on the actual quantities of work authorized and completed. The bid results for the sample scenario are summarized in Table
2. Table 1: Bid schedule per bidder
Bidder
Price per SF
Concrete
Patching plus
CQS-1H Fog
Seal (0-499 SF)
Price per SF
Concrete
Patching
plus CQS-1H
Fog Seal
(500-699 SF)
Price per SF
Concrete
Patching
plus CQS1H Fog Seal
(700+ SF)
Price per SF
Saw Cutting
Tosted Asphalt, Inc.(a) $15.63 $15.25 $14.88 $25.00
Witbro, Inc. dba Seal
Rite Paving & Grading $18.37 $16.45 $12.75 $5.00
United Pavement
Maintenance, Inc. $24.55 $19.40 $18.80 $8.10
Martin Brothers
Construction $11,525.00 $22.50 $17.35 $4.60
Arrow Construction $20.00 $16.00 $15.00 $1.00
QA Constructors, Inc. $40.00 $20.00 $6.40 $10.00
Cal Valley
Construction, Inc. $39.00 $32.00 $29.00 $35.00
(a) Rejected as non-responsive.
Table 2: Sample Scenario Bid Summary
Bidder Bid Amount
Tosted Asphalt, Inc.(a) $245,550
Witbro, Inc. dba Seal Rite Paving & Grading $370,348
United Pavement Maintenance, Inc. $430,212
Martin Brothers Construction $430,822
Arrow Construction $559,400
QA Constructors, Inc. $586,600
Cal Valley Construction, Inc. $2,596,600
(a) Rejected as non-responsive.
ENVIRONMENTAL REVIEW:
Staff has performed a preliminary environmental assessment of this project and has determined that this project would be categorically exempt pursuant to CEQA Guidelines section 15301, Class 1 (Existing Facilities), as the project would perform asphalt/concrete (AC) patching for the repair of small to medium sewer and water service trenches, as well as failed asphalt areas in streets and alleyways. Further, none of the exceptions under CEQA Guidelines section 15300.2 are applicable.
FINANCIAL IMPACT:
The adopted budget includes $778,000 AC/Concrete Patching On-Call Services. This is a unitprice, on-call contract; actual expenditures will be based on the unit prices submitted by the awarded Contractor and the quantities of work actually ordered by the City, and are not to exceed an amount of $778,000.
RECOMMENDATION:
Staff recommends that the City Council approve the resolution and Award of Bid for (IFB) No. 202627-03, Asphalt/Concrete Patching On-Call Services to Witbro, Inc. dba Seal Rite Paving & Grading and authorize the City Manager, to execute all necessary documents and take any actions required to implement the approved action.
ATTACHMENTS:
1. Resolution Awarding Invitation for Bid (IFB) No. 202627-03 to Witbro, Inc. dban a Seal Rite Paving and Grading for Asphalt/Concrete Patching On-Call Services a. Exhibit A: On-Call Agreement
i. Exhibit A – CONTRACTOR complete bid as submitted on 9/4/2026 ii. Exhibit B – Addenda No. 1, Dated 08/26/2026
iii. Exhibit C – Addenda No. 2, Dated 08/27/2026
iv. Exhibit D – Addenda No. 3, Dated 08/31/2026
v. Exhibit E – Insurance Requirements for Contractors as Specified in IFB vi. Exhibit F – IFB 202627-03 Fiscal Year 2026/2027 Asphalt-Concrete Patching On-Call Services
RESOLUTION NO. 26-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA, CALIFORNIA, AWARDING INVITATION FOR BID (IFB) NO. 202627-03 TO WITBRO, INC. DBA SEAL RITE PAVING AND GRADING FOR FISCAL YEAR 2026/2027 ASPHALT/CONCRETE PATCHING ON-CALL SERVICES
WHEREAS, the City of Madera (“City”) requires on-call asphalt/concrete (AC) patching services for the repair of small to medium sewer and water service trenches, and failed asphalt areas in streets and alleyways, throughout the City; and WHEREAS, on August 5, 2026, the City issued Invitation for Bid (IFB) No. 202627-03 for Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services, pursuant to California Public Contract Code section 22000 et seq.; and
WHEREAS, the IFB was advertised and made available to prospective bidders through the City’s PlanetBids vendor portal, and electronic bids were due no later than 4:00 p.m. on September 4, 2026; and
WHEREAS, the City received 7 bids in response to the IFB, which were opened and reviewed by City staff for responsiveness and responsibility in accordance with the terms of the IFB; and
WHEREAS, apparent low bidder Tosted Asphalt submitted a Bid Bond that did not have the dollar amount specified or the language “10% of bid amount” even though it was signed, notarized, and an acknowledgment in writing by the surety company senior vice president. This omission renders the bond unenforceable; and
WHEREAS, the second low bidder, Witbro, Inc. dba Seal Rite Paving and Grading submitted a responsive bid and is a responsible bidder; and WHEREAS, Seven Hundred Seventy-Eight Thousand Dollars ($778,000) has been budgeted for this contract in the City’s Fiscal Year 2026/2027 budget; and WHEREAS, the City desires to award a one-year, on-call contract to Witbro, Inc. dba Seal Rite Paving and Grading with the option to extend the contract for one additional one-year term by mutual agreement of the City and Contractor, substantially in accordance with the Sample Construction Agreement included as Attachment A to the IFB.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA hereby resolves, finds, determines, and orders as follows:
1. The above recitals are true and correct.
2. The City must award all public works contracts to the lowest responsible responsive bidder. A “bid is responsive if it promises to do what the bidding instructions demand.” (Taylor Bus Serv., Inc. v. San Diego Bd. of Educ., 195 Cal.App. 3d 1331 (1987).) A bid must also conform to the material terms of the bid package. (DeSilva Gates Constr. v.
Department of Transp., 242 CA4th 1409 (2015(.) Here, the City Council finds that a bid bond was required to be submitted as part of the bid packet, the partial bid submitted by Toasted Asphalt, Inc., is defective and does not conform with the bid package as the bond did not have the dollar amount specified or the language “10% of bid amount.” Additionally, the City Council finds the defective bid bond gives the bidder an opportunity to avoid its obligation to perform by withdrawing its bid without forfeiting its bid security, and therefore this mistake is both material and consequential. As a result, the City Council finds the bid of Toasted Asphalt, Inc., is nonresponsive and is rejected.
3. CEQA: The City has performed a preliminary environmental assessment of this project and, pursuant to California Environmental Quality Act (CEQA) section 15301 (Existing Facilities), finds this project is exempt under CEQA as it for the repair and maintenance of small to medium sewer and water service trenches, as well as failed asphalt areas in streets and alleyways. Furthermore, the City Council finds that none of the exceptions to the exemptions set forth in CEQA Guidelines section 15300.2 are applicable to this project.
4. The City Council hereby awards Invitation for Bid (IFB) No. 202627-03 for Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services to Witbro, Inc. dba Seal Rite Paving and Grading the lowest responsive, responsible bidder, in an amount not to exceed Seven Hundred Seventy-Eight Thousand Dollars ($778,000), with the option to extend the contract for one additional one-year term upon mutual agreement of the parties.
5. This Resolution is effective immediately upon adoption. * * * * * * * * *
Exhibit A
CONSTRUCTION AGREEMENT
IFB 202627-03 Fiscal Year 2026/2027 Asphalt-Concrete Patching On-Call Services This Construction Agreement (“Agreement”) is made between the City of Madera, hereinafter called “OWNER” or “CITY” and Witbro, Inc. dba Seal Rite Paving and Grading doing business as (an individual), or (a partnership), or (a corporation), hereinafter “CONTRACTOR” and collectively called “Parties.” The Agreement is effective on the last date signed by the Parties at the end of this Agreement.
WITNESSETH: The Parties agree as follows:
1. Project. The CONTRACTOR shall commence and complete all WORK required for the “IFB 202627-03 Fiscal Year 2026/2027 Asphalt-Concrete Patching On-Call Services.”
2. Materials, Supplies, Equipment. The CONTRACTOR shall furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the WORK described in this Agreement.
