Agenda — McFarland City Council, April 13, 2023 (part 2 of 2)

BHT ENGINEERING, INC.

Civil Engineering & Construction Management
218 S. “H” Street, Ste. 201
Bakersfield, CA 93304
(661) 558-4641

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Memorandum
TO: Patrick Jacobs
City of McFarland, Interim Public Works Director
FROM: Juan M. Pantoja
Project Manager / Engineer
DATE: March 13, 2023
SUBJECT: Lowest Responsive Bid Analysis for the 2nd Street Landscape & Pedestrian Improvements – STPL 5343 (017)
A. The City of McFarland received a total of THREE (3) bids for the subject project. Bids were opened on January 10, 2023 at 2:15 pm, by the City Clerk, Francisca Alvarado. Bids ranged from a low of $319,650.00. to a high of $404,781; with an average bid of $364,019.21. The 3 received bids are:

Company Bid Amount
Cen Cal Construction $ 319,650.00 Apparent Low Bidder – nonresponsive see below
Advance Concrete $ 367,626.64
BMY Construction Group, Inc. $ 404,781.00
Cen Cal Construction submitted the apparent low bid of $319,650.00, which was about 12% lower than the engineer's estimate of $361,883.00. The highest bid of $404,781 was about 12% higher than the engineer’s estimate.

B. BHT Engineering, Inc. identified irregularities in the lowest bid, submitted by Cen Cal Construction, as follows:

1. Cen Cal Construction failed to meet the established Disadvantaged Business Enterprise (DBE) goal of 12 percent or demonstrate adequate Good Faith Efforts to meet the goal.

Cen Cal Construction achieved a goal of only 0.87%. The City determined that Cen Cal Construction did not demonstrate good faith efforts to meet the DBE participation for this contract, for the reasons cited in the attached evaluation report. It should be noted that the second lowest bidder, a certified DBE contractor, (which the City can consider in its good faith efforts evaluation), achieved a substantially higher DBE goal of 51%.

2. Based on the above, the bid from Cen Cal Construction was found Non-Responsive. A letter of rejection, dated 01/20/23 was sent to Cen Cal Construction via email. As required under 49 CFR Part 26.53 (d), Cen Cal Construction was given the opportunity for an administrative reconsideration by providing written documentation concerning this issue.

3. Cen Cal Construction submitted a Bid Protest Letter on 01/25/23. The bid dispute raises the following issue: Cen Cal Construction made adequate Good Faith Efforts to achieve the DBE goal. City Staff examined the protest and determined that Cen Cal Construction did not provide any additional data to support a demonstration of good faith effort; and denied the protest for the reasons cited in the attached GFE Reconsideration letter, dated 01/30/23, sent to Cen Cal Construction via email.

C. BHT Engineering, Inc. proceeded to qualify the lowest responsive bidder Advance Concrete and verified the bidder's proposal as follows:

1. Advance Concrete submitted the Bid proposal on the required forms and provided all requested information.

T:\6-McFARLAND\DOC\21601 - 2nd St Harlow to California\BIDDING\Low Bidder Qualification\McFARLAND - 2nd St Lan-Ped Imp - Low Bid - BID Analysis - final.doc Page 2 of 3

2. BHT Staff identified the following irregularity in the bid:

The Bidder had several math rounding errors totaling $3.62. The Bidder shows $367,623.02, yet the correct amount should be $367,626.64. This is considered a minor irregularity because it does not alter the nature of the work.

3. BHT Staff verified with the State Contractor’s License Board (http://www.cslb.ca.gov/) and the California Department of Industrial Relations (DIR) (https://cadir.secure.force.com/ContractorSearch) that the bidder and all subcontractors hold current and active State Contractor’s Licenses and are registered with the DIR, as follows:

Contractor Name License No. & Class License Expiration
Date DIR Regis. No.

Advance Concrete 1085269
C-8 12/31/2023 1000043065
Loop Electric, Inc. 496032
A, C10, C31 02/29/2024 1000002630
Rainscape Landscape & Irrigation 318642
C27 06/30/2023 1000002273

4. BHT Staff verified that the low bidder’s Workers' Compensation Insurance coverage is current.

5. A proposal guarantee accompanied the proposal in the form of a Bid Bond totaling ten percent (10%) of the bid. The low bidder signed and properly notarized the Bid Bond. The surety agent is Travelers Casualty and Surety Company of America.

6. BHT Staff verified through the State Department of Insurance website (https://interactive.web.insurance.ca.gov/companyprofile/companyprofile) that the Bonding Company, Travelers Casualty and Surety Company of America, is an admitted surety in the State of California.

7. BHT Engineering, Inc. verified that neither the low bidder nor any of its key personnel appear on the Federal or State debarment lists (https://www.sam.gov/SAM/; https://www.dir.ca.gov/dlse/debar.html)

8. The following references were contacted and confirmed that the low bidder has completed projects of a similar scope with no problems:

Mr. Fabian Mendoza – City of Porterville – (559) 333-4091. $124,000.00 value. Has worked with low bidder in previous projects, good communication and working relationship with owner, field and office personnel, completed project within time, would recommend them.

They are one of the first companies they call for patch work. Mr. Mendoza would use them again.

Mr. Brian Mendoza – Caltrans District 8 – (951) 722-5755. $268,749.00 value. Has worked with low bidder in various previous ADA, curb & gutters replacement improvement projects, in Bakersfield, Madera, Porterville, good communication and working relationship, they are on top of everything, know what they are doing, one of the best concrete subcontractors he has worked with, have completed projects within time, would recommend them. Mr.

Mendoza will have another project in Bakersfield with them, in a few months.

Mr. Frank Hallaian – Hallaian Homes – (559) 439-5339. Called on 03/03/23 and on 03/07/23 and left a voice messages – no response has been received.

9. Advance Concrete completed "Exhibit 15-G Construction Contract DBE Commitment" form indicating a 51% percent Disadvantaged Business Enterprise (DBE) participation level for this project. BHT Engineering, Inc. verified that the Prime contractor, Advance Concrete is listed as a DBE firm and is T:\6-McFARLAND\DOC\21601 - 2nd St Harlow to California\BIDDING\Low Bidder Qualification\McFARLAND - 2nd St Lan-Ped Imp - Low Bid - BID Analysis - final.doc Page 3 of 3
currently certified DBE. The following listed DBE prime contractor is registered with the California Unified Certification Program, https://dot.ca.gov/programs/civil-rights/dbe-search.  Advance Concrete (Firm DBE ID: 46217)

10. The City's DBE goal (contract goal) for this project is 12%. Contractors need to achieve the DBE goal or demonstrate good faith efforts (GFE) toward achieving the goal in order to be eligible for contract award. Advance Concrete has achieved the DBE goal for this project.

D. Recommendation of Award:

Advance Concrete is the lowest responsible bidder based on the stated basis of award. If a construction contract is awarded, it is recommended that the contract be awarded to Advance Concrete.

Attachments: Bid Summary
Bid Opening Checklist
Contractor’s License verification
Contractor and Subcontractor’s (DIR) Registration number Bonding Company Information
Cen Cal: DBE Good Faith Efforts Evaluation Memorandum. Non-responsive bid letter(s) System for Award Management (SAM) report
DLSE Debarments list

BHT Job # 21601
BID OPENING: JANUARY 10, 2023 @ 2:15 PMTHREE (3) BIDS TOTAL RECEIVED.

ITEM UNIT OF EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. MEASURE QNTY. COST COST COST COST COST COST COST COST 1 SITE DEMOLITION, CUT & HAUL-OFF EXCESS MATERIAL. TREES REMOVAL L.S. 1 $55,000.00 55,000.00 $ 32,054.25 $ 32,054.25 $ 27,328.00 $ 27,328.00 $ 15,750.00 $ 15,750.00 $ 2 SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90% FOR SIDEWALKS, CURB RAMPS, CURB & GUTTERS, DRIVE APPROACHES C.Y. 170 $125.00 21,250.00 $ 70.00 $ 11,900.00 $ 157.94 $ $ 26,849.80 $ 21,250.00 125.00 $ 3 INSTALL SIDEWALK - 4" THICK GRAY CONC. S.F. 1091 $12.00 13,092.00 $ 6.00 $ 6,546.00 $ 14.57 $ $ 15,895.87 $ 18,547.00 17.00 $ 4 INSTALL SIDEWALK - 4" THICK INTEGRAL RED COLORED STAMPED CONC. S.F. 861 $26.00 22,386.00 $ 8.25 $ 7,103.25 $ 22.45 $ $ 19,329.45 $ 24,108.00 28.00 $ 5 INSTALL ADA CURB RAMP CASE "B" EA. 2 $4,000.00 8,000.00 $ 3,265.00 $ 6,530.00 $ 7,500.00 $ 15,000.00 $ 5,339.00 $ 10,678.00 $ 6 INSTALL 8" THICK CONC. APRON AT ALLEY DRIVE APPROACH - REINFORCED S.F. 307 $26.00 7,982.00 $ 21.00 $ 6,447.00 $ 60.87 $ $ 18,687.09 $ 9,824.00 32.00 $ 7 INSTALL RESIDENTIAL DRIVE APPROACH - 6" THICK CONC. S.F. 823 $16.00 13,168.00 $ 8.50 $ 6,995.50 $ 20.46 $ $ 16,838.58 $ 15,637.00 19.00 $ 8 INSTALL 6" CURB AND GUTTER L.F. 342 $45.00 15,390.00 $ 36.00 $ 12,312.00 $ 72.30 $ $ 24,726.60 $ 41,040.00 120.00 $ 9 MINOR HOT MIX ASPHALT - FOR PAVEMENT TIE-IN, APPLY FOG SEAL TON 16 $800.00 12,800.00 $ $ 517.00 $ 8,272.00 $ 750.00 $ 12,000.00 $ 1,361.00 $ 21,776.00 10 FURNISH AND INSTALL AREA LIGHT/POLE/FOOTING AND RELATED ELEC ITEMS PER PLANS EA. 4 $27,000.00 108,000.00 $ $ 29,655.00 $ 118,620.00 $ 32,080.75 $ 128,323.00 $ 34,744.00 $ 138,976.00 11 IRRIGATION SYSTEM L.S. 1 $25,000.00 25,000.00 $ $ 38,630.00 $ 38,630.00 $ 24,726.62 $ 24,726.62 $ 25,865.00 $ 25,865.00 12 FURNISH AND INSTALL 24-in BOX TREES EA. 6 $1,600.00 9,600.00 $ $ 1,581.00 $ 9,486.00 $ 1,323.00 $ 7,938.00 $ 1,482.00 $ 8,892.0013 FURNISH AND INSTALL TREE WELL/GRATES EA. 6 $4,000.00 24,000.00 $ $ 4,203.00 $ 25,218.00 $ 3,107.33 $ 18,643.98 $ 3,588.00 $ 21,528.00 14 FURNISH AND INSTALL TRASH RECEPTACLE EA. 2 $1,400.00 2,800.00 $ $ 2,592.00 $ 5,184.00 $ 1,320.00 $ 2,640.00 $ 2,828.00 $ 5,656.0015 FURNISH AND INSTALL BOLLARD EA. 2 $1,500.00 3,000.00 $ $ 1,321.00 $ 2,642.00 $ 550.00 $ 1,100.00 $ 574.00 $ 1,148.0016 ADA MARKING & SIGN L.S. 1 $1,250.00 1,250.00 $ $ 4,576.00 $ 4,576.00 $ 1,000.00 $ 1,000.00 $ 2,154.00 $ 2,154.0017 TEMPORARY TRAFFIC CONTROL L.S. 1 $9,665.00 9,665.00 $ $ 1,929.00 $ 1,929.00 $ 1,000.00 $ 1,000.00 $ 2,665.00 $ 2,665.0018 PREPARE AND IMPLEMENT EROSION CONTROL PLAN L.S. 1 $3,000.00 3,000.00 $ $ 3,415.00 $ 3,415.00 $ 600.00 $ 600.00 $ 6,717.00 $ 6,717.0019

MODIFY/ADJUST/REPLACED EXISTING IRRIGATION SYSTEM, TO ALLOW FOR NEW WORK - IN-KIND L.F. 100 $20.00 2,000.00 $ $ 45.00 $ 4,500.00 $ 13.20 $ 1,320.00 $ 15.00 $ 1,500.00 20 REMOVE/SALVAGE EXISTING FENCE/GATE; FURNISH AND INSTALL NEW CHAIN LINK FENCE, AND WALK GATE; ADJUST/RESET MAIL BOXES IN-KIND L.F. 45 $100.00 4,500.00 $ $ 162.00 $ 7,290.00 $ 81.77 $ 3,679.65 $ 246.00 $ 11,070.00 Date Updated: 02/28/23. By: JMP TOTAL BID: 361,883.00 $ $ 367,626.64 319,650.00 $ 404,781.00 $ Note: Bidder 2 has several math, rounding errors, therefore the Bid Total is +$3.62. The amounts shown are the correct amounts. 123
BMY Construction Group, Inc.

