McFarland City Council
August 22, 2024

MCFARLAND CITY COUNCIL
McFarland Successor Agency, McFarland Public Finance Authority, McFarland Improvement Authority, McFarland Parking Authority Regular Meeting Notice and Agenda
Council Chambers
103 W. Sherwood Ave, Mcfarland, CA
Website: https://www.mcfarlandcity.org/
Thursday, August 22, 2024
6:00 PM
SAUL AYON, Mayor
RICARDO CANO, Vice Mayor
AMADOR AYON, Council Member
ANITA GONZALEZ, Council Member
MARIA T. PEREZ, Council Member
VIEW THE MEETING RECORDINGS ONLINE at www.mcfarlandcity.org/AgendaCenterRecordings will be available approximately one week following the meeting.

HOW TO SUBMIT PUBLIC COMMENTS: The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the city on any item listed on the agenda, or on any non-listed matter over which the city has jurisdiction. At special or emergency meetings, members of the public may only address the city on items listed on the agenda. There is a time limitation of two minutes per person. For any item that is not on the agenda and within the jurisdiction or interest of the city, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the mayor opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff, and the media.

Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.

PUBLIC ACCOMMODATIONS: The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting.

INTERPRETATION: If you need an interpretation of your communications to the City Council into English, please contact the City Clerk Department at 661-792-3091 ext. 2135 at least 48 hours prior to the meeting.

CALL TO ORDER: Mayor Saul Ayon

ROLL CALL:

Mayor/Chair, Saul Ayon
Vice Mayor/Vice-Chair, Ricardo Cano
Council Member/Board Member, Amador Ayon
Council Member/Board Member, Anita Gonzalez
Council Member/Board Member, Maria T. Pérez
INVOCATION:

PLEDGE OF ALLEGIANCE
FEATURED PET:

Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter.

PRESENTATIONS, INTRODUCTIONS AND AWARDS
PUBLIC COMMENT: The public may address the Council/Board Member on items, which do not appear on the agenda. Council/Board Members may respond briefly to statements made or questions posed. They may ask a question for clarification; may refer the item to staff for further study or for placement on a future agenda. Speakers are limited to two minutes for each person.

Please state your name and address for the record prior to making a presentation. Fifteen minutes total will be allowed for any one subject.

COUNCIL COMMENTS

DEPARTMENTAL REPORTS
CONSENT AGENDA: The Consent Agenda consists of items that in staff’s opinion are routine and non-controversial. These items are approved in one motion unless a Council Member/ Board Member or Member from the Public requests to remove a particular item.

1. Approval of Expense Report in the Amount of $203,957.39 from 7/27/2024 to 8/9/2024.

2. Approval of August 8, 2024 Regular Meeting Minutes

3. Approve Ordinance 11-2024, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING CHAPTER 5.04 OF THE MCFARLAND MUNICIPAL CODE

RELATING TO BUSINESS LICENSES

4. Approval of Resolution No. 2024-655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING ADDENDUM NO. 1 TO THE EMPLOYMENT

AGREEMENT WITH KENNY WILLIAMS FOR AN ADDITIONAL SIX MONTHS

5. Approval of Resolution No. 2024-99 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND ACCEPTING THE QUOTE FROM WILSCOT FOR THE

PURCHASE OF AN OFFICE TRAILER FOR FACILITY NEEDS AND AUTHORIZING A CAPITAL IMPROVEMENT PROJECT PURCHASE IN THE AMOUNT OF $31,241.49.

PUBLIC HEARINGS

ADMINISTRATIVE AGENDA

6. Approval of Resolution No. 2024-96 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND RATIFYING THE DECISION TO PROCEED WITH AN URGENCY

PURCHASE OF TWO HIDROSTAL SUBMERSIVE PUMPS TO COMPLETE THE SAN

JUAN LIFT STATION PUMP PROJECT AND APPROVING AN ADDITIONAL

APPROPRIATION TO THE WASTEWATER FUND

7. Approval of Resolution No. 2024-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ACCEPTING THE BID SUBMITTED BY TALLEY OIL, INC. FOR

THE STREET REJUVENATION AND SLURRY SEAL PROJECT AT VARIOUS LOCATIONS IN THE AMOUNT OF $277,115.50, AUTHORIZING THE CITY MANAGER

TO SIGN AND EXECUTE THE CONSTRUCTION AGREEMENT, AND APPROVING AN APPROPRIATION OF $157,526.50 TO THE GENERAL FUND

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Kern Council of Governments (KCOG)
b. Kern Local Agency Formation Commission (LAFCO)
COUNCIL STATEMENTS AND REPORTS:

On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. In addition, Council Members may ask a question of staff or the public for clarification on any matter, provide a reference to staff or other resources for information. Alternatively, request staff to report to the City Council at a later meeting concerning any matter. Furthermore, the City Council, or any member thereof, may take action to direct staff to place a matter of business on a future agenda.