3. Commencement of Work; Term of Agreement. The CONTRACTOR shall commence the WORK required by the CONTRACT DOCUMENTS within ten (10) calendar days after the date of the NOTICE TO PROCEED and will complete the same within 30 calendar days per assigned location. The CONTRACTOR shall submit a Payment Bond and Performance Bond in the amount of $778,000.00, each and Insurance Certificates as specified in the CONTRACT DOCUMENTS prior to commencing any WORK within fifteen (15) working days after being notified of the award of the contract, and before OWNER executes this AGREEMENT.
This Agreement shall be effective on September 16, 2026, after approval by the City Council at a duly scheduled meeting thereof and shall continue in full force and effect through September 16, 2027, unless otherwise terminated earlier by one of the parties pursuant to Section 21 of this Agreement. The term may be extended by the City Manager in writing if extension is limited to term only and if mutually agreed to at least 90 days in advance of expiration for a period not to exceed one (1) additional year.
4. The Contract Amount. OWNER agrees to pay, and CONTRACTOR agrees to accept, payment in full for the WORK described in the CONTRACT DOCUMENTS based solely on the unit prices set forth in Exhibit A. WORK performed at unit prices proposed in the CONTRACT DOCUMENTS will be paid based on actual quantities of work performed and accepted, multiplied by the applicable unit prices. Any adjustments for changes in the WORK must be authorized in writing by OWNER.
5. Contract Documents. The CONTRACTOR shall commence and complete all WORK required in accordance with the following CONTRACT DOCUMENTS, attached hereto as:
Exhibit A. CONTRACTOR Complete Bid as Submitted on 09/04/2026 Exhibit B. Addenda No. 1, Dated 08/26/2026
Exhibit C. Addenda No. 2, Dated 08/27/2026
Exhibit D. Addenda No. 3, Dated 08/31/2026
Exhibit E. Insurance Requirements for Contractors as Specified in IFB Exhibit F. IFB 202627-03 Fiscal Year 2026/2027 Asphalt-Concrete Patching On-Call Services
6. Liquidated Damages. In the event the CONTRACTOR does not complete the WORK within the time limit specified in Section 3 or within such further time as authorized, the CONTRACTOR shall pay to the OWNER liquidated damages in the amount of Five Hundred Eighty-Five Dollars ($585.00) per day for each and every calendar day delay in finishing the WORK beyond the completion date so specified.
7. Payment to Contractor. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. For any moneys earned by the CONTRACTOR and withheld by the OWNER to ensure the performance of the Contract, the CONTRACTOR may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Division 2, Part 5, Section 22300 of the Public Contract Code of the State of California.
8. Disputes. In the event of a dispute between the OWNER and the CONTRACTOR as to an interpretation of any of the specifications or as to the quality or sufficiency of material or workmanship, the decision of the OWNER shall for the time being prevail and the CONTRACTOR, without delaying the job, shall proceed as directed by the OWNER without prejudice to a final determination by negotiation, arbitration by mutual consent or litigation, and should the CONTRACTOR be finally determined to be either wholly or partially correct, the OWNER shall reimburse him for any added costs he may have incurred by reason of work done or material supplied beyond the terms of the contract as a result of complying with the OWNER’S directions as aforesaid. In the event the CONTRACTOR shall neglect to prosecute the work properly or fail to perform any provisions of the CONTRACT, the OWNER, after three days written notice to the CONTRACTOR, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due to the CONTRACTOR, subject to final settlement between the parties as in this paragraph herein above provided.
8A. Claims Resolution Process For Disputes.
It is the intent of this Contract that disputes regarding the Contract be resolved promptly and fairly between the CONTRACTOR and the OWNER. However, it is recognized that some disputes will require detailed investigation and review by one or both parties before a determination and resolution can be reached. For the protection of the rights of both the CONTRACTOR and the OWNER, the following provisions are provided for the resolution of disputes which cannot be resolved by the OWNER and the CONTRACTOR within three business days after either party gives verbal notice of dispute or potential dispute to the other’s attention and prior to the commencement of such work.
The following provisions are intended by CONTRACTOR and OWNER to comply with Public Contract Code Sections 9204 and 20104 et. Seq.
1) Claims:
The term “claim” refers to a separate demand by CONTRACTOR sent by registered mail or certified mail with return receipt requested, for one or more of the following:
a) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by OWNER under this Contract. b) Payment by the OWNER of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to the Contract and payment for which is not otherwise expressly provided or to which the CONTRACTOR is not otherwise entitled.
c) Payment of an amount that is disputed by the OWNER.
2) The Claim Must Be Timely and in Writing:
For all claims the claim must be in writing and include the documents necessary to substantiate the claim. A notice of potential claim must be filed within five (5) business days of CONTRACTOR’S completion of work that is a potential claim.
Notice of an actual claim must be filed on or before the date of final payment. 3) Receipt of Claim by OWNER:
Upon receipt of a claim pursuant to this section, the OWNER will conduct a reasonable review of the claim and, within a period not to exceed 45 days from the date of receipt, will provide the CONTRACTOR with a written statement identifying what portion of the claim is disputed and what portion is undisputed.
Upon receipt of a claim, OWNER and CONTRACTOR may, by mutual agreement, extend the time period provided in this section.
The CONTRACTOR shall furnish reasonable documentation to support the claim.
If additional information is thereafter required, it shall be requested and provided upon mutual agreement by the OWNER and the CONTRACTOR. The District’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the CONTRACTOR in producing the additional information or requested documentation.
4) City Council Approval:
If the OWNER needs approval from the City Council to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the OWNER shall have up to three days following the next duly publicly noticed regular meeting of the City Council after the 45-day period or extension expires to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
5) Payment of Claim:
Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the OWNER issues its written statement. If the OWNER fails to issue a written statement, paragraph F below shall apply. 6) Meet and Confer:
If the CONTRACTOR disputes the OWNER’S written response, or if the OWNER fails to respond to a claim issued pursuant to this section within the time prescribed, the CONTRACTOR may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the OWNER shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the OWNER shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the OWNER issues its written statement. Any disputed portion of the claim, as identified by the CONTRACTOR in writing, shall be submitted to nonbinding mediation, with the OWNER and the CONTRACTOR sharing the associated costs equally. The OWNER and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
Under this Contract, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
Unless otherwise agreed to by the OWNER and the CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
If mediation as set forth above does not resolve the parties’ dispute, the parties will proceed to arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program.
7) Filing a Government Code Written Claim Notice:
Following the meet and confer conference, if the claim or any portion remains in dispute, the CONTRACTOR may file a claim under the Torts Claims Act as provided in Chapter 1 (commencing with Section 900) and Chapter 2 commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code Section 900.
8) OWNER’S Failure to Respond to Claim:
Failure by the OWNER to respond to a claim from CONTRACTOR within the time periods described above or to otherwise meet the time requirements set forth above shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the OWNER’S failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the CONTRACTOR.
9) Interest:
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
10) Subcontractor Claims:
If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against OWNER because privity of contract does not exist, the Contractor may present to the OWNER a claim on behalf of a subcontractor or lower tier subcontractor. For purposes of this paragraph, the term “subcontractor” means any type of subcontractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the OWNER shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the OWNER and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. 11) Filing of Action on Unresolved Claims:
The parties shall follow the procedures set forth in Public Contracts Code Section 20104.4 if an action is filed to resolve claims under the foregoing provisions. Any action shall be filed in Madera County.
9. No Discrimination in Employment. Attention is directed to Section 1735 of the Labor Code, which reads as follows:
“No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditions, marital status, or sex of such persons except as provided in Section 12940 of the Government Code, and every CONTRACTOR for public works violating this section is subject to all the penalties imposed for by violation of this chapter.”
10. Workers Compensation. In accordance with the provisions of Article 5, Chapter l, Part 7, Division 2 (commencing with Section 1860) and Chapter 4, Part l, Division 4 (commencing with Section 3700) of the Labor Code of the State of California, the CONTRACTOR is required to secure the payment of compensation to his employees and shall for that purpose obtain and keep in effect adequate Worker’s Compensation Insurance.
The undersigned CONTRACTOR is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against Liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the WORK of this Agreement.