Fresno, CA (559) 243‐4200
Lic No. 686178

ITEM DESCRIPTION

CITY OF MCFARLAND - BID SUMMARY
2ND ST LANDSCAPE AND PEDESTRIAN IMPROVEMENTS - STPL 5343 (017) Engineer's Estimate
Cen Cal Construction
Bakersfield, CA (661) 399‐3759
Lic No. 962895
Advanced Construction
Porterville, CA (559) 782‐6322
Lic No. 1085269

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Copyright © 2023 State of California
Data current as of 2/28/2023 11:50:09 AM
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Contractor's License Detail for License # 1085269
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

ADVANCED CONCRETE
1018 W TEAPOT DOME AVE STE E
PORTERVILLE, CA 93257
Business Phone Number:(559) 782-6322
Entity Partnership
Issue Date 12/21/2021
Expire Date 12/31/2023
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This license is current and active.

All information below should be reviewed.

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C-8 - CONCRETE
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Contractor's Bond
This license filed a Contractor's Bond with TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.

Bond Number: 107513950
Bond Amount: $25,000
Effective Date: 01/01/2023
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This license has workers compensation insurance with the FALLS LAKE FIRE AND CASUALTY COMPANY Policy Number:FLA01872700
Effective Date: 03/29/2022
Expire Date: 03/29/2023
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CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  Personnel listed on this license (current or disassociated) are listed on other licenses.

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Number Legal Entity Name RegistrationStart Date
Registration
Expiration Status Mailing Address Craft Name
1000043065

ADVANCED CONCRETE
CONSTRUCTION 7/1/21 6/30/23 Active
1018 W. TEAPOT DOME AVE STE. E
PORTERVILLE United States of America
93257
Cement
Mason,Laborer,Operati
ng Engineer
1000002630 LOOP ELECTRIC INC. 7/1/22 6/30/23 Active 7040 DOWNING AVENUE BAKERSFIELD United States of America 93308 Electrician
1000002273 RAINSCAPE 7/1/22 6/30/23 Active 1222 N. ROSEBURG CT. VISALIA United States of America 93291 Landscape

COMPANY PROFILE
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TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA

ONE TOWER SQUARE
HARTFORD, CT 06183
Old Company Names Effective Date
AETNA CASUALTY & SURETY COMPANY OF AMERICA 07/01/1997
Agent For Service
Melissa DeKoven
2710 Gateway Oaks Drive, Suite 150N
Sacramento CA 95833-3505
Reference Information
NAIC #: 31194
California Company ID #: 2444-8
Date Authorized in California: 07/31/1981
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: CONNECTICUT
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© 2008 California Department of Insurance
M e m o r a n d u m
Date: January 20, 2023
To: PROJECT FILE (BHT # 21601)
Federal-Aid Project Number: 2nd Street Landscape & Pedestrian Improvements – STPL 5343 (017) Bid Opening Date: January 10, 2023
Bidder: J.L. Plank, Inc. DBA Cen-Cal Construction
Type of Work: Landscape & Pedestrian Improvements
Bid Amount: $319,650.00
From: City of McFarland
Subject: Evaluation of Good Faith Efforts
The City of McFarland established a Disadvantaged Business Enterprise (DBE) goal of 12 percent for this contract. The bidder commits 0.87 percent DBE participation.

The City of McFarland’s evaluation of the apparent low bidder’s Good Faith Efforts is based on Section 9.8 of the Local Assistance Procedures Manual and Appendix A in Part 26 of Title 49 of the Code of Federal Regulations. The efforts of the bidder were reviewed by the City Engineer’s office from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts, signed and submitted by J.L. Plank, Inc. DBA Cen-Cal Construction.

The City of McFarland determined that the Low Bidder did NOT demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.

EVALUATION
A. Items of work the bidder made available to DBE firms [Describe the work and approximate dollar amount, as a percentage of total work, made available to DBEs by the Low Bidder. If the bidder did not make enough work available to meet the goal, the bidder definitely did not make adequate efforts to meet the goal. The amount of work made available relative to the goal is generally positively correlated with the adequacy of the bidder’s Good Faith Efforts.]
Per the GFE documentation provided, work made available to DBEs is as follows:

Item
# ITEM CODE % *
1 SITE DEMOLITION, CUT & HAUL-OFF EXCESS MATERIAL, TREE REMOVAL 10.0% 2 SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90% FOR MISC.

CONCRETE 3.7%
3 INSTALL SIDEWALK - 4" THICK GRAY 2.0%
4 INSTALL SIDEWALK - 4" THICK INTEGRAL RED COLORED STAMPED 2.2% 5 INSTALL ADA CURB RAMP CASE B 2.0%
6 INSTALL 8" THICK CONCRETE APRON AT ALLEY DRIVE APPROACH – REINFORCED 2.0%

MEMORANDUM TO FILE 01/20/23
Contract Number: STPL – 5343 (017) Page 2 of 6

7 INSTALL RESIDENTIAL DRIVE APPROACH - 6" THICK 2.2%
8 INSTALL 6" CURB AND GUTTER 3.9%
9 HMA - FOR PAVEMENT TIE-IN, APPLY FOG SEAL 2.6%
10 FURNISH AND INSTALL AREA LIGHT/POLE/FOOTING AND RELATED ELECTRICAL ITEMS 37.1%
11 IRRIGATION SYSTEM 12.1%
12 FURNISH AND INSTALL 24” BOX TREES 3.0%
13 FURNISH AND INSTALL TREE WELL/GRATES 7.9%
14 FURNISH AND INSTALL TRASH RECEPTACLE 1.6%
15 FURNISH AND INSTALL BOLLARDS 0.8%
16 ADA MARKING & SIGN 1.4%
17 TEMPORARY TRAFFIC CONTROL 0.6%
18 PREPARE AND IMPLEMENT EROSION CONTROL PLAN 1.1%
19 MODIFY/ADJUST/REPLACED EXISTING IRRIGATION SYSTEM, TO ALLOW FOR NEW WORK, IN-KIND 1.4%
TOTAL= 97.7%
*Note, bidder did not provide a percentage nor dollar amount in section C of Exhibit 15-H. The above percentages were calculated by review staff from the bidder’s bid schedule.

It shall be noted that even though bidder made Item 2 with Work Code C1910 and Items 3 through 7 with Work Codes C7301, work the prime contractor would normally performs itself available on the invitation to bid, bidder did not include these in his DBE search when using the California Unified Certification Program online database, and minimized the likelihood of achieving the goal and did not demonstrate active and aggressive effort to acquire DBE participation.

Federal Guidelines expressly state that the bidder must show it took all necessary and reasonable steps to achieve the goal. Moreover, the efforts taken by the bidder must be those reasonably expected of a bidder actively and aggressively trying to obtain sufficient DBE participation even up to including work the prime contractor would prefer and/or normally performs itself in order to increase the likelihood that the DBE goal will be achieved. From the submitted GFE documentation the low bidder did not include work normally performed by its own forces, in this case grading and concrete, because he did not include Work Codes C1910 nor C7301 in his DBE search when using the California Unified Certification Program online database.
[Did the Low Bidder separate the work into economically feasible units to facilitate DBE participation?] Yes, the bidder separated the work into different categories of work that were economically feasible to facilitate DBE participation.

B. Solicitation effort documentation
[Document the number of DBEs originally contacted by the Low Bidder and the dates and number of follow-up solicitations and determine if sufficient time was allowed for the DBEs to respond.] Number of DBE’s contacted:

The bidder contacted or attempted to contact a total of 23 DBE firms, as shown on the provided backup documentation. The bidder sent written notices via fax to 21 DBE firms with 5 not being delivered successfully. Solicitations by email were done on 12/28/22 to two (2) DBE firms; that had

MEMORANDUM TO FILE 01/20/23
Contract Number: STPL – 5343 (017) Page 3 of 6

not received the fax; the other three (3) firms were not sent an email and there is no evidence that these 3 firms were contacted by any other method. The bidder contacted 2 DBE firms via email only.

The bidder followed up with one phone call on 01/09/23 to 20 firms originally contacted.

City staff's research using the Caltrans DBE database showed that there are a total of fifth-seven (57) DBE firms capable of performing the work identified in section A. There was no documentation submitted by the low bidder, explaining the selection methodology of the 23 DBE firms or the reasoning why the DBE contact list was so narrowly defined to 23 firms.

All certified DBEs capable of performing the work identified were not contacted.

It is the City’s finding that the Low Bidder did not aggressively try to obtain sufficient DBE participation, by only successfully contacting 20 DBE firms out of the 57 available.

Date of Solicitations:

The bidder sent the initial contact on 12/27/22 via fax to 8 firms, on 12/28/22 - 12 DBE firms were contacted via fax, and on 12/28/22 - 4 firms were contacted via email. It appears that DBEs were given sufficient time to respond.

The City issued one (1) addendum on 01/04/23. The bidder did not provide any documentation to demonstrate that the addendum was sent to any of the 23 DBE firms originally contacted. By not sending the addendum to any DBE firms the Contractor did not demonstrate active and aggressive efforts to acquire DBE participation.
[Document if the Low Bidder solicited through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices, etc.) to all certified DBEs who have the capability to perform the work of the contract?] The bidder did attend the pre-bid meeting on 12/21/22. The bidder advertised in one (1) publication, Construction Bid Source a Trade and Focus publication; published on 12/27/22 to bid date.

The bidder sent written notices via fax to 21 DBE firms with 5 not being delivered successfully.

Solicitations by email were done on 12/28/22 to two (2) DBE firms; that had not received the fax; the other three (3) firms were not sent an email and there is no evidence that these 3 firms were contacted by any other method. The bidder contacted 2 DBE firms via email only.

With respect to these facts on this specific project, it can be determined that the bidder did not use all reasonable and available means to originally contact DBE’s; because the low bidder did not attempt to contact 19 DBEs via email, and only used fax; did not attempt to contact all certified DBEs capable of performing the work identified.
49 CFR Appendix A to Part 26 states that solicitation be through "all reasonable and available means the interests of all certified DBE's who have the capability to perform the work of the contract." [Did the Low Bidder provide proof of the aforementioned items?] Yes, the bidder has provided a copy of the advertisement. The bidder also provided a copy of initial email to 4 firms, and a fax log to 16 firms.

MEMORANDUM TO FILE 01/20/23
Contract Number: STPL – 5343 (017) Page 4 of 6

[How many of the DBEs solicited are capable of performing the work identified in A?] Use the California Unified Certification Program online database at: https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search Item
# ITEM CODE
Work
Category
Code
1 SITE DEMOLITION, CUT & HAUL-OFF EXCESS MATERIAL, TREE REMOVAL C1532,
C7602,
C9607
2 SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90% FOR MISC.

CONCRETE C1910
3 INSTALL SIDEWALK - 4" THICK GRAY C7301
4 INSTALL SIDEWALK - 4" THICK INTEGRAL RED COLORED STAMPED C7301 5 INSTALL ADA CURB RAMP CASE B C7301
6 INSTALL 8" THICK CONCRETE APRON AT ALLEY DRIVE APPROACH – REINFORCED C7301
7 INSTALL RESIDENTIAL DRIVE APPROACH - 6" THICK C7301
8 INSTALL 6" CURB AND GUTTER C7301
9 HMA - FOR PAVEMENT TIE-IN, APPLY FOG SEAL C3901
10 FURNISH AND INSTALL AREA LIGHT/POLE/FOOTING AND RELATED ELECTRICAL ITEMS C8602
11 IRRIGATION SYSTEM C2065
12 FURNISH AND INSTALL 24” BOX TREES A0781
C0620
13 FURNISH AND INSTALL TREE WELL/GRATES C7500
14 FURNISH AND INSTALL TRASH RECEPTACLE n/a
15 FURNISH AND INSTALL BOLLARDS C0655
16 ADA MARKING & SIGN C8406
17 TEMPORARY TRAFFIC CONTROL C1200
18 PREPARE AND IMPLEMENT EROSION CONTROL PLAN C8852
19 MODIFY/ADJUST/REPLACED EXISTING IRRIGATION SYSTEM, TO ALLOW FOR NEW WORK, IN-KIND C2065
There were a total of 57 firms capable of performing the work identified in A, per the DBE query done by the City on 01/19/23, using the above work codes.

The low bidder provided copy of their DBE search using the following work codes:
x A0781 - Landscaping, Tree Services
x C1532 - Remove Concrete
x C7602 - Saw Cutting
x C8602 - Signal & Lighting
It shall be noted that even though bidder made Item 2 with Work Code C1910 and Items 3 through 7 with Work Codes C7301, work the prime contractor would normally performs itself available on the invitation to bid, bidder did not include these in his DBE search when using the California Unified Certification Program online database, and minimized the likelihood of achieving the goal and did not demonstrate active and aggressive effort to acquire DBE participation.

There were a total of 38 firms capable of performing grading work (C1910) and/or concrete work (C7301), per the DBE query done by the City on 01/19/23. The bidder only contacted four (4) of

MEMORANDUM TO FILE 01/20/23
Contract Number: STPL – 5343 (017) Page 5 of 6

these firms (Fresno Concrete Construction, Inc. ID#203; Roll’ N Rock Construction, Inc. ID# 41928; Mass X, Inc. ID# 39715, and S. Chaves Construction, Inc. ID#34994).

The federal Guidelines expressly state that the bidder must show it took all necessary and reasonable steps to achieve the goal. Moreover, the efforts taken by the bidder must be those reasonably expected of a bidder actively and aggressively trying to obtain sufficient DBE participation even up to including work the prime contractor would prefer and/or normally performs itself in order to increase the likelihood that the DBE goal will be achieved. From the submitted GFE documentation the low bidder did not include work normally performed by its own forces, in this case grading and concrete, because he did not include Work Codes C1910 nor C7301 in his DBE search when using the California Unified Certification Program online database.

C. Rejected DBE documentation
[How many DBE quotes were accepted or rejected by the Low Bidder? Why were the quotes rejected?] Per the Bidder’s Exhibit 15-G, there was one (1) quote received from a DBE firm, the received quote was accepted. The bidder failed to provide copy of the accepted quote as required in Exhibit 15-G. [Was/were quote(s) rejected when it was only marginally higher and could have substantially increased the DBE commitment or even allow it to meet the DBE goal?]
No quotes from DBE’s were rejected, as noted on section D of Exhibit 15-H.

D. Publication effort made to advertise the projects to include DBE participation [What publications were used and when to request DBE participation for this the project? Did the Low Bidder provide copies of publications?]
The bidder advertised in one (1) publication: Construction Bid Source a Trade and Focus publication; published on 12/27/22 to bid date, as shown on the submitted GFE documentation.

E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
[Did the Low Bidder contact other organizations for outreach to encourage DBE participation on the contract?] Per the submitted GFE documentation the bidder contacted the following agencies:

1. California Unified Certification Program (CUCP) – Caltrans list of DBE search by internet search on 12/27/22.

The low bidder did not provide any additional documentation of any efforts to contact any other agencies, organizations or groups to provide assistance in contacting, recruiting and using DBEs.

F. Efforts to provide information about the plans, specifications, and contract requirements [Did the Low Bidder provide contract information to interested DBEs and were these listed in their Good Faith Efforts?]
The submitted GFE documentation shows that the bidder notified DBEs about plans and specs and technical assistance. The invitation to bid notifies where the plans and specs can be obtained.

ADVANCED CONCRETE
Unique Entity ID
D6KCN2LZBP23

CAGE / NCAGE
87MG3
Purpose of Registration
All Awards
Registration Status
Active Registration
Expiration Date
Oct 10, 2023
Physical Address
1018 W Teapot Dome AVE STE E
Porterville, California 93257-8903
United States
Mailing Address
P O Box 107
Fillmore, California 93016
United States
Business Information
Doing Business as
(blank)
Division Name
(blank)
Division Number
(blank)
Congressional District
California 23
State / Country of Incorporation
California / United States
URL
(blank)
Registration Dates
Activation Date
Oct 12, 2022
Submission Date
Oct 10, 2022
Initial Registration Date
Nov 19, 2018
Entity Dates
Entity Start Date
Jun 20, 2001
Fiscal Year End Close Date
Dec 31
Immediate Owner
CAGE
(blank)
Legal Business Name
(blank)
Highest Level Owner
CAGE
(blank)
Legal Business Name
(blank)
Executive Compensation
Registrants in the System for Award Management (SAM) respond to the Executive Compensation questions in accordance with Section 6202 of P.L. 110-252, amending the Federal Funding Accountability and Transparency Act (P.L. 109-282). This information is not displayed in SAM. It is sent to USAspending.gov for display in association with an eligible award. Maintaining an active registration in SAM demonstrates the registrant responded to the questions.

Proceedings Questions
Registrants in the System for Award Management (SAM.gov) respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9, or 2. C.F.R. 200 Appendix XII. Their responses are displayed in the responsibility/qualification section of SAM.gov. Maintaining an active registration in SAM.gov demonstrates the registrant responded to the proceedings questions.

Exclusion Summary
Active Exclusions Records?
No
SAM Search Authorization
I authorize my entity's non-sensitive information to be displayed in SAM public search results:

Yes
Entity Types
Business Types
Entity Structure
Partnership or Limited Liability Partnership
Entity Type
Business or Organization
Organization Factors
(blank)
Profit Structure
For Profit Organization
Last updated by Terri Coert on Oct 10, 2022 at 07:09 PM ADVANCED CONCRETE https://sam.gov/entity/D6KCN2LZBP23/coreData?status=Active Page 1 of 3 Socio-Economic Types
Minority Owned Business
Self Certified Small Disadvantaged Business
DOT Certified DBE
Hispanic American Owned
Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA-certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration.

Financial Information
Accepts Credit Card Payments
Yes
Debt Subject To Offset
No
EFT Indicator
0000
CAGE Code
87MG3
Points of Contact
Electronic Business
Modesto Munoz, General Partner
1018 W Teapot AVE
STE E
Porterville, California 93257
United States
Government Business
Modesto Munoz
1018 W Teapot AVE
STE E
Porterville, California 93257
United States
Past Performance
Terri Coert, Admin Asst
1018 W Teapot AVE
STE E
Porterville, California 93257
United States
Service Classifications
NAICS Codes
Primary
Yes
NAICS Codes
238110
NAICS Title
Poured Concrete Foundation And Structure Contractors
237310 Highway, Street, And Bridge Construction
238120 Structural Steel And Precast Concrete Contractors 238910 Site Preparation Contractors
238990 All Other Specialty Trade Contractors
484110 General Freight Trucking, Local
484220 Specialized Freight (Except Used Goods) Trucking, Local Disaster Response
Yes, this entity appears in the disaster response registry.

No, this entity does not require bonding to bid on contracts.

Bonding Levels Dollars
(blank)
States
Arizona
California
Counties
(blank)
Metropolitan Statistical Areas
(blank)
Last updated by Terri Coert on Oct 10, 2022 at 07:09 PM ADVANCED CONCRETE https://sam.gov/entity/D6KCN2LZBP23/coreData?status=Active Page 2 of 3 Nevada
Last updated by Terri Coert on Oct 10, 2022 at 07:09 PM ADVANCED CONCRETE https://sam.gov/entity/D6KCN2LZBP23/coreData?status=Active Page 3 of 3 DLSE Debarments
The following is a list of contractors barred from bidding on, accepting, or performing any public works contracts, either as a contractor or subcontractor. Please refer to the “Period of Debarment” for status of debarment period as noted below:

As part of your due diligence, we suggest that you also check:

Contractor status at the Contractors State License Board (CSLB) The Federal debarment list at the Excluded Parties List System Name of contractor Period of debarment

MINAKO AMERICA CORPORATION DBA
MINCO CONSTRUCTION;

AND REFAAT HILMAY MINA,
CSLB License Number: 612429
September 27, 2021
through September 26,
2022
Decision LB 6333
GRFCO, INC. DBA ONSITE KRUSHING;
GARCIA JUAREZ CONSTRUCTION, INC.;
GEORGE ROBERT FROST; AND JAMES

CRAIG JACKSON
CSLB License Number: 291013 and
84801
5/21/2021 through
5/20/2024
Decision LB 6629
Avi Shechter, Individually
DBA Avi Shechter
CSLB Number: 908891 and 1018353
5/6/2019 through
5/5/2022
Decision LB 6328
Patrick Kim, Individually
DBA Ritecon Plumbing
CSLB Number: 991018
8/21/2018 through
8/20/2019
Decision LB 6762
How can we
help you
today?
Bighorn Construction, Inc.

CSLB Number: 597866
5/5/2018 through
5/4/2021
Decision LB 6658
Doug Parks, Individually dba
Doug Parks and Son Plumbing
CSLB Number: 411825
10/11/2017 through
10/10/2019
Decision SC 5807
Worthington Construction, Inc.;
Dale Worthington, an individual and
CEO/RMO of
Worthington Construction, Inc.; and,
Holi Jeanne Worthington, an
individual and Officer of
Worthington Construction
CSLB Number: 714836
6/15/2018 through
9/16/2019
Decision LB 5267
RMV Construction, Inc., A California
Corporation; and Robert
Michael Vasil II a.k.a. Robert Michael
Vasil a.k.a.

Mike Vasil, an Individual and CEO/RMO
President of RMV
Construction, Inc.

CSLB Number: 892389
4/1/2017 through
8/18/2018
Decision LB 5266
Gewargis Youkhanis Narso, an
individual dba
GEHVAC and Technologies, a sole
proprietorship,
And GEHVAC Co., a sole proprietorship
CSLB Number: 899312 and 1013848
2/1/2017 through
1/31/2020
Decision 40-48480-516
Joseph Brothers Enterprise, Inc.; Ken
Joseph Individually and as CEO
CSLB Number: 849169
4/3/2018 through
10/3/2019
Decision SC 6390
Dave Cook Concrete Construction, Inc.,
and David William Cook
3/1/2017 through
2/29/2020
34231 Camino Capistrano #102
Capistrano Beach, CA 92624-1189
CSLB Number: 461897
Decision LB 6207
Bannaoun Engineers Constructors
Corporation; Omar Maloof, An
Individual
P.O. Box 16599
Beverly Hills, CA 90209-2599
CSLB Number: 827829
05/12/17 through
05/11/20
Decision SC 5517
Evans Roofing Co., Inc.
2020 South Yale Street
Santa Ana, CA 92706
CSLB Number: 610549
10/31/16 through
10/30/19
Decision LB 6270
Guillermo Ibaibarriaga dba Sierra
Nevada Stucco and 2K Roofing
Sierra Nevada Stucco
P.O. Box 8472
Reno, NV 89502
CSLB Number: 915812
2K Roofing
820 Kuenzli Street
Reno, NV 89502
CSLB Number: 954551
05/14/17 through
05/13/20
Decision SC 6037
Del Norte Construction, And Trinidad
Manuel Canales, an Individual
PO Box 5101
Oxnard, CA 93030
5020 Wooley Rd.