11. Prevailing Wages. This Agreement is subject to California Labor Code Sections 1720, et seq., and CONTRACTOR and subcontractor shall pay not less than the specified prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the California Labor Code, OWNER has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes, as determined by the Director of the Department of Industrial Relations, a copy of which is on file in the office of OWNER and shall be made available for viewing to any interested party upon request. The CONTRACTOR and each subcontractor shall forfeit as a penalty to OWNER not more than Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate in violation of the Labor Code. In addition, the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the CONTRACTOR.
12. Public Works Contractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all CONTRACTORs and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relation. No bid will be accepted, nor any contract entered into without proof of the CONTRACTOR’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. CONTRACTOR and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. In addition, CONTRACTOR shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In executing this contract, CONTRACTOR acknowledges that it has reviewed all applicable labor compliance requirements and included the cost of complying with such requirements in its bid.
13. Payroll Records. The CONTRACTOR shall comply with Section 1776 of the California Labor Code. The CONTRACTOR shall keep and require that all SUBCONTRACTORS keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice worker or other employee employed by him in connection with public work. Such payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR by the OWNER, its officers, and agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. In the event of non-compliance with the requirements of Section 1776, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply. If CONTRACTOR or subcontractor does not comply after such ten (10) day period, the CONTRACTOR shall, as a penalty, forfeit one hundred dollars ($100) for each day or portion thereof for each worker until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
In accordance with California Labor Code Section 1771.4, CONTRACTOR and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (DIR) on a weekly basis and in the format prescribed by the DIR which may include electronic submission. CONTRACTOR shall comply with all applicable requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
14. Apprentices. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning the employment of apprentices by the CONTRACTOR or any SUBCONTRACTOR. It is the CONTRACTOR’S responsibility to ensure compliance by both it and all SUBCONTRACTORS.
Section 1777.5 provides, in part, as follows:
The CONTRACTOR or SUBCONTRACTOR, if he is covered by this section, upon the issuance of the approval certificate, or if he has been previously approved in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeyman stipulated in the apprenticeship standards. Upon proper showing by the CONTRACTOR that he employs apprentices in the craft or trade in the State on all of his/her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by a journeyman, or in the land surveyor classification, one apprentice for each five journeyman, the Division of Apprenticeship Standards may grant a certification exempting the CONTRACTOR from the one (1) to five (5) hourly ratio as set forth in this section. This section shall not apply to contracts of general CONTRACTORS or to contracts of specialty CONTRACTORs not bidding for work through a general or prime CONTRACTOR, when the contracts of general CONTRACTORS, or those specialty CONTRACTORS involve less than thirty thousand dollars ($30,000). Any work performed by a journeyman in excess of eight hours per day or forty (40) hours per week shall not be used to calculate the hourly ratio required by this section.
Apprenticeable craft or trade, as used in this section, shall mean a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the Apprenticeship Council. The joint apprenticeship committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting a CONTRACTOR from the 1 to 5 ratio set forth in this section when it finds that any one of the following conditions is met:
(a) In the event unemployment for the previous three-month period in such area exceeds an average of 15 percent, or
(b) In the event the number of apprentices in training in such area exceeds a ratio of 1 to 5, or
(c) If there is a showing that the apprenticeable craft or trade is replacing at least onethirtieth of its journeymen annually through apprenticeship training, either (1) on a statewide basis, or (2) on a local basis, or
(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 he employs registered apprentices or journeymen in apprenticeable trade on such contracts and if other CONTRACTORs on the public work site are making such contributions. The CONTRACTOR, and any SUBCONTRACTOR under him, shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. Information relative to number of apprentices, identifications, wages, hours of employment and standards of working conditions shall be obtained from the Division of Apprenticeship Standards. Consult the white pages of your telephone directory under California, State of, Industrial Relations, Apprenticeship Standards, for the telephone number and address of the nearest office. Willful failure by the CONTRACTOR to comply with the provisions of Sections 1777.5 will subject the CONTRACTOR to the penalties set forth in Section 1777.7 of the Labor Code.
15. Hours of Work. Pursuant to California Labor Code Section 1813, eight hours in any one calendar day and forty (40) hours in any calendar week shall be the maximum hours any worker is required or permitted to work, except in cases of extraordinary emergency caused by fires, flood, or danger to life and property or except as authorized under the overtime provisions in California Labor Code 1815.
Overtime and shift work may be established as a regular procedure by the CONTRACTOR with reasonable notice and written permission of the OWNER. No work other than overtime and shift work established as a regular procedure shall be performed between the hours of 6:00 P.M. and 7:00 A.M. nor on Saturdays, Sundays or holidays except such work as is necessary for the proper care and protection of the work already performed or in case of an emergency.
CONTRACTOR agrees to pay the costs of overtime inspection except those occurring as a result of overtime and shift work established as a regular procedure. Overtime inspection shall include inspection required during holidays, Saturdays, Sundays, and weekdays. Costs of overtime inspection will cover engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the overtime work. CONTRACTOR agrees that OWNER shall deduct such charges from payments due the CONTRACTOR.
16. Subcontracting. The CONTRACTOR shall comply with Division 2, Chapter 4, Part 1 of the Public Contract Code relating to subletting and subcontracting, specifically included but not limited to Sections 4104, 4106, and 4110, which by this reference are incorporated into this Agreement as though fully set forth herein.
17. Change Orders. The CONTRACTOR and the OWNER agree that changes in this Agreement or in the work to be done under this Agreement shall become effective only when written in the form of a change order and approved and signed by the OWNER or the OWNER’S Designated Project Manager and the CONTRACTOR. It is specifically agreed that the OWNER or the OWNER’S Designated Project Manager shall have the right to request any alterations, deviations, reductions or additions to the contract or the plans and specifications or any of them, and the amount of the cost thereof shall be added to or deducted from the amount of the contract price aforesaid by fair and reasonable valuations thereof.
This Agreement shall be held to be completed when the work is finished in accordance with the original plans and specifications as amended by such changes. No such change or modification shall release or exonerate any surety upon any guaranty or bond given in connection with this contract.
18. Indemnification. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees, and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the sole active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees, and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless, or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this Agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
CONTRACTOR agrees to obtain or cause to be obtained executed defense and indemnity agreements with provisions identical to those set forth in this Section from each and every Subcontractor and Subconsultant, of every Tier. In the event the CONTRACTOR fails to do so, CONTRACTOR agrees to be fully responsible to provide such defense and indemnification according to the terms of this Section.
19. Insurance. CONTRACTOR must comply with the insurance requirements as described in Exhibit E, Insurance Requirements for CONTRACTORs.
20. Amendments. Any changes to this Agreement requested by either CITY or CONTRACTOR may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. This Agreement shall not be modified or amended or any rights of a party to it waived except by such writing.
21. Termination.
A. Termination of the Contract for Default.
1. General: If, prior to the acceptance of the Work, the CONTRACTOR:
(a) Becomes insolvent, assigns its assets for the benefit of its creditors, or is otherwise financially unable to complete the Work; (b) Abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
(c) Disregards written instructions from the City Engineer or materially violates provisions of the Contract Documents;
(d) Fails to prosecute the Work according to the schedule approved by the CITY;
(e) Disregards laws or regulations of any public body having jurisdiction; or
(f) Commits continuous or repeated violations of regulatory or statutory safety requirements, then the OWNER will consider the CONTRACTOR in default of the Contract.
2. Notices: Notices and other written communications regarding default between the CONTRACTOR, the OWNER, and the SURETY shall be transmitted as follows:
(a) Personal delivery with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the CONTRACTOR by personal delivery may be made to the
CONTRACTOR’S authorized representative at the Work site; or (b) Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the OWNER may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
3. Notice to Cure: The OWNER will issue a written notice to cure the default to the CONTRACTOR and its Surety. The CONTRACTOR shall commence satisfactory corrective actions within 5 Working Days after receipt.
4. Notice of Termination for Default: If the CONTRACTOR fails to commence satisfactory corrective action within 5 Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, then the OWNER will recommend to the City Council that the CONTRACTOR be found in default of the Contract and upon such finding by the City Council will terminate the CONTRACTOR’s right to perform under the Contract by issuing a written notice of termination for default to the CONTRACTOR and its Surety; The provisions of this subsection shall be in addition to all other legal rights and remedies available to the OWNER.