Oxnard, CA 93030
CSLB Number: #945723
6/01/16 through 5/31/17
Decision LB 5533
Diversified Building & Electric
Company, Inc.
409 Tennant Station
Morgan Hill, CA 95037
2/15/16 through 8/15/17
Decision SC 5714
Denis Andrew Maris, Individually and
Doing Business as Diversified Electric
Company
CSLB Number: #765312
Fast Demolition, Inc.
601-C East Palomar Street #123
Chula Vista, CA 91911
CSLB Number: #792729
Rogelio Medina Vazquez., an individual
and in his capacity as Responsible
Managing Officer of FAST DEMOLITION,
INC.
4/1/44 through 3/31/47
Decision LB5742
4/1/41 through 3/31/44
Decision LB5665
4/1/36 through 3/31/39
Decision LB5740
4/1/33 through 3/31/37
Decision LB5651
4/1/33 through 3/31/37
Decision LB5739
4/1/24 through 3/31/27
Decision LB5741
4/1/30 through 3/31/33
Decision LB5743
4/1/27 through 3/31/30
Decision LB5666
4/1/21 through 3/31/24
Decision LB5667
4/1/18 through 3/31/21
Decision LB5668
4/01/15 through 3/31/18
Decision LB5345
Amerivet Plumbing, Inc.; Walter
Edward Jacob Kuhlmann III,
Individually And dba Amerivet
Plumbing Services
CSLB Number: #969048 and #919761
8/6/15 through 8/5/18
Decision SC 5756
Ultimate Inc., And, Enrique Vera, an
Individual
PO Box 571117
12/1/15 through
11/30/18
Decision LB 5655 &
LBS659
Tarzana, CA 91356-1117
CSLB Number: #949229
Travioli Construction, Inc.

PO Box 231
Visalia, CA 93274
CSLB Number: #936832
9/11/15 through 3/10/17
Decision SC 5800
Integrity Sheet Metal, Inc.
319 McArthur Way
Upland, CA 91786
CSLB #726770
William Ben Hicks, an individual;
Margaret Mary Hicks, an individual
2/01/15 through 1/31/18
Decision LB 5596
L A Builders, Inc., a California
Corporation
15635 Saticoy Street, #H
Van Nuys, CA 91406
CSLB #748591
Alon Gamliel, an individual
2/01/15 through 1/31/18
Decision LB5 171
USA Wall Systems, Inc.
8309 Sunshine Lane
Riverside, CA 92508
CSLB #929610
Edward Eugene Brammer, an
individual
and in his capacity as
President/CEO/RMO
4/01/15 through 3/31/18
Decision LB 5323
Daughter Construction
formerly dba Hy Carpentry
Construction
15407 Thornlake Avenue
Norwalk, CA 90650
CSLB #979297
Sharon Jin Yoo, an individual;
Dae Hyun Yoo, an individual
and in his capacity as
manager/supervisor for Sharon Jin Yoo
4/01/15 through 3/31/18
Decision LB 5466, LB5467,
LB5468 & LB5520
and in his capacity as General Partner
for HY Construction, a General
Partnership.

RDA Construction, Inc.
1692 W. Bullard Ave.,
Fresno, CA 93711
CSLB# 383306
12/15/14 through
12/14/16
Decision 40-40508-522 &
44-40509-522
Titan Electrical Construction, Inc.

Lucas Oliver Stickney, an individual
Jamie Noel Furr, an individual
630 Natoma Street
San Francisco, CA 94103
CSLB# 919516
11/3/14 through 11/2/17
Decision SC 5539
Ramos Painting
Carlos Ray Ramos, an individual
P.O. Box 3871
Paso Robles, CA 93447
CSLB# 753575
11/3/14 through 11/2/15
Decision SC 5518
Dick Emard Electric.
dba Emard Electric Luke Richard Emard,
an individual and RMO
5930 Key Court, Suite A
Loomis, CA 95650
CSLB# 794007
11/3/14 thorough
11/2/17
Decision SC 5521
Nixon Electric
Gordon Fulton Nixon, an individual
5624 Faust Ave.

Woodland Hills, CA 91367
CSLB# 796802
8/1/14 through 7/31/17
Decision LB 4495
Neris General Contractors, a California
Corporation
Efren Neri, an individual
Servando Neri, an individual
Rebeca Neri, an individual
Luis Abelardo Castro, an individual
6087 California Ave.
2/28/14 through 2/27/17
Decision LB 4511, LB4512
& LB4521
Long Beach, CA 90805
CSLB# 797967
Southland Construction
Reza Mohammedi, an individual
3943 Irvine Blvd., #405, Irvine, CA 92602
CSLB# 663784 (expired)
10/14/14 through
10/13/17
Decision SAC 5492
National Drywall Corporation,
A Dissolved California Corporation
603 S. Milliken Avenue, Suite F
Ontario, CA 91761
CSLB #834335
Miguel Contreras, an Individual and
Responsible Managing
Officer/CEO/President
Dora Maria Contreras, an Individual
and
Agent/Officer of the Corporation
8/4/14 through 8/3/17
Decision SAC 5506
Tadros & Youssef Construction, Inc.

Kamel Shaker Tadros & Makram
Youssef Youssef, Individually
1221 E 8th Street, Unit A, Upland, CA
91786
CSLB# 698182 (expired)
5/10/14 through 5/9/17
Decision SAC 5308
Serenity Fire Protection
417 S. Associated Road, Brea, CA 92821
CSLB# 902927
5/1/14 through 4/30/17
Decision LB 4202
Don Kelly Construction , Inc.

Don Kelly, Individual and Lisa Kelly,
Individual
171 Northview Ridge Lane, P.O. Box
10760, Bozeman, MT 59719
3/25/14 through 3/24/17
Decision LB 4484
Aldan, Inc.

P.O. Box 9428, Brea, CA 92822
2/28/14 through 2/27/17
Decision LB5175
CSLB #949229
Russell/Thompson, Inc.

James Jean Russell & Valery Alena
Thompson, Individually
4684 Oak Glen Dr., Redding, CA 96001
CSLB# 915036 (revoked)
10/31/13 through
10/31/16
Decision SC 5309
Ayodejia A. Ogundare, Individual
Dba Pacific Engineering Company
6310 Stewart Way, Bakersfield, CA 93308
CLSB#710322
5/15/2013 through
5/15/2014
Decision SAC 1039
Wallcrete Industries, Inc.; Garit David
Wallace and Amber Anderson,
Individuals
400 Kansas, Redlands, CA 92373
CSLB#834220
7/29/12 through 7/28/15
Decision SAC 5175
FEI Enterprises, Inc
Gabriel Fedida, Individual
5749 Venice Blvd., Los Angeles, CA
90019
CSLB#659252
6/14/12 through 6/13/15
Decision SC 5198
Jeffrey Alan Mott and Michelle Mott,
individuals
Dda Integrity Landscape
3756 Independence Avenue
Sanger, CA 93637
CSLB#774222
3/29/12 through 3/28/15
Decision SC 5160
Jensen Drywall & Stucco
Jeffrey E. Jensen
3714 Lynda Place
National City, CA 91950-8121
CSB # 664168 Exp. 2/18/11 (expired)
3/31/11 through 3/30/13
Decision SC 5095
All West Construction, Inc.

Donald Kent Russell
495 N. Marks Ave.

Fresno, CA 93706
CSB # 592321 Exp. 4/3/12 (suspended)
3/31/11 through 3/30/13
Decision se 5013
Country Builders, Inc.

Weldon Offill, individually
5915 Graham Ct.

Livermore, CA 94550
CSB # 699574 Exp. 11/30/12 (active)
3/1/11 through 2/28/14
Decision SC 5053
Addendum SC 5053
Sutter Foam & Coating, Inc.
909 A. George Washington
Yuba City, CA 95993
CSB # 732014 Exp. 1/31/09 (inactive)
David Alvin Trexler, an individual
909 A. George Washington
Yuba City, CA 95993
Kenneth A. Trexler, an individual
2603 Lago Lane
Marysville, CA 95901
7/1/10 through 6/30/13
Decision SAC 5012
Soo Dong Kim, an individual,
dba Soo Kim Electric Company
16224 Ridgeview Lane
La Mirada, CA 90638
CSB # 568103 Exp. 8/1/09 (inactive)
Hyo Nam Jung, an individual,
dba Lucid Electric
18621 Well Street
Rowland Heights, CA 91748
CSB # 914692 Exp. 4/3/10
4/19/10 through 4/18/13
Decision SAC 1064
Southwest Grading,
dba Southwest Grading Services, Inc.,
22031 Waite Street
Wildomar, CA 92595
David Walter Cholewinski, an
individual
22031 Waite Street
Wildomar, A 92595
3/18/10 through 3/17/13
Decision SAC 1058
29970 Technology Drive, Ste. 205
Murrieta, CA 92563
CSB #840416 Exp. 6/30/10
S.J. Cimino Electric, Inc., a California
corporation,
3267 Dutton Ave.

Santa Rosa, CA 95404
Salvatore Joseph Cimino, RMO, CEO
and President of S.J. Cimino Electric,
Inc. and sole owner of S.J. Cimino
Electric, an individual
5825 Heights Rd.

Santa Rosa, CA 95401
CSB #343802 Exp. 2/28/10
CSB #294141 Exp. 9/30/13 (inactive)
10/15/09 through
10/14/12
Decision SAC 1052
Cedar Development Corporation
Serghon Gabriel Afram, individually
12477 Feather Dr
Mira Loma, CA 91752
CSB # 839898 Exp. 6/30/10 (suspended)
8/5/09 through 8/4/12
Decision SAC 1042
All Floors Commercial and Residential
Flooring, Inc.

Salvador Elias Perea, individually
750 E. McGlincy Lane, #103
Campbell, CA 95008
CSB #430969 Exp. 7/31/09
5/14/09 through 5/13/12
Decision SAC 1040
1-AMD Construction, Inc.

Alberto Mordoki, individually
Mirella Mordoki, individually
5300 Beach Blvd., Suite 110-416
Buena Park, CA 90621
CSB #787533, revoked
3/16/09 through 3/15/12
Decision SAC1037
Updated: May 2021
STPL 5343 – (017) – 2nd Street – Pedestrian & Landscaping Improvements On the westside from Harlow Ave. to California Ave. – Project Footprint Map 1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Patrick Jacobs, Interim Public Works Director
DATE: April 13, 2023
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2023-0047 approving an allocation of funds from the General Fund to consolidate the City’s intrusion alarm system and add two additional locations.

SUMMARY:

Currently the City’s burglar alarm system serves the following locations: City Hall, Water Well #6, Water Storage Tank, Veteran’s Hall & Council Chambers and Wastewater Treatment Plant.

The system is split between two vendors with different control panels, software packages, reporting protocols etc. There is also a need to add two additional locations to the system, the Police Evidence Storage Unit (Seatrain) and the Animal Shelter.

In accordance with Public Contract Code section 2.24.070 A, two quotes were obtained in lieu of bidding or issuing an RFP, to consolidate all existing locations to one system and add the new locations as follows:

Tel-Tec: $31,811.79 Installation
$490.00 Monthly Monitoring
Secure Systems: $9,400 Installation
$424.00 Monthly Monitoring
The current monthly monitoring service is $479.56 split between two vendors.

FINANCIAL IMPACT:
$9,400 to the General Fund with an annual reduced monitoring cost of $667.

RECOMMENDATION:

Staff recommends that the City Council approve the attached resolution No 2023-0047 approving an allocation of $9,400 from the General Fund to consolidate and add two new locations to the intrusion alarm system.
2 | Page
ATTACHMENTS:

Resolution 2023-0047
New Intrusion Alarm System, cost analysis

Page 1 of 2 ends

RESOLUTION NO. 2023-0047

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND,

AUTHORIZING USE OF GENERAL FUNDS TO CONSOLIDATE AND ADD TWO LOCATIONS TO THE CITY’S INTRUSION ALARM SYSTEM
WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2022/2023; and
WHEREAS, the current budget does not allocate funds to consolidate the various intrusion alarms into one system, and

WHEREAS, the current budget does not allocate funds to add two locations to the intrusion alarm system, and
WHEREAS, the total funds needed to consolidate the various intrusion alarms into one system and add two locations to the system is $9,400.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2) An additional $9,400 shall be allocated from the General Fund to consolidate the intrusion alarm system and add two locations.
3) The City Clerk shall certify to the passage and adoption of this resolution. 4) This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of City of McFarland on the 13th day of April of by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Page 2 of 2 ends

ATTEST:

Francisca Alvarado, City Clerk
CITY OF MCFARLAND:

Saul Ayon, Mayor
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein.

Francisca Alvarado, City Clerk
New Intrusion Alarm System
City Hall
Police Seatrain
Well #6
Animal Shelter
Storage Tank
Veterans Hall

LOCATION TEL-TEC SECURE SYSTEMS
Wastewater
Total Cost
Installation: $5,222.22
Monthly: $70.00
Installation: $3,312.12
Monthly: $70.00
Installation: $3,366.24
Monthly: $70.00
Installation: $6,610.96
Monthly: $70.00
Installation: $3,793.96
Monthly: $70.00
Installation: $5,423.75
Monthly: $70.00
Installation: $4,082.54
Monthly: $70.00
Installation: $31,811.79
Monthly Service: $490.00
Installation: $1,850.00
Monthly: $52.00
Installation: $1,000.00
Monthly: $52.00
Installation: $1,200.00
Monthly: $52.00
Installation: $1,400.00
Monthly: $52.00
Installation: $1,200.00
Monthly: $52.00
Installation: $2,650.00
Monthly: $43.00
Installation: $9,300.00
Monthly Service: $424.00
Installation: N/A
Monthly: $121.00

EXISTING ALARM
SYSTEM
Monthly: $89.64
Monthly: $89.64
Monthly: $89.64
Monthly: $89.64
N/A
N/A
Monthly: $121.00
Monthly Service: $479.56
1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams City Manager
DATE: April 6, 2023
SUBJECT: Report, Discuss, and Possible Approval of a request for funding and approval of the attached appropriations resolution to fund the remodel of the police department and city hall.

SUMMARY:

Staff believes there is a necessity to provide funding to improve the sanitary conditions, professionalism, and workflow within city hall and the police department.

The police department has significantly outgrown its workspace and although the city is in search of a new police department the current interior of the police department is in dire need of new carpet, cabinets, counters, flooring and lockers.

Recently the city has invested time in improving the interior space of the police department with new paint, bathroom lighting, kitchen sink and reorganizing the workspace. Despite these efforts, one of the chief complaints of officers is the unprofessional workspace in which they work.

Within city hall, there is a lack of workspace and storage, and staff believes it is necessary to provide additional cabinetry and counter space to increase storage and workspace. Currently there is no counter space, excluding individuals’ desk and therefore individuals with projects most often occupy the conference room with work items which sometime conflicts with meetings and other appointments.

In addition, city hall has no break area or kitchen space which often forces individuals to eat at their desk or occupy the conference room for their breaks and lunches. To exacerbate the issue, city hall employees use a mop sink or restroom sinks for washing dishes and other items, as there is no kitchen sink within city hall. This is extremely unsanitary and embarrassing for staff when visited by members of the public or others.

The remodel inside city hall will require a relocation of the city servers that services the city computers. These servers are currently located inside the room that will be designated as the new city hall breakroom. The relocation of the servers will be conducted by American Office Solutions. 2 | Page
Staff has sought out estimates to improve the works spaces of both the police department and city hall which will provide a more professional work area and provide a better workflow for both the police department personnel and city hall personnel.

The estimates from three different contractors as follows:
• Noble Constructions, Inc………………………………………….$48,035.00
• Ken W. Smith Construction Inc…………………………………..$44,634.00 • Triple A Construction……………………………………………. $31,532.27
The lowest estimate was provided by Triple A Construction.

American Office Solutions is currently under contract with the city and there estimated costs for their work on this project is as follows:…………………………………… $2342.27 Per City ordinance 2.24.070(B) the project was not put out for bid as the estimated cost is below $35,000.

FINANCIAL IMPACT:

The financial impact to the city for the remodel of both work areas is estimated to be $33,874.54 as indicated in the attached quotes by Triple A Construction and American Office solutions. There will be no impact to the general fund. $22,774.54 is requested from the General Government Impact Fees for the construction inside city hall. The current balance in that fund is over $300,000. $11,100.00 is requested from the Public Safety Impact Fees for the construction inside the police department. The current balance in that fund is over $247,000.

RECOMMENDATION:

Staff recommends City Council discuss and possibly approve the funding of the remodels for both the police department and city hall for the reasons indicated above in the amount of $33,874.54.

ATTACHMENT:

I. Noble Constructions, Inc………………………………………….$48,035.00
II. Ken W. Smith Construction Inc…………………………………..$44,634.00 III. Triple A Construction……………………………………………. $31,532.27 IV. American Office Solutions………………………………………….$2342.27
V. Resolution No. 2023-0048
RESOLUTION NO. 2023 – 0048

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND,

CALIFORNIA, AUTHORIZING

FUNDS FOR INFRASTRUCTURE IMPROVEMENTS
WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2022/2023; and
WHEREAS, the city of McFarland needs to improve the work space and unsanitary conditions inside of city hall and the police department; and WHEREAS, the interior of the police department is in dire need of new carpet, cabinets, counters, flooring, and lockers; and
WHEREAS, staff believes it is necessary to provide additional cabinetry and counter space for storage and workspace for projects inside city hall; and WHEREAS, city hall has no break room or kitchen space which often forces individuals to eat at their desk or occupy the conference room for their breaks and lunches; and WHEREAS, the total funds needed for this appropriation to fund the infrastructure improvements is estimated to be $33,874.54.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MCFARLAND as follows:

1. The foregoing recitals are true and correct and incorporated herein as if set forth in fill.

2. The City of McFarland (“City”) desires to allow for improvements within the police department consisting of carpet, cabinets, counters, and flooring; and

3. The City of McFarland desires to provide more storage and workspace within city hall to ensure a better workflow; and

4. The City of McFarland desires to have a counter with a kitchen sink within city hall to improve the sanitary conditions of city hall; and

5. The City of McFarland desires to have $22,774.54 transferred from the General Government Impact Fees for the construction inside city hall; and

6. The City of McFarland desires to have $11,100.00 transferred from the Public Safety Impact Fees for the construction inside the police department; and

7. The City of McFarland desires to have the total amount of the funds, allocated to the budget of the City’s general fund in the amount of $33,874.54.

8. The City of McFarland provides the city manager the Authority to execute any documents necessary to carry out the construction related to this project.

PASSED and ADOPTED on April 13, 2023.

Saul Ayon, Mayor
ATTEST:

Francisca Alvarado, City Clerk
APPROVED AS TO FORM:

Nathan M. Hodges, City Attorney

1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Patrick Jacobs, Interim Public Works Director
DATE: April 13, 2023
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2023-0049 approving an allocation of funds from the Gas Tax Fund to repair street potholes throughout the City of McFarland
SUMMARY:

Many of the roadways in the City of McFarland are in need of repair, primarily as it relates to numerous potholes. While the City recently purchased equipment enabling staff to repair potholes, staff vacancies have limited the amount of time that can be devoted to this effort. Additionally, recent rains have increased the rate of deterioration of the surface of the roads, increasing the number and size of potholes.

As such, on March15,2023 the City Manager authorized the emergency repair of street potholes through the utilization of outside contractors.

The scope of work includes cleaning targeted asphalt patch areas of loose rocks, dirt, and debris, applying SS-HI oil to accommodate adhesion of asphalt; import place and compact hot asphalt and fog seal the patched areas with SS-HI oil.

Two quotes were received based on a placement of 10 tons of asphalt per day as follows:

Advanced Concrete: $5,900/Day
Bowman Construction: $ 8,200/Day
Currently Advanced Concrete is working between rainstorms placing 10 tons of asphalt per day to repair potholes with a not to exceed total of $60,000.

City Ordinance 2.24.070 (F) provides for urgency purchases to preserve life, health or property which was approved by the city manager.

FINANCIAL IMPACT:
$29,500 to the Gas Tax Fund
2 | Page
RECOMMENDATION:

Staff recommends that the City Council approve the attached resolution No 2023-0049 approving an allocation of $60,000 from the Gas Tax Fund to pay for up to ten (10) days of pothole repair.

ATTACHMENTS:

Resolution 2023-0049
Advanced Concrete Quote
Bowman Construction Quote

Page 1 of 2 ends

RESOLUTION NO. 2023-0049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND,

AUTHORIZING USE OF GAS TAX FUNDS FOR THE REPAIR OF STREET POTHOLES

THROUGHOUT THE CITY OF MCFARLAND
WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2022/2023; and
WHEREAS, the current budget does not allocate fund for pothole repair on the McFarland City roads
WHEREAS, it has been determined that this project is exempt from the bidding requirement of the Public Contracts Code pursuant to City Ordinance Section 2.24.070 (F) as the emergency will not permit a delay resulting from a competitive solicitation for bids, and that this action is necessary to respond to the emergency; and
WHEREAS, the City Manager authorized an emergency repair of said potholes pursuant to the above cited Public Contracts Code section; and
WHEREAS, the total funds needed for this appropriation to fund repair of potholes throughout the City of McFarland is $60,000; and
WHEREAS, there are sufficient fund in the gas tax fund to support such an allocation NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2) An additional $60,000 shall be allocated to the budget line for streets from the City’s gas tax fund.
3) The City Clerk shall certify to the passage and adoption of this resolution. 4) This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of City of McFarland on the 13th day of April of by the following vote:

Page 2 of 2 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Francisca Alvarado, City Clerk
CITY OF MCFARLAND:

Francisca Alvarado, City Clerk
4208 Rosedale Highway Suite 302-403 – Bakersfield, Ca 93308 Bowman Construction LLC
Ron Bowman - [email protected]
Phone (661) 361-7640 cell line: 661 889-3878
LIC A 988135 DIR 1000848684
To: City of McFarland
Address: 401 W. Kern Ave., McFarland, CA 93250
Date: 3/13/2023
Contact: Patrick Jacobs
Phone: (661) 444-0813
Email: [email protected]
Project Name: Time and Material
Project Location: City Limits of McFarland
Bid Number: 23-89
Bid Date: 3/13/2023
We propose to complete the above scope of work in accordance with the specifications

Job Description:

Time and materials for Asphalt Patching of city streets on 8 hour per day basis (port to port).

Scope of Work:

Clean targeted asphalt patch areas of loose rocks, dirt and debris. Sweep and blow areas.

Apply SS-H1 oil to accommodate adhesion of asphalt. Import, place and compact new, hot, asphalt with steel wheel roller. Fog seal patched area with SS-H1 oil.

Asphalt Patching / Material , Crew and equipment:

Crew 5 man
10-Wheel Truck
Utility Truck with Blowers, Brooms and Compactor
Tack Tanker with SS-H1 oil
Roller
Trailer
Approx. - 10 Tons asphalt
Approx. - 75 Gallons of Tack Oil
If more materials are used then:
(1) each ton or portion thereof of asphalt, is charged at $93.50 per ton (2) each gallon or portion thereof of SS-H1 (tack oil), is charged at $6.60 per gallon

Exclusions:

Excludes traffic control.

Excluding any work other than described above.

Cannot guarantee proper drainage with 1.5% or less in grade fall.

Cannot guarantee existing cracks will reflex back through new overlay/patching due to condition of existing asphalt. Cannot guarantee crack fill adhesion to badly oil soaked or deteriorated areas.

Price per day:
$8,200.00
Bowman Construction LLC bears no responsibility whatsoever as to any repairs that are not specified on this bid; any unforeseen damage would need to be brought to the attention of the Contract Name (Customer) and a new bid if applicable would need to be provided and approved by both parties.

THIS CONTRACT SUPERCEDES ALL PREVIOUS WRITTEN OR ORAL AGREEMENTS. 4208 Rosedale Highway Suite 302-403 – Bakersfield, Ca 93308

Total Bid Price: To be determined
Print Name: _____________________________________________Owner/Property Management/Contractor/Customer.

Signature: _____________________________________________Date of Acceptance: ____________, 2023.

This Proposal is to be paid (30) days upon completion. Everything after (10) Ten days is late. A late payment penalty of 2% will then be applied on past due balances starting from date of invoice. If a lien .is recorded due to lack of payment all lien fees and BOWMAN CONSTRUCTION LLC administrative fees will be an additional charge.

NOTICE TO OWNER Under the California Mechanics Lien Law, any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his/her work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold by court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full if the subcontractor, laborers, or suppliers remain unpaid.

To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled "Preliminary Notice." Original (or prime) contractors and laborers for wages do not have to provide this notice. A Preliminary Notice is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid. (Generally, the maximum time allowed for filing a claim or lien against your property is ninety (90) days after completion of your project. Guarantee: There shall be a one (1) year guarantee on the material and all workmanship, except that as applied to cracks. The guarantee shall be limited to the replacement of the material and application of same. Any alteration or deviation from above specifications involving extra costs will be executed only upon a written change orders, and will become an additional charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond Bowman Construction’s control. Owner to carry fire, tornado, and other necessary insurance. 1018 W. Teapot Dome Ave., Ste. E
Porterville, CA. 93257
(559) 782-6322
Date: 3/13/23
TO: City of Mcfarland
Project: Misc. asphalt patch paving
Scope of work: Clean out pothole, apply SS1 tac-oil, place hot mix asphalt. Areas to patch to be per CIty of mcfarland representative.