5. Responsibilities of the Surety: Upon receipt of the written notice of termination for default, the Surety shall immediately assume all rights, obligations, and liabilities of the CONTRACTOR under the Contract. If the Surety fails to protect and maintain the Work site, the OWNER may do so, and may recover all costs incurred. The Surety shall notify the OWNER that it is assuming all rights, obligations, and liabilities of the CONTRACTOR under the Contract and all money that is due, or would become due, to the CONTRACTOR shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.
Within 15 Working Days of receipt of the written notice of termination for default, the Surety shall submit to the OWNER a written plan detailing the course of action it intends to take to remedy the default. The OWNER will review the plan detailing and notify the Surety if the plan is satisfactory. If the Surety fails to submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan accepted by the OWNER, the OWNER may, upon 48 hours written notice, exclude the Surety from the premises, take possession of all material and equipment, and complete the Work in any way the OWNER deems to be expedient. The cost of completing the Work by the OWNER shall be charged against the Surety and may be deducted from any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety shall pay the OWNER, within 30 Days after the OWNER submits an invoice, all costs in excess of the remaining Contract Price.
6. Payment: The Surety will be paid for completion of the Work in accordance less the value of damages caused to the OWNER by the acts of the CONTRACTOR.
B. Termination of the Contract for Convenience.
The OWNER may terminate the Contract if it becomes impossible or impracticable to proceed, or because of conditions or events beyond the control of the OWNER.
1. Notice: The OWNER will issue a written notice of termination for convenience as follows:
Personal delivery, with proof of delivery which may be made by declaration under penalty of perjury by any person over the age of 18 years. The proof of delivery shall show that delivery was performed in accordance with these provisions. Service shall be effective on the date of delivery. Notices given to the CONTRACTOR by personal delivery may be made to the CONTRACTOR’s authorized representative at the Work site; or
Certified mail addressed to the mailing address of the recipient postage prepaid; return receipt requested. Service shall be effective on the date of the receipt of the mailing.
Simultaneously, the OWNER may send the same notice by regular mail. If a notice that is sent by certified mail is returned unsigned, then delivery shall be effective pursuant to regular mail, provided that the notice that was sent by regular mail is not returned.
2. Cessation of Work: Upon receipt, the CONTRACTOR shall immediately cease work, except work the CONTRACTOR is directed to complete by the Engineer or required to complete for public safety and convenience. The CONTRACTOR shall immediately notify Subcontractors and suppliers to immediately cease their work.
3. Payment: The CONTRACTOR will be paid without duplication for:
(a) Work completed in accordance with Contract Documents prior to the effective date of termination for convenience;
(b) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers, and others; and
(c) Reasonable expenses directly attributable to termination.
Notice of termination shall be mailed to the CITY:
Arnoldo Rodriguez
City of Madera
205 West 4th Street
Madera, CA 93637
Notice of Termination shall be mailed to the CONTRACTOR:
Brooke Ashjian
Witbro, Inc. dba Seal Rite Paving and Grading
4237 W. Swift Avenue
Fresno, CA 93722
All notices and communications from shall be to CITY'S designated Project Manager or Principal-In-Charge. Verbal communications shall be confirmed in writing. All written notices shall be provided and addressed as soon as possible, but not later than thirty (30) days after termination.
Either party may update their contact information, including but not limited to mailing address, at any time by providing written notice to the other party in accordance with the notice provisions set forth in this Agreement. Such updates shall take effect upon the other party's receipt of the written notice unless a later effective date is specified in the notice.
22. Warranty. CONTRACTOR warrants to OWNER that all materials and equipment furnished shall be new, free from faults and defects and of good quality and conform to the requirements of the Contract Documents. CONTRACTOR hereby warrants its work against all deficiencies and defects for the period required by the Contract Documents or the longest period permitted by California Law, whichever is greater. Unless otherwise stated in the Contract Documents, warranty periods shall begin upon the filing of the Notice of Completion and shall be for one year.
This section shall not limit OWNER’S rights under this Agreement or with respect to latent defects, gross mistakes, or fraud. OWNER specifically reserves all rights related to defective work, including but not limited to defect claims pursuant to California Code of Civil Procedure section 337.15.
23. Compliance with Laws. CITY shall at all times observe and comply, and shall cause all of its agents, subcontractors, and employees to observe and comply with all with all Federal, State, and local laws, ordinances, regulations, and provisions applicable in the performance of CITY’S services. Wherever reference is made in this Agreement to standards or codes in accordance with which work is to be performed or tested, the edition or revision of the standards or codes current on the effective date of this Agreement shall apply unless otherwise expressly stated.
24. Attorneys’ Fees/Venue. In the event that any action is brought to enforce the terms of this Agreement, the party found by the court to be in default agrees to pay reasonable attorneys’ fees to the successful party in an amount to be fixed by the Court. The venue for any claim being brought for breach of this Agreement shall be in Madera County or as appropriate in the U.S. District Court for the Eastern District of California, located in the City of Madera.
25. Governing Law. The laws of the State of California shall govern the rights and obligations of the parties under the Agreement, including the interpretation of the Agreement.
If any part of the Agreement is adjudged to be invalid or unenforceable, such invalidity shall not affect the full force and effect of the remainder of the Agreement.
26. City’s Authority. Each individual executing or attesting to this Agreement on behalf of the CITY hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with a duly adopted resolution of the corporation’s articles of incorporation or charter and bylaws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing municipal corporation in good standing in the State of California.
27. Contractor’s Legal Authority. Each individual executing or attesting this Agreement on behalf of CONTRACTOR hereby covenants and represents: (i) that he or she is duly authorized to execute or attest and deliver this Agreement on behalf of such corporation in accordance with such corporation’s articles of incorporation or charter and by-laws; (ii) that this Agreement is binding upon such corporation; and (iii) that CONTRACTOR is a duly organized and legally existing corporation in good standing in the State of California.
28. Remedies for Default. Failure by a party to perform any term, condition or covenant required of the party under this Agreement shall constitute a “default” of the offending party under this Agreement. In the event that a default remains uncured for more than ten (10) days following receipt of written notice of default from the other party, a "breach" shall be deemed to have occurred. Any failure or delay by a party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
29. Independent Contractor. In performance of the work, duties, and obligations assumed by the CONTRACTOR under this Agreement, it is mutually understood and agreed that the CONTRACTOR, including any and all of CONTRACTOR’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 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. CITY shall be solely liable and responsible for providing to, or on behalf of, its employees, all legally required employee benefits. In addition, CITY shall be solely responsible and hold CITY harmless from all matters relating to payment of CITY’S employees, including compliance with Social Security, withholding and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, CITY may be providing services to others unrelated to CITY or to this Agreement.
30. Sole Agreement. This instrument constitutes the sole and only Agreement between CITY and CONTRACTOR in connection to the Project and correctly sets forth the obligations of the CITY and CONTRACTOR to each other as of its date. Any Agreements or representations in connection with the Project, not expressly set forth in this instrument are null and void.
31. Assignment. Neither the CONTRACTOR nor CITY will assign its interest in this Agreement without the written consent of the other.
32. Caltrans Authority. Caltrans is required by 23 Code of Federal Regulations (CFR), part 200, Section 200.9 (b)(7) to conduct reviews of sub-recipients (Local Agencies) of federal-aid to ensure compliance with Title VI of the Civil Rights Act of 1964 and the relates statues (Title VI) through the requirements under the Federal Highway Administration (FHWA), the U.S.
Department of Transportation (USDOT), and the U.S. Department of Justice (USDOJ) regulations and guidance materials related to the implementation of Title VI.
The scope of the process reviews conducted by Caltrans focuses on the Local Agency’s adherence to the FHWA’s Title VI Program (Race, Color and National Origin) and the related statues protecting additional classes as required under • Federal-Aid Highway Act of 1973 (Sex)
• The Age Discrimination Act of 1975 (Age), and
• The Americans with Disabilities Act of 1990 (ADA)(Disability) and Section 504 of the Rehabilitation Act of 1973 (Disability).
33. Binding Agreement. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other electronic means shall be deemed to have the same legal effect as delivery of an original signed copy.
IN WITNESS WHEREOF the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in TWO copies, each of which shall be deemed an original on the date first above written.
CITY OF MADERA (OWNER)
By: _________________________________
Cecelia K. Gallegos, Mayor
APPROVE AS TO FORM:
____________________________________
Shannon L. Chaffin, City Attorney
ATTEST:
____________________________________
Alicia Gonzales, City Clerk
WITBRO, INC. DBA SEAL RITE PAVING AND
GRADING (CONTRACTOR)
By: _________________________________
Contractor (signature)
_________________________________
Printed Name and Title
77-0419978_________________
Federal Tax I.D. No.
805585____________________
Contractor License Number
10000037772_______________
DIR Registration Number
NOTE: This Notary Acknowledgment on the following page is required for verification of Contractor’s signature.
Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of ______________ )
On ______________, 2026 before me, ______________________________________ (insert name and title of officer)
Personally appeared __________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___________________________________ (Seal)
Exhibit A
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 1
August 26, 2026
RE: IFB 202627-07 FY2026/2027 Asphalt/Concrete Patching On-Call Services The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.
Bid due date remains the same: 4:00pm, September 4, 2026 No. Attachments Number of
Pages
1. Q&A through 5:00pm, August 25, 2026 2
Issued by: __________________________________________
Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 1, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.
Company:
Signature:
Acknowledged by:
Exhibit B
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
Questions Received through 5:00pm, August 25, 2026
Q 1: Is there any compaction testing or 3rd party testing required to be provided by the contractor? Typically compaction testing is provided by the owner/client.
A 1: No compaction testing.
Q 2: Can separate items for traffic control be provided so the city is only paying for it when required?
A 2: Traffic control to be built into the cost of the unit prices. Traffic control will consist of advanced warning signage, we do not anticipate lane closures.
Q 3: Section 17 on page 27 of the specs details out a local company encouragement. Is there a local bidders preference or requirement to be local since this is an on-call contract that will require fast response time as to not create safety hazards due to lack of time to complete the asphalt work?
A 3: We encourage local business engagement - there is no local bidder preference requirement.
Q 4: Will the contractor need an encroachment permit? WIll the encroachment permit be a no-fee encroachment permit?
A 4: No encroachment permit required.
Q 5: Please define the alley rehab units on page 11 of the proposal. There are two units, one for 3400 square yards, and another for 6400 square yards. Are these for asphalt replacement?
A 5: Alley rehab will consist of replacing dirt alleys with paved asphalt. Alleys to be paved to 3" paving depth, allowing all gates to open freely when complete, water to drain to street, dirt removal if needed.
Q 6: Bid Schedule B: Regarding the “Total Amount,” could you please clarify whether this is intended to represent the total bid amount based on the estimated quantities and unit prices, or if it refers to something else?
A 6: We provided two bid schedules with this IFB: Schedule A is intended to establish unit pricing for AC patch paving based on various patch sizes (e.g., up to 499 SF, up to 699 SF, etc.). These unit prices may be used by the City when assigning work during the contract term. Schedule B provides representative work scenarios and quantities and is intended to be priced as a complete, all-inclusive cost to perform the specified work in accordance with the IFB. Schedule B will be used for bid comparison and determination of the lowest responsive and responsible bidder. The scenarios and quantities in Schedule B are for evaluation purposes only and do not guarantee the quantity, frequency, or type of work to be assigned during the contract term. Bidders shall provide pricing for both schedules as instructed in the IFB.
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
Q 7: Bid Schedule B: Could you clarify what is included in the Alley Rehabilitation scope? A 7: Alley rehab will consist of replacing dirt alleys with paved asphalt. Alleys to be paved to 3" paving depth, allowing all gates to open freely when complete, water to drain to street, dirt removal if needed.
Q 8: Bid Schedule B: We have the same concern regarding the Utility Patch Repair and Alley Rehabilitation items. Could you please clarify the scope of work, required depths, materials, and applicable specifications for these items? A 8: Utility patches to be done to City Standards. Alley rehab will consist of replacing dirt alleys with paved asphalt. Alleys to be paved to 3" paving depth, allowing all gates to open freely when complete, water to drain to street, dirt removal if needed.
Q 9: Bid Schedule A: Where the Bid Form states “Amount in Words,” is this referring to the unit price written out in words, or is a total amount required? If a total amount is required, what quantity should the unit price be applied to? A 9: Unit price in words.
Q 10: Bid Schedule A: Could you please provide the required patch depths, materials, and applicable specifications for this item?
A 10: Utility patch to be done City Standards.
Q 11: Bid Schedule A: The wording on the Bid Form appears to be somewhat vague. For the concrete patching item, is the intended scope concrete patching or asphalt concrete patching?
A 11: Asphalt concrete patching.
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 2
August 27, 2026
RE: IFB 202627-03 FY2026/2027 Asphalt/Concrete Patching On-Call Services The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.
Bid due date remains the same: 4:00pm, September 4, 2026 All references to IFB 202627-07 shall be deleted and replaced with IFB 202627-03.
Issued by: __________________________________________
Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 2, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.
Company:
Signature:
Acknowledged by:
Exhibit C
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
ADDENDUM NO. 3
August 27, 2026
RE: IFB 202627-03 FY2026/2027 Asphalt/Concrete Patching On-Call Services The foregoing documents are amended in the respects as herein set forth. This addendum and the amendments herein shall become part of said documents and of any contract entered into pursuant to said documents.
Bid due date remains the same: 4:00pm, September 4, 2026 This Addendum is issued to provide additional questions and responses received during the designated question-and-answer period.
No. Attachments Number
of Pages
1. Q&A through 5:00pm, August 25, 2026 – Additional Questions Received by Deadline
1 Issued by: __________________________________________ Jennifer Stickman
Procurement Services Manager
To verify receipt of this Addendum No. 3, please email this sheet to Jennifer Stickman at [email protected] before bid due date. A copy of this signed sheet must also be included with your bid proposal submittal.
Company:
Signature:
Acknowledged by:
Exhibit D
City of Madera Purchasing, 205 West 4th Street, Madera, CA 93637 Phone: (559) 661-5463 • Website: www.madera.gov
Q&A through 5:00pm, August 25, 2026
NOTE:
ADDITIONAL Q&A RECEIVED PRIOR TO DEADLINE, NOT INCLUDED IN ADDENDUM NO. 1 BELOW Q12: Please confirm this contract is for asphalt repairs only, and contains no portland cement concrete repairs.
A12: Asphalt repairs only.
Q13: Can a unit be added for thermoplastic striping if required to complete an asphalt patch? A13: The City will install thermoplastic striping where required. effort to inform local businesses of the opportunity.
18. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout.
19. Contractor must submit proof of insurance and endorsement that meet the Insurance Requirements for Contractors detailed below prior to contract award by City Council.
Insurance Requirements for Contractors: Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.
Minimum Scope and Limits of Insurance
Contractor shall maintain limits no less than:
$2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00
01. General liability policies shall be endorsed using ISO forms CG 20 10 and CG 20 37 to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
$2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies.
Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Contractor shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
Maintenance of Coverage
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.
Proof of Insurance
Contractor shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. Agency reserves the right to require complete, certified copies of all required insurance policies, at any time.
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
Exhibit E
Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.
Primary/Non-Contributary
For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the entity, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.
Enforcement of Contract Provisions (non estoppel)
Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.
Specifications not Limiting
Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Contractor maintains higher limits than the minimums required above, the entity shall be entitled to coverage at the higher limits maintained by Contractor.
Notice of Cancellation
Contractor agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.
Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.
Timely Notice of Claims
Contractor shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
may involve coverage under any of the required liability policies.