Item # Description Quantity Unit Unit Price Total Price 1 1. Provide and install 10 ton of hot mix asphalt.

Includes mobilization, delivery of materials, SS1
tac oil, truck and tools,3 man crew, roller, tractor.

This includes 8hr day rate. $5,900 2. Any extra
tonnage that can be installed within this 8 hr day
rate is to be an extra charge of $95.00 per ton. 1 LS $5,900.00 Total $5,900.00
Total: $5,900
Addendums:

Notes:

Exclusions: 1. Permits, staking, testing & bonds.

2. Compaction testing

ADVANCED CONCRETE
License # 1085269
DIR # 1000043065
DBE # 46217
Project Proposal:

Terms & Conditions:

Sign:

Print:

Title / Company:

Date:

6. Advanced Concrete is a fully insured company; insurance documents are available upon request.

7. This document, when signed, is a legal and binding contract between Advanced Concrete and the subject property owner and is governed by the State of California including lien rights by all interested parties.

Authorization: A signature below acknowledges the completeness and accuracy of the above scope of work and agreement of the price and terms & conditions. This also acts as formal authorization to proceed.

1. All proposals include all labor, materials, & machinery necessary to complete the scope of work identified unless specifically listed.

2. All proposals are quoted exactly as written above and do not include any additional materials, labor, or construction efforts not specifically included in the scope of work. It is the responsibility of the owner or owners’ representative to confirm that this quote includes all work that is desired quoted.

3. All proposals are quoted using standard wage scale. Projects known to require state prevailing wages will be identified specifically in the scope of work.

4. All proposals are price guaranteed for 30 calendar days. Proposals whose date has expired are subject to price revision. Even proposals that are signed & authorized now and whose project start date is beyond the 30th day are subject to revision as well.

5. All payment terms are due in full upon completion unless otherwise agreed.

Sal Limon, Estimator
O: (559) 782-6322
C: (559) 202-9333
[email protected]
THANKS FOR THE OPPORTUNITY TO PROVIDE THIS PROPOSAL, PLEASE CALL WITH ANY QUESTIONS. 1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Patrick Jacobs, Interim Public Works Director
DATE: April 13, 2023
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2023-0050 approving an amendment to the professional services agreement with Quad Knopf Inc. for the McFarland Community Garden & Trail project, for labor compliance program services and extension of construction management services, and allocation of $38,378 from the General Fund for those services.

SUMMARY:

On December 10, 2015, the City of McFarland entered into a planning/design professional services agreement with Quad Knopf Inc. which ultimately resulted in a $1.8 million-dollar Urban Greening Grant, from the California Natural Resources Agency for the design and construction of the McFarland Community Garden & Trail project. One of the requirements of the grant is a Labor Compliance Program during construction of the project. Additionally, because of inclement weather and contractor delays, Quad Knopf’s construction management services fee has been exhausted, prior to the completion of construction. An amendment to Quad Knoph’s professional services agreement on a time and materials basis not to exceed $38,378.00 is required for Labor Compliance Monitoring and extended construction management services. Funding for these additional services will be from the General Fund.

FINANCIAL IMPACT:
$38,378 to the General Fund
RECOMMENDATION:

Staff recommends that the City Council approve the attached resolution No 2023-0050 approving an amendment to the Quad Knopf professional services agreement and an allocation of $38,387.00 from the General Fund for those services.

ATTACHMENTS:

Resolution 2023-0050
Quad Knopf Inc. Extra Work Authorization

Page 1 of 3 ends

RESOLUTION NO. 2023- 0050

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, APPROVING

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH QUAD KNOPF INC. FOR MCFARLAND COMMUNITY GARDEN & TRAIL PROJECT, AND

AUTHORIZING USE OF GENERAL FUNDS FOR THAT AMENDMENT
WHEREAS, the City of McFarland entered into an agreement with Quad Knopf Inc. for the design and construction management of the McFarland Community Garden & Trail project WHEREAS, a condition of the grant funding the construction of the project, requires a Labor Compliance Monitoring program
WHEREAS, inclement weather and contractor delays have extended the construction period of the project
WHEREAS, the City Council of the City of McFarland has approved a fiscal year budget for 2022/2023; and
WHEREAS, the current budget does not allocate funds for the Labor Compliance Monitoring program services and extended construction management on the McFarland Community Garden and Trail Project
WHEREAS, the total funds needed to provide Labor Compliance Monitoring Services and extended construction management is $38,378
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2) The City Council approves an amendment to the professional services agreement with Quad Knoph Inc. for the McFarland Community Garden & Trail project for Labor Compliance Monitoring program and extended construction services in the amount of $38,378 3) An additional $38,378 shall be allocated from the General Fund to provide Labor Compliance Monitoring program and extended construction management. 4) The City Clerk shall certify to the passage and adoption of this resolution. 5) This resolution is effective immediately.

Page 2 of 3 ends

PASSED AND ADOPTED at a regular meeting of the City Council of City of McFarland on the 13th day of April of by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Francisca Alvarado, City Clerk
CITY OF MCFARLAND:

Francisca Alvarado, City Clerk

Page 3 of 3 ends

March 9, 2023
Pat Jacobs
Interim Public Works Director
City of McFarland
401 West Kern Street
McFarland, CA 93250
Subject: Extra Work Authorization for Labor Compliance Program Services, and for extension of Construction Management Services, Community Garden Project, City of McFarland.

Dear Mr. Jacobs:

As discussed with you, we are modifying our December 22, 2022 request for extra work authorization. QK is pleased to present a proposal to the City of McFarland (Client) for Labor Compliance review services for the Community Garden and Trail project located at 201 Industrial Street in McFarland. We understand the funding on this project would allow QK to serve as an approved Third-Party Labor Compliance Program (LCP) provider by the State of California.

We are also requesting an additional budget for construction management services. The original time-and-materials budget will soon be expended, and we continue to oversee the contractor’s construction activities, and expect to need further funds to complete the work.

BACKGROUND
In our original proposal for construction management services, we had excluded labor compliance services at the City’s request. Subsequently, the City advised that the labor compliance review process needed to be conducted and requested QK provide services. Since construction is well underway, the focus of the effort will be to review existing certified payrolls to catch up on the project and conduct employee interviews on a going-forward basis. As new certified payrolls are submitted, QK will review and compile these for record purposes.

Construction Management services are provided on a time-and-materials basis based on an original 6-month project schedule, expected to be complete in December 2022. Contractor delays due to performance, procurement, and weather has extended the anticipated completion date into July 2023; the longest lead-time item is the power pedestal for the project which is expected in May, followed by installation and SCE power up. Extending the schedule requires additional management time and field services to monitor contractor progress. In addition, there were additional construction staking requests that QK provided under our CM budget, when the staking budget was exceeded. This includes $4,178.60 in restaking services provided to the Contractor at his request. Therefore, we are requesting additional budget for this completed work.

PROJECT UNDERSTANDING
Construction started in June 2022. Project construction is currently expected to be complete in July, 2023, due primarily to procurement delays. The original construction management budget was established on a 6-month construction duration. Our request for Extra Work Authorization is therefore based on an expect completion date of July 2023. We will use this information to provide a budget; however, If the construction timeline is lengthened, the fee will need be adjusted accordingly.

City of McFarland Page 2 of 4
March 9, 2023

APPROACH/SCOPE OF SERVICES
TASK 15.0 ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES
We estimate the budget needs to increase to complete the construction management and provide the project adequate coverage. This budget adjustment includes a T&M allowance for potential construction staking, if needed.

This accounts for the remaining existing budget, efforts already expended, and estimates of future work to complete the project.

TASK 17.0 LABOR COMPLIANCE SERVICES
Subtask 17.1 Review of Certified Payrolls
The General Contractor is required to submit Certified Payroll Reports (CPRs) for each week of the project for his company as well as for each subcontractor working on the project. These CPRs shall be submitted directly to the Labor Compliance Consultant. The CPRs will be reviewed for compliance with State and Federal Labor Law, including any apprentice requirements. Since the project is well underway, we will solicit copies of CPRs from the Contractor and review the backlog of CPRs, and then continue review of CPRs to the end of the project.

Subtask 17.2 On-Site Employee Interviews
QK will routinely visit the project site to interview the employees on the project. The interview is used to confirm that the employee is being paid the correct wage as well as benefits, and overtime when appropriate. A typical schedule includes one interview per trade, per contractor/subcontractor, per month, or attempted interviews if the contractor is scheduled to work.

TASK 18.0 OPTIONAL SERVICES FOR LABOR COMPLIANCE REPORTING The following tasks may be necessary to the completion of Labor Compliance monitoring. These tasks are contingent on factors outside the City’s or QK’s control and are listed as optional should future need arise for them.

Subtask 18.1 Letter of Discrepancy or Mistakes Found Upon Review of Certified Payroll Reports If a discrepancy is found in the Certified Payroll Reports, on behalf of the City of McFarland, the Labor Compliance Consultant will notify the General Contractor of the issue and allow him time to correct the discrepancy. Should the issue be corrected within the allotted time per State and Federal laws, the issue will be considered resolved. However, if the issue is not corrected, the Labor Compliance Consultant is required by law to notify the State Department of Industrial Relations or the U.S. Department of Labor of the discrepancy. The State or Federal Agency will then take necessary steps to have the matter corrected. This process is quite lengthy, and is usually unnecessary, but it is in place should there ever be a need.

Subtask 18.2 Inquiries from Labor Management Councils or Committees If a request is received from a joint labor-management council or committee or the Joint Enforcement Strike Force on the Underground Economy requesting redacted payrolls, the processing of these payrolls is lengthy and dependent on the complexity of the project. Costs associated with the time to process these requests will be based on hourly billing rates.

Subtask 18.3 Optional Services for Review of Certified Payroll Reports Upon approval of and on behalf of City of McFarland designated labor compliance contact person QK will prepare follow-up requests to contractors and provide support to address discrepancies, DIR, or outside stakeholder inquiries. This task and fee will be monitored closely and communicated with the City’s contact person when the task City of McFarland Page 3 of 4
March 9, 2023
is required to make additional outreach to the contractors for timely compliance documentation or to respond on behalf of the City.

SCHEDULE
QK will provide Labor Compliance Project services for the City of McFarland beginning with the Contractor’s Notice to Proceed date and continuing for 55 weeks (13 months). QK’s CM Services are expected to be complete in July 2023 (5 months). Should work at the site extend beyond the expected duration, QK will extend the services described below on a time and materials basis, upon your approval.

FEE ESTIMATE
Task Description Fee Type Fee Amount

15.0 Additional Construction Management
Services
Time &
Materials $18,718

17.0 Labor Compliance Services

17.1 Review of Certified Payrolls
Time &
Materials $17,160

17.2 On-site Employee Interviews Time &
Materials $2,500
Total Additional Fee $38,378

OPTIONAL SERVICES PERFORMED UPON REQUEST
Task Description Fee Type Fee Amount

18.0 Optional Services for Labor Compliance Reporting

18.1 Letter of Discrepancy or Mistakes Found Upon Review of Certified Payroll Reports Fixed Fee $200Per Letter

18.2 Inquiries from Labor Management Councils or
Committees
Time and
Materials Per Charge Rate Schedule

18.3 At the request of the City, provide support to address DIR or outside stakeholder inquiries.

Time and
Materials Per Charge Rate Schedule
Notes:

1. Expenses for reproduction, mailing, mileage, etc. are billed separately per our attached Charge Rate Schedule.

2. All time-and-materials fees will be invoiced monthly based on the level of effort in terms of hours relative to our Charge Rate Schedule.

3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the client to set expectations where applicable.

4. Tasks billed by fixed fees will be invoiced monthly based on the percentage of work completed.

5. Additional Services requested in writing and approved by the client will be provided on a time-and-materials basis.

6. Fees for field surveying activities are subject to the payment of Prevailing Wages for Kern County.

City of McFarland Page 4 of 4
March 9, 2023

AUTHORIZATION OF SERVICES
In order to authorize the services described herein, please sign the attached Contract Amendment and send it back to us. Typically, we can begin our services within 5 business days of the time authorization is received depending on client need and schedule constraints.