Additional Insurance
Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
Invitation for Bid
No. 202627-03
for
Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Date Released: August 5, 2026
City of Madera
Public Works
Bids are due prior to 4:00pm, September 4, 2026
Exhibit F
Table of Contents
NOTICE OF INVITATION FOR BID...................................................................................................................3 Introduction ..................................................................................................................................................3 Description of Work......................................................................................................................................3 Terms ............................................................................................................................................................3 Bid Submittal Date (Close date)....................................................................................................................3 Bidder Questions...........................................................................................................................................4 Pre-Bid Meeting ............................................................................................................................................4 Instructions to Bidders..................................................................................................................................4 Required Contractors Licenses .....................................................................................................................4 Bonding Requirements .................................................................................................................................5 Prevailing Wages...........................................................................................................................................5 Bid Protest Procedures .................................................................................................................................5 Scope of Work...............................................................................................................................................7 Bidder Checklist ............................................................................................................................................8 Bid Proposal Form.........................................................................................................................................9 Bid Schedule................................................................................................................................................10 Bid Proposal Signature Page .......................................................................................................................12 Subcontractor Listing ..................................................................................................................................13 Certification.................................................................................................................................................14 Noncollusion Affidavit.................................................................................................................................15 Public Contract Code...................................................................................................................................16 Equal Employment Opportunity Certification ............................................................................................17 California Air Resources Board (CARB) Off-Road Diesel Fleet Compliance (DOORS Certification) ............18 Disclosure of Conflict of Interest ................................................................................................................19 Bid Bond......................................................................................................................................................20 Payment Bond.............................................................................................................................................21 Performance Bond......................................................................................................................................23 Standard Specifications and Plans..............................................................................................................25 General and Special Conditions..................................................................................................................25 Information for Bidders ..............................................................................................................................25 Attachments................................................................................................................................................31
NOTICE OF INVITATION FOR BID
Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Invitation for Bid (IFB) No. 202627-03
Introduction
Pursuant to California Public Contract Code (PCC) §22000 et seq., the City of Madera (“City”) hereby seeks bids in response to this Invitation for Bid No. 202627-03 for Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services. The contract will be awarded to the lowest responsive, responsible bidder determined by line-item costs for quantities in the Bid Schedule. The City reserves the right to reject any bid deemed mathematically or materially unbalanced, including but not limited to bids where unit prices are significantly disproportionate to the estimated cost of the work or where nominal prices are placed on some items and inflated prices on others.
Description of Work
The City is in need of an on-call contractor for permanent asphalt-concrete patching (AC) services for the repair of small to medium-service trenches due to the repair of sewer and water infrastructure, as well as failed asphalt areas in streets and alleyways throughout the City.
Based on prior years, the City estimates the following:
A. AC patching services for repair of sewer, water, and other similar small to large service trenches and failed asphalt areas estimated at 7,000 to 100,000 square feet – average annual spend of approximately $250,000.
B. Failed asphalt areas in alleyways have an estimated average annual spend of approximately $528,000.
These figures are provided for informational purposes only and do not represent a guarantee of actual work volume or contract value. Actual expenditures may vary based on funding availability, project priorities, and the scope of future infrastructure improvements.
For additional information please refer to the section titled “Scope of Work” of this IFB.
Terms
A one-year contract with a maximum contract value under the anticipated contract to be an aggregate amount not to exceed the annual budget appropriations. Seven Hundred Seventy-Eight Thousand ($778,000) has been budgeted for FY2026/2027.
By mutual agreement between the City and the Contractor, the contract may be extended for an additional year. Terms are defined in the Sample Agreement included as Attachment A.
Bid Submittal Date (Close date)
Electronic bids will be accepted on bid forms provided by the City until the time and date listed below.
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
In the event this Invitation for Bid is obtained through any means other than the City’s distribution, the City will not be responsible for the completeness, accuracy or timeliness of the final bid document and may deem a bid received under those circumstances as non-responsive.
All bids must be submitted through the City’s PlanetBids vendor portal no later than 4:00pm on September 4, 2026, at https://pbsystem.planetbids.com/portal/54016/portal-home.
Bidder Questions
Any questions related to this IFB shall be submitted through the City’s PlanetBids vendor portal at https://pbsystem.planetbids.com/portal/54016/portal-home no later than 5:00pm on August 19, 2026.
No oral or emailed question or inquiry about this IFB shall be accepted. No questions or inquiries should be directed to any individual(s) at the locations detailed in this document. All communications must be submitted in writing per the process described in this document.
Pre-Bid Meeting
There is no pre-bid meeting scheduled for this IFB.
Instructions to Bidders
Top view or obtain a copy of this IFB by visiting or contacting any of the following:
City of Madera PlanetBids Vendor Portal
Website: https://pbsystem.planetbids.com/portal/54016/portal-home Construction Bidboard (Ebidboard), Phone: 800-479-5314
Website: www.ebidboard.com
Dodge Data & Analytics, Phone: 877-784-9556
Website: www.construction.com
Placer County Contractors Association & Builders Exchange, Phone: 916-771-7229 Website: www.pccamembers.com
Builders’ Exchange of San Joaquin, Phone: 209-478-1000
Website: http://www.bxsj.org
Central California Builders Exchange, Phone: 559-237-1831 Website: http://cencalbx.com/
Valley Builders Exchange. Phone: (209) 522-9031
Website: www.valleybx.com
Required Contractors Licenses
Each Bidder shall be a licensed contractor pursuant to the California Business and Professions Code §7028.15 and California Public Contract Code §3300 and shall be licensed in the following classification as required by the scope of work: Class A, General Engineering Contractor, or C-12, Earthwork & Paving IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
Contractors License. Any Bidder not meeting the license requirement(s) following the bid opening will be rejected as nonresponsive. All Bidder’s license(s) must be active and in good standing at the time of the bid opening and must remain so throughout the term of the Contract.
Per Labor Code §1771.1, a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on this project unless registered and qualified under Labor Code §1725.5.
Bonding Requirements
Bid security required in the amount of ten percent (10%) of the amount of the bid, and in the form of a bid bond issued by an admitted surety insurer licensed by the California Department of Insurance and certified by the US Bureau of Fiscal Service to conduct business within the state of California, cash, cashier's check, or certified check shall accompany the bids. Bid securities shall be made in favor of the City of Madera.
Payment Bond equal to one hundred percent (100%) of the Bid Security is required within 7 days of the Notice of Intent to Award on all projects valued at $25,000 and above.
Performance Bond equal to one hundred percent (100%) of the Bid Security is required within 7 days of the Notice of Intent to Award on all projects valued at $100,000 and above.
All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety as defined in California Code of Civil Procedure section 995.120.
Prevailing Wages
The project is a public works project subject to California Labor Code §1770 et seq., The Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this contract. Per Diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes.
The California DIR Public Works Contractors website is: http://www.dir.ca.gov/PublicWorks/Contractors.html. The rate of prevailing wage for any craft, classification, or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted.
It shall be mandatory upon the selected contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this contract. Contractor shall post on site all required job site notices as prescribed by law or regulation.
Bid Protest Procedures
Any actual or prospective bidder, offeror, or contractor may protest an IFB to the City’s Procurement Services Manager and/or Director of Financial Services by submitting a written appeal within five (5) working days of knowing or reasonably should have known the facts giving rise to the protest, sent via email to [email protected], or mail to Jennifer Stickman, 205 W. 4th Street, Madera, CA 93637, IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
addressing specific issues such as bid contradictions or procurement errors. The Procurement Services Manager and/or Director of Financial Services have the authority to resolve such protests and will provide a written response within five (5) working days unless more time is needed; if the protester is unsatisfied, they may appeal to the City Manager within five (5) business days, and then to the City Council as a final appeal, where they may be heard. While protests generally halt solicitation proceedings, the City may proceed if the Procurement Services Manager and/or Director of Financial Services determine it's necessary to protect a substantial City interest, and to deter frivolous protests, those who file two (2) unsuccessful protests within twelve (12) months may face debarment from future bids.
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
Scope of Work
The City is in need of permanent AC patching services for the repair of sewer, water, and other similar small to medium-service trenches, as well as failed asphalt areas in streets and alleyways throughout the City.
Contractor’s bid price for these items shall factor in all costs including but not limited to labor, materials, taxes, mobilization, de-mobilization, permits, testing, certifications, and any other fees necessary for the Contractor to perform the work.
A. All work to be done to City Standards. Standard Specifications and Standard Drawings are available online at https://www.madera.gov/home/departments/engineering/standarddrawings/.
B. The contractor must comply with all safety requirements as set forth in the latest editions of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), as well as the MUTCD California Supplement.
C. All assigned work must be completed within 30 calendar days of notification of assignment from the Public Works Department. The City’s Streets & Storm Drainage Operations Manager will be the point of contact between the City and Contractor. While there is no fixed schedule, the contractor will receive lists of areas to be patched on an as-needed basis and may establish their own work schedule based on the scope of each assignment. The contractor is required to notify the Streets and Storm Drainage Operations Manager of their planned schedule to allow for coordination and City inspection of the work upon completion.
D. All permanent repairs require saw cutting when applicable, removing materials to a minimum sixinch depth, compacting/stabilizing and full depth AC repairs. Any situation necessitating a variation from these requirements would be at the direction of authorized personnel within the City’s Public Works Department.
E. The successful bidder shall request an Underground Service Alert (USA) on all repair sites assigned by the City’s Public Works Department at least two days prior to beginning work.
F. All expenses for materials, including either SS-1H or CQS-1H Fog Seal 50/50 mix, removal and disposal of existing pavement, clean-up, traffic control, advanced warning and construction barricades and signing, shall be included in your bid.
G. When permanent asphalt patching is required for an area that has had a utility repair such as a water or sewer line repair, the repair will already have been completed by the City or other utility.
The trench or patch area that requires the permanent AC will have been filled in with either base rock or cold patch material temporarily which would have to be removed to the correct depth to complete the final repair. In this case traffic control would need to be provided for final repair only. Extra saw cutting may be required if there was damage to repair area prior to final phase of work. Note this does not apply when completing the repair for a failed area not covered under a utility repair.
******************************
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
INCLUDE THIS PAGE WITH BID
Bidder Checklist
SUBMIT THIS BIDDER’S CHECKLIST WITH YOUR BID PROPOSAL. Bidders shall complete and submit all documents marked with an “X” in the “REQUIRED WITH BID SUBMITTAL” column for bids to be considered responsive.
If any Bidder makes any alteration, strike-through, or otherwise deviates from any of the bid forms provided herein or makes any qualifications of any of the required bid forms in separate documents submitted with the Contractor’s Bid Proposal, the Bid Proposal may be considered non-responsive.
REQUIRED WITH BID SUBMITTAL
[X] 1. BID PROPOSAL FORM
[X] 2. BID SCHEDULE
[X] 3. BID PROPOSAL SIGNATURE PAGE
[X] 4. SUBCONTRACTOR LISTING (In excess of 1/2 of 1%)
[X] 5. BID DEPOSIT (ELECTRONIC SCANNED COPY) attached to front of Proposal in the form of:
[ ] Certified Check [ ] Bidder’s Bond (submitted on form in this IFB) [ ] Cashier’s Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit
[X] 6. CERTIFICATION (Comptroller General’s List)
[X] 7. NONCOLLUSION AFFIDAVIT
[X] 8. PUBLIC CONTRACT CODE
[X] 9. EQUAL EMPLOYEMENT OPPORTUNITY CERTIFICATION
[X] 10. CALIFORNIA AIR RESOURCES BOARD (CARB) OFF-ROAD DIESEL FLEET COMPLIANCE (DOORS CERTIFICATION)
[X] 11. DISCLOSURE OF CONFLICT-OF-INTEREST FORM
[X] 11. ADDENDA – Signature page of all Addenda issued
SUBMIT NO SOONER THAN ELECTRONIC BID SUBMITTAL DATE AND TIME, AND NO LATER THAN 4:00 P.M. ON THE 3RD BUSINESS DAY AFTER BID OPENING:
[X] LETTER FROM BIDDER THAT BIDDER WILL PERFORM NOT LESS THAN 30% OF THE TOTAL NET BID AMOUNT (ORIGINAL CONTRACT PRICE), excluding specialty items designated by the City on the bid proposal to be submitted via email to [email protected] no sooner than bid submittal date and time, and no later than three business days from the date of the bid opening.
[X] COMPLETE BID AND ALL REQUIRED FORMS AS UPLOADED TO PLANETBIDS (HARD COPY ORIGINAL delivered to ATTN: Jennifer Stickman, City of Madera, 205 East 4th Street, Madera, Ca 93637)
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
INCLUDE THIS PAGE WITH BID
Bid Proposal Form
IFB 202526- 31 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services Bid proposal of ____________________________ (hereinafter called “BIDDER”), organized and existing under the laws of the State of _________________, doing business as (an individual), or (a partnership), or (a corporation), to the City of Madera (hereinafter called “OWNER”):
In compliance with your advertisement for Bids, BIDDER hereby proposes to perform all work required for “IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services” in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.
By submission of this BID, each BIDDER certifies, and in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.
BIDDER hereby agrees to commence work under this Contract on or before a date to be specified in the NOTICE TO PROCEED and to fully complete each assignment within the PROJECT in Thirty (30) Calendar Days.
BIDDER further agrees to pay as liquidated damages, the sum of $585 for each consecutive calendar day thereafter, as provided in Section 1-17 of the General Conditions.
BIDDER acknowledges receipt of the following ADDENDA:
No. ______, dated ____________________, 2026
No. ______, dated ____________________, 2026
No. ______, dated ____________________, 2026
The undersigned, as BIDDER, declares that the only persons, or parties interested in this bid proposal as principals are those named herein; that this bid proposal is made without collusion with any other person, firm or corporation; that the BIDDER has carefully examined the location of the proposed work, the annexed proposed form of contract, and the plan therein referred to; and he proposes and agrees if this bid proposal is accepted, that the BIDDER will contract with the OWNER to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract in the manner and time therein prescribed and according to the requirements of the OWNER as therein set forth, and that he will take in full payment therefor the following prices, to wit:
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
INCLUDE THIS PAGE WITH BID
Bid Schedule
The following Base Bid Schedule A lists the items necessary to complete the work. Each item is all inclusive and must factor in ALL costs including but not limited to labor, materials, taxes, mobilization, demobilization, permits, testing, certifications, and any other fees necessary for the Contractor to perform the work.
BIDDER must fully complete the schedule including the amount in words of EACH ITEM. If the unit price of any item is inconsistent with the amount in words, the amount in words shall prevail. Payment of each item will be based on the actual quantities ordered and received by the OWNER, except for those items bid lump sum and those items that are noted as fixed quantities.
The OWNER reserves the right to reject any bid deemed mathematically or materially unbalanced. A bid may be considered unbalanced if unit prices are significantly disproportionate to the work to be performed or if nominal prices are submitted for some items and disproportionately high prices for others.
Quantities listed are approximate and provided solely for comparative purposes. The representative scenarios in Scenario Bid Schedule B are provided solely for bid evaluation purposes. The quantities shown in Scenario Bid Schedule B do not constitute estimated quantities, guarantees, or commitments by the OWNER. Actual work shall be ordered and paid based on the unit prices submitted in the Bid Schedule A – Base Bid, which may be more or less than the approximate quantities listed here.
BID SCHEDULE A - BASE BID
ITEM
NO.
ITEM DESCRIPTION UNIT OF
MEASURE
APPROX QTY UNIT PRICE AMOUNT IN WORDS
1. Concrete Patching plus
CQS-1H Fog Seal SF 000 to 499
2. Concrete Patching plus
CQS-1H Fog Seal SF 500 to 699
3. Concrete Patching plus
CQS-1H Fog Seal SF 700+
4. Saw Cutting LF All
In case of discrepancy between words and figures, the words shall prevail.
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
INCLUDE THIS PAGE WITH BID
These scenarios represent a typical utility patch repair and a typical alley rehabilitation. Place your totals in the boxes below. This will be used for evaluation purposes only. Actual work shall be ordered and paid based on the unit prices submitted in Bid Schedule A – BASE BID.
BID SCHEDULE B - SCENARIO
ITEM
NO.
DESCRIPTION SIZE TOTAL
1. Utility Patch Repair as Specified in IFB 202627-03 400 SF
2. Alley Rehabilitation as Specified in IFB 202627-03 3,400 SY
3. Utility Patch Repair as Specified in IFB 202627-03 800 SF 4 Alley Rehabilitation as Specified in IFB 202627-03 6,400 SY
TOTAL BID SCHEDULE B - SCENARIO (FOR EVALUATION PURPOSES ONLY) IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
INCLUDE THIS PAGE WITH BID
Bid Proposal Signature Page
If this bid proposal shall be accepted and the undersigned shall fail to contract, as aforesaid, and to give the bonds in the sums to be determined as aforesaid, with surety satisfactory to the Awarding Authority, with FIFTEEN (15) days after the award of the contract, the Awarding Authorities, at its option, may determine that the BIDDER has abandoned the contract, and thereupon this bid proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this bid proposal shall operate and the same shall be the property of the OWNER.