EXCLUSIONS AND ASSUMPTIONS

1. QK will provide the labor compliance services described herein for a 12-month period on a Time and Materials basis in accordance with this scope.

2. QK has an estimated duration of the project. If the construction timeline is lengthened, the fee will be adjusted accordingly.

If you have any questions or would like to discuss this proposal further, please contact Greg Thompson at 559 733- 0440. We look forward to working with you further on this important project.

Sincerely,
Greg Thompson, PE Monique Mello, PE
Senior Construction Manager Branch Manager - Visalia
Enclosures: Contract Amendment
Charge Rate Schedule
cc: Courtney Lee, QK
P220685
GT/MCM
P220685/150451.01 March 9, 2023
AMENDMENT NO. 6

TO ENGINEERING SERVICES AGREEMENT
BETWEEN CITY OF McFARLAND
AND QUAD KNOPF, INC.

THIS AMENDMENT to the Agreement between the City of McFarland (hereafter “Client”) and Quad Knopf, Inc. (hereafter “Consultant”) is made this _____ day of ________________, 2023:

WHEREAS, on December 10, 2015, Client and Consultant entered into a contract whereby Consultant would provide professional services for preparation of construction drawings for the McFarland Community Garden & Trail Project (hereafter “Project”), which was amended on September 12, 2018, September 12, 2019, August 12, 2020, October 22, 2020, and May 12, 2022; and
WHEREAS, Client requests Consultant provide Labor Compliance Program Services for the Project as described in the proposal dated March 9, 2023 attached hereto and incorporated herein.

NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:

1. That the original Contract is hereby amended to include the scope of services described in the attached March 9, 2023 proposal.

2. The services described herein will be provided for an estimated fee of $38,378.00, to be billed on a time and materials basis per the attached charge rate schedule.

EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between the City of McFarland and Quad Knopf, Inc. dated December 10, 2015 shall remain and continue in full force and effect.

QUAD KNOPF, INC. CITY OF MCFARLAND
By: By:

Amber Aguayo Name:

CFO/COO Title:

Charge Rate Schedule

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Larry A Ronk III, Community Development Director
Brianahi De Leon, City Planner
DATE: April 13, 2023
SUBJECT: Report, discussion, and Possible Adoption of a Resolution No. 2023-0051 to approve Temporary Use Permit 2023-0001 for Schoeppner Shows.

SUMMARY:

The Temporary Use Permit 2023-0001 is to allow for Schoeppner Shows to host a carnival on the 220 Browning Road Park. The property is currently used for various sporting events and is often rented out for family gatherings and will return to that use after the carnival timeframe. The Assessor’s Parcel Number (APN) is 201-130-09-3 & 201-130-10-1.

The proposed Temporary Use Permit is for Schoeppner Shows Carnival. The project site is located East of Browning Road and North of E Perkins Avenue. A letter was obtained from property owner, McFarland Recreation and Parks District, giving Schoeppner Shows permission to host the carnival on their property. The property is designated as R-4 residential. Per Ordinance No. 0008-2022, a carnival is permitted in any zone upon the granting of a Temporary Use Permit. The property is currently used for various sporting events and is often rented out for family gatherings and will return to that use after the carnival timeframe. The Temporary Use Permit will only be good for the use of Wednesday April 26, 2023 through Tuesday May 2, 2023. The hours of operation will be 2pm to 9:30pm. The expected number of attendees is 300 per day. Schoeppner Shows plans on having 9+ staff on the event and no animals will participate in the carnival. The event entails of carnival rides and games. Refer to the attached map for the site plan of the temporary event.

RECOMMENDATION:

Staff recommends approval of Resolution No. 2023-0051 APPROVING the recordation of Temporary Use Permit 2023-0001 for Schoeppner Shows.

ATTACHMENTS
Attachment 1 – Carnival Site Plan
Attachment 2 – Resolution NO. 2023-0051
Attachment 3 – Conditions of Approval
Attachment 1

RESOLUTION NO. 2023-0051

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

RECOMMENDING APPROVAL OF THE RECORDATION OF TEMPORARY USE PERMIT 2023-0001 FOR SCHOEPPNER SHOWS.

WHEREAS, Schoeppner Shows has filed an application for Temporary Use Permit to operate a proposed carnival.; and
WHEREAS, the project location is generally located East of Browning Road and North of E. Perkins Avenue and East of the railroad and hwy-99 referenced in exhibit B; and WHEREAS, the project site is located on Assessor’s Parcel Number 201-130-09-3 & 201-130-10-1; and
WHEREAS, letter was obtained from property owner, McFarland Recreation and Park District, giving Schoeppner Shows permission to host carnival on the property; and WHEREAS, it has been determined that Temporary Use Permit 2023-0001 is exempt from the California Environmental Quality Act (CEQA) per Section 15304(e) the Minor Alterations to the Land; and
WHEREAS, the City Council, through its clerk, did set Thursday, April 13, 2023, at the hour of 6:00 p.m. in the Council Chambers located at 103 W. Sherwood Ave, McFarland California as the time and place for approval of the recordation of Resolution No. 2023-0051 and Temporary Use Permit 2023-0001; and
WHEREAS, the City Council considered all written and oral testimony on Temporary Use permit 2023-0001; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct.
2) The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(e) the Minor Alterations to the Land. a. The Temporary Use Permit granted shall be subject to conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is located.
b. The granting of the Temporary Use Permit will not be detrimental to the public health, safety, convenience, and welfare or injurious to property improvements in the vicinity where the property is located.
c. The Temporary Use Permit does not allow a use or activity which is not expressly authorized by the regulations governing the subject parcel. The proposed Carnival is allowed if granted along with a business license, Temporary Use Permit, and any other conditions applied by the City of McFarland.
3) Temporary Use Permit 2023-0001 is consistent with the goals and policies of the City of McFarland General Plan and with the uses, density, and intensity standards of the General Plan land use designation.
4) Temporary Use Permit 2023-0001 is hereby approved, subject to the conditions in exhibit C.
5) Temporary Use Permit 2023-0001 will not be detrimental to the health, safety and welfare of the citizens of McFarland.
6) Any decision by the city Council shall be final unless within fifteen (15) days of the date of the decision unless the applicant or any other person appeals the City Council decision in the matter set forth in Section 17.148.100(b) of the McFarland Municipal Code.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 13th day of April, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Francisca Alvarado, City Clerk
CITY OF MCFARLAND:

Francisca Alvarado, City Clerk
Exhibits:

A. Vicinity Map
B. Aerial Photograph
C. Conditions of Approval

ATTACHMENT A
Vicinity Map

ATTACHMENT B
Aerial photograph

ATTACHMENT C
Conditions of approval
PART A – PROJECT INFORMATION

1. Assessor’s Parcel Number 201-130-09-3 & 201-130-10-1

2. Job Address: Browning Road

3. Existing General Plan: Park

4. Existing Zoning: R-1 / Park

5. Project Description: Allow for the operation of Schoeppner Shows Carnival at the property located above.

PART B – CONDITIONS OF APPROVAL
The conditions of approval are based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety and welfare of the community, and recommended conditions for development that are not essential to the health, safety and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment.

Conditions of approval may be appealed within fifteen (15) calendar days from the date of the approval. However conditions based on the City of McFarland Municipal Code are mandatory and may be modified by variance, provided findings pursuant to the McFarland Municipal Code Section 17.148 can be made. Should an appeal of a mandatory condition of approval be received, an application for a variance and the associated fee must be submitted for consideration.

GENERAL CONDITIONS AND REQUIREMENTS
1) No uses of land, buildings, or structures other than those specifically approved pursuant to this special permit or previously approved permits shall be submitted. 2) Prior to the start of operation, the applicant shall provide the City of McFarland with an approved Kern County Health Permit.
3) Any proposed changes to the operation of the proposed business shall require review by the City of McFarland City Council.
4) Carnival shall be required to have trash cans throughout the site. 5) The project is currently used for sporting events and family gatherings and will return to that use.
6) Th carnival shall only have business hours from 8 am to 10 pm. 7) The carnival shall commence operations no sooner than Thursday April 28, 2023 and shall cease operations through Sunday April 30, 2023.
8) The carnival will use April 26, 2023 for set up and May 1, 2023 for tear down. 9) The expected number of attendees is 300.
10) A public restroom shall be provided to the employees of the carnival. 11) Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
12) Use shall not create or cause vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances. 13) No business license shall be issued until a Temporary Use Permit is obtained, pursuant to the municipal code.
14) Business license is required upon permit approval.
15) A Temporary Use Permit is not transferable.
16) If the carnival is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of the Temporary Use Permit.
17) Parking for event shall not cause traffic congestion along Browning Road and E. Perkins Avenue.
18) Security shall be on-site at all times of operation. 19) Any land that is utilized for the event shall be cleaned after event. 20) Traffic control will be enforced to ensure traffic flow is consistent.

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Larry A Ronk III, Community Development Director
Brianahi De Leon, City Planner
DATE: April 13, 2023
SUBJECT: Report, discussion, and Possible Adoption of Resolution No. 2023-0052 to approve Temporary Use Permit 2023-0002 for the McFarland Festival Committee.

SUMMARY:

The Temporary Use Permit 2023-0002 is to allow for the McFarland Festival Committee to host a Cinco de Mayo Festival on the 220 Browning Road Park. The property is currently used for various sporting events and is often rented out for family gatherings and will return to that use after the festival timeframe. The Assessor’s Parcel Number (APN) is 201-130-09-3 & 201-130- 10-1.

The proposed Temporary Use Permit is for the McFarland Festival Committee. The project site is located East of Browning Road and North of E Perkins Avenue. A letter was obtained from property owner, McFarland Recreation and Parks District, giving the McFarland Festival Committee permission to host the festival on their property. The property is designated as R-4 residential. Per Ordinance No. 0008-2022, a festival is permitted in any zone upon the granting of a Temporary Use Permit. The Temporary Use Permit will only be good for the use of Friday April 28, 2023, through Sunday April 30, 2023. The hours of operation will be 4 pm to 10 pm on April 28 and 29 and then 8 am to 10 pm on April 30, 2023. The Cinco de Mayo festival is an annual occurrence that has been in existence at the City for 15 years. This event, every year, gathers large numbers of attendees and therefore conditions will be added to the TUP to ensure safety and control of the event. The McFarland Festival Committee plans on having staff assigned to the event. The event entails a carnival, decorating contest, parade, Cinco de Mayo Queen and court, along with music, food, and dancing. Refer to the attached map for the site plan of the temporary event.

RECOMMENDATION:

Staff recommends approval of Resolution No. 2023-0052 APPROVING the recordation of Temporary Use Permit 2023-0002.

FISCAL IMPACT
TUP application fees will bring revenue.

ATTACHMENTS
Attachment 1 – Carnival Site Plan
Attachment 2 – Resolution
Attachment 1

RESOLUTION NO. 2023-0052

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

RECOMMENDING APPROVAL OF THE RECORDATION OF TEMPORARY USE PERMIT 2023-0002 CINCO DE MAYO FESTIVAL.