DATE
COMPANY NAME
STREET ADDRESS
CITY/STATE/ZIP
PHONE NUMBER
EMAIL
PERSON PREPARING BID
TITLE
SIGNATURE
CITY OF MADERA BUS. LIC. NO.
CA CONTRACTOR’S LIC. NO. & CLASS
DIR REGISTRATION NO. & WORK CLASSIFICATION
FEDERAL TAX ID NO.
Attest
(Seal if bid is by a corporation)
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
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Subcontractor Listing
The following named subcontractors(s) will perform with labor, or otherwise render services to the general contractor in or about the construction of the work or improvement in an amount in excess of one-half of one percent of the total BID presented herewith or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime Contractor’s total BID. Use subcontractor’s business name style as registered with the License Board.
Name, location, and description of work as required by Section 4104 of the California Public Contract code.
Subcontractor:
Business Address:
CSLB No. & Classification:
DIR No. & Classification:
Item No. or Description of Work:
Dollar Amount or Percentage of Total Bid:
Subcontractor:
Business Address:
CSLB No. & Classification:
DIR No. & Classification:
Item No. or Description of Work:
Dollar Amount or Percentage of Total Bid:
Subcontractor:
Business Address:
CSLB No. & Classification:
DIR No. & Classification:
Item No. or Description of Work:
Dollar Amount or Percentage of Total Bid:
Subcontractor:
Business Address:
CSLB No. & Classification:
DIR No. & Classification:
Item No. or Description of Work:
Dollar Amount or Percentage of Total Bid:
Subcontractor:
Business Address:
CSLB No. & Classification:
DIR No. & Classification:
Item No. or Description of Work:
Dollar Amount or Percentage of Total Bid:
Duplicate this form as necessary.
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Certification
The Bidder certifies under penalty of perjury under the laws of the State of California that his/her business or the corporation is not listed on the Comptroller General's list of ineligible bidders/contractors.
The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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Noncollusion Affidavit
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of MADERA
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Bidder
Signature
Name
Title
Dated
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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Public Contract Code
Public Contract Code Section 10285.1 Statement
In accordance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985) the Bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder has _____, has not _____ been convicted within the preceding three years of any offences referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “Bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.
Note. The Bidder must place a check mark after “has” or “has not” in one of the blank spaces provided above. The above Statement is part of the bid proposal.
Public Contract Code Section 10162 Questionnaire
In accordance with the Public Contract Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the Bidder, any officer, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation.
Yes _____ No _____
If the answer is Yes, explain the circumstances in the following space.
Public Contract Code 10232 Statement
In accordance with Public Contract Section 10232, the Bidder, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court has been issued against the Bidder within the immediately preceding two (2) year period because of the Bidder’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the bid proposal. Signing this bid proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false Certification may subject the certifier to criminal prosecution.
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Equal Employment Opportunity Certification
The bidder ____________________________________________________________ , proposed subcontractor____________________________________________, hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause.
Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.
The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature page thereof shall also constitute signature of this Certification.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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California Air Resources Board (CARB) Off-Road Diesel Fleet Compliance (DOORS Certification) All contractors and subcontractors utilizing off-road diesel-fueled vehicles with 25 horsepower or greater, or most two-engine vehicles, on this public works project in California shall be in full compliance with the California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets Regulation (California Code of Regulations, Title 13, Section 2449 et seq.).
Effective January 1, 2024, prime contractors and public works awarding bodies are required to obtain and retain a fleet's valid Certificate of Reported Compliance from CARB's Diesel Off-Road Online Reporting System (DOORS) prior to awarding or entering into a contract for work on public works projects involving the use of such vehicles.
Bidders shall provide a copy of their firm's (and any proposed subcontractors') current and valid CARB "Certificate of Reported Compliance" for their off-road diesel fleet(s) with their bid proposal.
The City reserves the right to verify the authenticity and validity of all submitted Certificates of Reported Compliance through the CARB DOORS system at http://www.arb.ca.gov/doors/compliance_cert1.html or by contacting the CARB DOORS Hotline.
The awarded Contractor shall maintain continuous compliance with all CARB Off-Road Diesel-Fueled Fleets Regulations throughout the duration of the contract and shall provide updated Certificates of Reported Compliance to the City throughout the project annually, or upon request, to demonstrate continued compliance.
Failure to provide a valid Certificate of Reported Compliance, or to maintain ongoing compliance, may result in the rejection of the bid, termination of the contract, and/or other penalties as permitted by law.
Exemptions:
If a bidder believes their fleet or operations are exempt from these requirements under CARB regulations (e.g., emergency operations as defined in Title 13 California Code of Regulations Section 2449(c)(18)), they must provide detailed documentation and justification for such exemption with their bid proposal for review and approval by the City.
The Bidder must place a check mark after “Yes”, “No”, or “N/A” in one of the boxes provided below.
DOORS certification included with bid: Yes Exempt
N/A (no applicable vehicles will be used for this
project.
If the answer is Exempt, explain the circumstances in the following space.
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Disclosure of Conflict of Interest
YES* NO
1 Are you currently in litigation with the City of Madera or any of its agents?
2 Do you represent any firm, organization or person who is in litigation with the City of Madera?
3 Do you currently represent or perform work for any clients who do business with the City of Madera?
4 Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Madera, or in a business which is in litigation with the City of Madera? 5 Are you or any of your principals, managers, or professionals, related by blood or marriage to any City of Madera employee who has any significant role in the subject matter of this service? 6 Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
(name)
(address)
(city state zip)
□ Additional page(s) attached.
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Bid Bond
KNOWN ALL MEN BY THESE PRESENT, that we, the undersigned, ___________________________________ as Principal, and ___________________________ as Surety, are hereby held and firmly bound unto _____________________________ as Owner in the penal sum of ____________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.
Signed, this _____ day of ____________________, 2026. The condition of the above obligation is such that whereas the Principal has submitted to _____________________________ a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the “IFB 202627-03, Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services”
NOW, THEREFORE,
(a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates, and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) By_____________________________________
Principal
Surety
By:
(Seal and Notarial Acknowledge of Surety)
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
Payment Bond
KNOW ALL MEN BY THESE PRESENTS: that
____________________________________________________________ (Name of Contractor)
____________________________________________________________ (Address of Contractor)
a ____________________________, hereinafter called Principal, and (Corporation, Partnership or Individual)
____________________________________________________________ (Name of Surety)
____________________________________________________________ (Address of Surety)
hereinafter call Surety, are held and firmly bound unto ____________________________________________________________ (Name of Owner)
____________________________________________________________ (Address of Owner)
hereinafter called Owner, in the penal sum of __
______________ Dollars, ($____________) in lawful money of the United States, for the payment of which sum well and truly made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents, and also by the provisions of Part 2, Title 14, Chapter 2 of the California Code of Civil Procedure (Section 995.010, et seq.) and of Section 3247, et seq. of the California Civil Code.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the __________ day of __________, 2026, a copy of which is hereto attached and made a part hereof for the construction of:
“IFB 202627-03, Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services” NOW, THEREFORE, if the Principal shall willingly, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be null and void: otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services
extension of time, alteration, or addition to the terms of the contract or to work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in ________ counterparts, each one of which shall be deemed an original, this the __________ day of ______________, 2026.
ATTEST:_____________________________
Principal
______________________ BY: _____________________________(s) (Principal) Secretary
(Seal)
_______________________ __________________________
(Witness as to Principal) (Address)
_______________________
ATTEST:
________________________ __________________________
(Surety) Secretary (Surety)
(SEAL)
____________________________ BY: _______________________ Witness as to Surety Attorney in Fact
___________________________ ____________________________ (Address) (Address)
___________________________ ____________________________ NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall execute Bond.
IFB 202627-03 Fiscal Year 2026/2027 Asphalt/Concrete Patching On-Call Services