WHEREAS, McFarland Festival Committee has filed an application for Temporary Use Permit to operate a proposed Cinco de Mayo Festival.; and WHEREAS, the project location is generally located East of Browning Road and North of E. Perkins Avenue and East of the railroad and hwy-99 referenced in exhibit B; and WHEREAS, the project site is located on Assessor’s Parcel Number 201-130-09-3 & 201-130-10-1; and
WHEREAS, letter was obtained from property owner, McFarland Recreation and Park District, giving McFarland Festival Committee permission to host the festival on the property; and
WHEREAS, it has been determined that Temporary Use Permit 2023-0002 is exempt from the California Environmental Quality Act (CEQA) per Section 15304(e) the Minor Alterations to the Land; and
WHEREAS, the City Council, through its clerk, did set Thursday, April 13, 2023, at the hour of 6:00 p.m. in the Council Chambers located at 103 W. Sherwood Ave, McFarland California as the time and place for approval of the recordation of Resolution No. 2023-0052 and Temporary Use Permit 2023-0002; and
WHEREAS, the City Council considered all written and oral testimony on Temporary Use permit 2023-0002; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct.
2) The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304(e) the Minor Alterations to the Land. a. The Temporary Use Permit granted shall be subject to conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the zone in which the subject property is located.
b. The granting of the Temporary Use Permit will not be detrimental to the public health, safety, convenience, and welfare or injurious to property improvements in the vicinity where the property is located.
c. The Temporary Use Permit does not allow a use or activity which is not expressly authorized by the regulations governing the subject parcel. The proposed Carnival is allowed if granted along with a business license, Temporary Use Permit, and any other conditions applied by the City of McFarland.
3) Temporary Use Permit 2023-0002 is consistent with the goals and policies of the City of McFarland General Plan and with the uses, density, and intensity standards of the General Plan land use designation.
4) Temporary Use Permit 2023-0002 is hereby approved, subject to the conditions in exhibit C.
5) Temporary Use Permit 2023-0002 will not be detrimental to the health, safety and welfare of the citizens of McFarland.
6) Any decision by the city Council shall be final unless within fifteen (15) days of the date of the decision unless the applicant or any other person appeals the City Council decision in the matter set forth in Section 17.148.100(b) of the McFarland Municipal Code.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on the 13th day of April, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Francisca Alvarado, City Clerk
CITY OF MCFARLAND:

Francisca Alvarado, City Clerk
Exhibits:

A. Vicinity Map
B. Aerial Photograph
C. Conditions of Approval

ATTACHMENT A
Vicinity Map

ATTACHMENT B
Aerial photograph

ATTACHMENT C
Conditions of approval
PART A – PROJECT INFORMATION

1. Assessor’s Parcel Number 201-130-09-3 & 201-130-10-1

2. Job Address: Browning Road

3. Existing General Plan: Park

4. Existing Zoning: R-1 / Park

5. Project Description: Allow for the operation of the McFarland Festival Committee’s Cinco de Mayo festival at the property located above.

Conditions of approval may be appealed within fifteen (15) calendar days from the date of the approval. However, conditions based on the City of McFarland Municipal Code are mandatory and may be modified by variance, provided findings pursuant to the McFarland Municipal Code Section 17.148 can be made. Should an appeal of a mandatory condition of approval be received, an application for a variance and the associated fee must be submitted for consideration.

GENERAL CONDITIONS AND REQUIREMENTS
1) No uses of land, buildings, or structures other than those specifically approved pursuant to this special permit or previously approved permits shall be submitted. 2) Prior to the start of operation, the applicant shall provide the City of McFarland with an approved Kern County Health Permit.
3) Any proposed changes to the operation of the proposed business shall require review by the City of McFarland City Council.
4) Festival shall be required to have trash cans throughout the site. 5) The project is currently used for sporting events and family gatherings and will return to that use.
6) The festival shall only operate from 4 pm to 10 pm on April 28th and April 29th. Hours of operation for April 30th will be from 8 am to 10 pm.
7) The festival shall commence operations no sooner than Thursday April 28, 2023 and shall cease operations through Sunday April 30, 2023.
8) A public restroom shall be provided to the employees of the festival. 9) Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises.
10) Use shall not create or cause vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, or electrical interference or other hazards or nuisances. 11) No business license shall be issued until a Temporary Use Permit is obtained, pursuant to the municipal code.
12) Business license is required upon permit approval.
13) A Temporary Use Permit is not transferable.
14) If the festival is to be conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to the submittal of the Temporary Use Permit.
15) Parking for event shall not cause traffic congestion along Browning Road and E. Perkins Avenue.
16) Security shall be on-site at all times of operation. 17) Any land that is utilized for the event shall be cleaned after event. 18) (3) City public works staff is to be assigned for 4 hours each to block and unblock roads during the parade. 12 hours at $16.68/hour at a total of $300.24 19) Traffic control will be enforced to ensure traffic flow is consistent. 20) No permit for the vending or serving of alcohol was applied for therefore no alcohol shall be consumed, sold, or served on the premises.
21) Each food vendor or “pop-up” vendor shall apply for a one-day business license permit with the City Clerk upon approval of TUP.
22) A Temporary Food Facility Permit issued by the Kern County Public Health Services Department is required if food is to be sold at the event.

CITY OF MCFARLAND
Staff Report
TO: Honorable Mayor and Council Members
FROM: Kenny Williams, City Manager
Larry A Ronk III, Community Development Director
DATE: April 13, 2023
SUBJECT: Report, Discuss, and Possible Approval of Resolution No. 2023-0053 Approving First Amendment of Reimbursement Agreement with Shafter Medical Plaza LLC.

SUMMARY:

The City Council approved a Reimbursement Agreement with Shafter Medical Plaza LLC to construct a road widening project in front of the City Sump on Elmo Hwy. The original project required additional work and an inflation of material cost has occurred. The project required relocation of communication conduit, removal of fence post and fence curb, and also inflation in cost of material. The Developer has presented the cost change and additional work to the city for additional funding to complete the funding. This quote of the additional work is included in Exhibit A of the amendment which totals in the amount of $47,551.94. This additional work is required to complete the project.

This project is to widen the road at the Elmo Sump to provide a straight curb and gutter on Elmo Hwy. This development of a Medical Facility created a potential indention on Elmo Hwy and this project is to eliminate this indent and create a safer route and proper storm drain flow.

RECOMMENDATION:

Staff recommends City Council approve Resolution No. 2023-0053 approving the amendment to the reimbursement agreement Shafter Medical Plaza LLC approved by City Attorney and authorize Mayor to execute agreement.

FISCAL IMPACT:
$47,551.94 – Traffic Impact Fees
ATTACHMENTS:

Resolution No. 2023-0053
Amendment Agreement

Page 1 of 4 ends

FIRST AMENDMENT TO AGREEMENT
RE: GENERAL PLAN ELEMENTS

FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (the “Amendment”) is made on the 13 day of April 13, 2023, by and between the CITY OF MCFARLAND, a municipal corporation (the "City") and SHAFTER MEDICAL PLAZA LLC, a California partnership, (the "Developer"). City and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties” RECITALS:

WHEREAS, the Parties have entered into an agreement on April 14th, 2022 to construct Development Impact Fee (“DIF”) improvements; and WHEREAS, since the approval of this agreement, cost of material have risen due to inflation and change orders; and
WHEREAS, the agreement cost does not cover the inflated cost which totals in an increase of 47,551.94; and
WHEREAS, this additional cost and work is necessary for the work to be completed.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Recitals. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. Amendment to Agreement.
a. Exhibit “E”, Section 4 of the Reimbursement Agreement is hereby amended to state the following language: “The DIF Reimbursement shall be in an amount of not exceeding One Hundred Twenty Five Thousand Eight Hundred Thirty Five and Twenty Cents ($125,835.20) (“DIF Reimbursement Amount”).”
b. Exhibit “E” of the Agreement is hereby amended by adding the following exhibit “A” to DIF Improvements.

3. Incorporation of Amendment: Re-affirmation of Agreement. The Parties agree this Amendment is hereby incorporated into and made a part of the Agreement for all effects and purposes. The Parties further agree that except as amended by this Amendment, the Agreement and all of its terms and conditions remain in full force and effect and such terms and conditions are legally binding upon the Parties hereto 2 and thereto. The undersigned adopt, ratify, and confirm the Agreement and all of its terms and provisions are in effect.

4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same document.

5. Successors and Assigns. This Amendment shall bind and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject, however, to the provisions of the Agreement.

6. Governing Law. This Amendment is governed by the laws of the State of California

7. Authority to Execute Agreement. Each Party warrants and represents to each other that the person(s) whose signature appears below their respective name is duly authorized and has full authority to execute this Amendment on behalf of the entity appearing above such signatures.

8. Joint Drafting. City and Developer each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

CITY: DEVELOPER:

City of McFarland Shafter Medical Plaza LLC, a
California partnership
By: By:

Saul Ayon,
Mayor Name:

Title:

ATTEST
By:

Francisca Alvarado, City Clerk
3 APPROVED AS TO FORM
By:

Nathan M. Hodges,
City Attorney
4 EXHIBIT "A"
[ADDITIONAL IMPROVEMENT SERVICES]

RESOLUTION NO. 2023-0053

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND

APPROVING FIRST AMENDMENT TO THE DEVELOPMENT IMPACT FEE

CREDIT AGREEMENT FOR ELMO HWY MEDICAL PLAZA AND ALLOCATION OF

ADDITONAL FUNDS FROM THE GENERAL FUND
WHEREAS, Shafter Medical Plaza, LLC (“Developer”) and City of McFarland (“City”) have an agreement for impact fee credit agreement for road construction in front of the City’s Elmo Sump; and
WHEREAS, Due to the cost of material inflation, there has been an increase of funds to complete the work agreed within the original agreement; and WHEREAS, CITY will need to allocation an additional amount of funds of $47,551.94; and
WHEREAS, The first amendment to agreement captures necessary amendments to contract to include the additional cost; and
WHEREAS, These cost will be paid for with traffic impact fees; and WHEREAS, the City Council received both written and oral testimony of the Amendment Reimbursement Agreement on April 13th, 2023; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:
1) The foregoing recitals are true and correct.
2) The First Amendment to the Reimbursement Agreement is in the best interest of the City. 3) An allocation of 47,551.94 will be allocated to the General Fund for Capital Improvement Project.
4) All additional cost by developer to install will be credited or reimbursed with development impact fees pursuant to the agreement.
5) The City Manager is hereby authorized and directed to utilize funds to complete this amendment to the agreement.
6) The Mayor is authorized to signed Amendment to the Agreement. 7) The City Clerk shall certify to the passage and adoption of this resolution. 8) This resolution is effective immediately.

I hereby certify that the foregoing is a full, true and correct copy of the resolution of the City Council of the City of McFarland at a meeting held on Thursday, April 13, 2023, moved by Councilmember __________________and seconded by Councilmember ___________________, duly adopted and passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
________________________ Saul Ayon, Mayor
Francisca Alvarado, City Clerk
Attachments:

First Amendment to the Reimbursement Agreement
1 | Page

CITY OF MCFARLAND

STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Kenny Williams, City Manager
DATE: April 13, 2023
SUBJECT: Report, Discussion, and Appointment of Councilmembers on Subcommittees and Special District Committees.

SUMMARY:

Many elected bodies divide into subcommittees to study specific matters impacting their communities. Subcommittees can facilitate the decision-making process on critical items and preform the following functions:
• Clearly define the mission before creating a subcommittee. • Set deadlines for reports.
• Monitor assignments to check on progress.
• Rotate membership periodically.
• Keep nonmembers informed of meetings and action.
• Monitor the amount of staff effort required.
• Review the list of subcommittees annually and delete those that are no longer necessary.

FINANCIAL IMPACT:

None
RECOMMENDATION:

Staff recommends the City Council review and update the Subcommittee List.

ATTACHMENT:

Attachment 1- Subcommittee List

SUBCOMMITTEES AND SPECIAL DISTRICT COMMITTEES
REVISED and APPROVED: February 09, 2023

1. Kern Council of Governments (KCOG)
Primary: Mayor Saul Ayon - Alternate: Vice Mayor Ricardo Cano

2. Kern Economic Development Corp. (KEDC)
Primary: Mayor Saul Ayon - Alternate: Vice Mayor Ricardo Cano

3. San Joaquin Valley Air Pollution Control District (SJV) Primary: Councilmember Amador Ayon - Alternate: Councilmember Anita Gonzalez

4. Delano Mosquito Abatement District (DMAD)
Vice Mayor Ricardo Cano

5. Poso Creek (IRWMP)
Councilmember Anita Gonzalez

6. Kern Local Agency Formation Commission (LAFCO)
Mayor Saul Ayon

7. Public Policy and Finance Committee
Mayor Saul Ayon, & Councilmember Anita Gonzalez

8. Public Safety Committee
Mayor Saul Ayon & Vice Mayor Ricardo Cano

9. Quality of Life Committee
Councilmember Anita Gonzalez, & Councilmember Amador Ayon

10. Ad Hoc Committee
Mayor Saul Ayon & Vice Mayor Ricardo Cano

11. Cannabis Committee
Vice Mayor Ricardo Cano & Councilmember Maria Pérez

McFarland City CouncilApril 13, 2023

McFarland City Council
April 13, 2023