CLOSED SESSION

ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on August 19, 2024.

Erika De La Cruz, City Clerk
Diego Viramontes, City Manager
Next Meeting: Regular City Council September 11, 2024.

The City of McFarland does not discriminate based on disability and complies with the provisions of the Americans with Disabilities Act (ADA). If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (661) 792-3091 at least 48 hours prior to the meeting to make reasonable arrangements to ensure accessibility to this meeting. Special meeting needs hour change
All agenda item and/or supporting documentation is available for public review on the city website at www.mcfarlandcity.org and the office of the City Clerk of the City of McFarland, at 401 W, Kern Ave.

McFarland, CA 93250 during regular business hours of 8:00 am – 5:00 pm Monday through Friday, following the posting of the agenda. Any supporting documentation related to an agenda item for an open session of any regular meeting that is distributed after the agenda is posted and prior to the meeting will also be available for review at the same location and available at the meeting.

12941 Melcher Road, McFarland, CA. 93250 Phone: (661) 792-2121 MCFARLAND POLICE DEPARTMENT. 401 WEST KERN AVENUE, MCFARLAND, CA 93250 (661) 792-2121 MCFARLAND POLICE DEPARTMENT: ANIMAL CONTROL OFFICE

KENNEL IDENTIFICATION CARD
Intake ID: 221219-0001
Breed: Pit Mix
Color: Black/Brown
Sex: Male
Age: 2-3 yrs
Weight: 50 lbs.

Chip/Tag: None
Collar Type: None
Arrival Date: 12/22/2022
Arrival Reason: Abandoned
Brought in by: ACO Rivera
Status: Available
Location of
Impound:

Abandoned at
Shelter
Available Date: 12/22/2022
DAPP Vaccine: 12/19/2022
Stickers Here:

SEAN
NOTES: Sean is a very playful dog. He
has a lot of energy and loves to play with
water. He is leash friendly and is
looking for a forever home.

Panacur: 12/20, 12/21, 12/22

8/15/2024 8:19:27 AM Page 1 of 15
Expense Approval Report
City of McFarland, CA By Vendor Name
Payment Dates 7/27/2024 - 8/9/2024
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADLERHORST INT. - ADLERHORST INTERNATIONAL LLC
ADLERHORST INTERNATIONAL…Inv. 121596 07/07/2024 Inv. 121596 - K9 Monthly Off-S…01-150-56000-0000-1 292.00 ADLERHORST INTERNATIONAL…Inv. 121730 08/07/2024 Inv. 121730 - K9 Monthly Off-S…01-150-56000-0000-1 292.00 Vendor ADLERHORST INT. - ADLERHORST INTERNATIONAL LLC Total: 584.00 Vendor: Advanced Data Storag - Advanced Data Storage, Inc.

Advanced Data Storage, Inc. Inv. 0187755 08/07/2024 Inv. 0187755 Service Console … 01-150-52200-0000-1 41.40 Vendor Advanced Data Storag - Advanced Data Storage, Inc. Total: 41.40 Vendor: American Fidelity - American Fidelity
American Fidelity INV0027722 08/08/2024 American Fidelity Accident 1 01-22800-0000-1 19.34 American Fidelity INV0027723 08/08/2024 Life 1 01-22900-0000-1 9.81 American Fidelity INV0027724 08/08/2024 American Fidelity - Disability I…01-22700-0000-1 148.58 American Fidelity INV0027725 08/08/2024 Life 1 01-22900-0000-1 35.07 American Fidelity INV0027726 08/08/2024 Life 2 01-22900-0000-1 24.00 American Fidelity INV0027743 08/08/2024 Cancer 1 American Fidelity 01-22950-0000-1 13.53 American Fidelity INV0027761 08/08/2024 American Fidelity Accident 2* …30-22800-0000-1 27.45 American Fidelity INV0027761 08/08/2024 American Fidelity Accident 2* …34-22800-0000-1 15.41 American Fidelity INV0027762 08/08/2024 Life 1 34-22900-0000-1 9.81 American Fidelity INV0027763 08/08/2024 American Fidelity - Disability I…01-22700-0000-1 23.92 American Fidelity INV0027763 08/08/2024 American Fidelity - Disability I…30-22700-0000-1 35.69 American Fidelity INV0027763 08/08/2024 American Fidelity - Disability I…31-22700-0000-1 11.65 American Fidelity INV0027763 08/08/2024 American Fidelity - Disability I…32-22700-0000-1 14.32 American Fidelity INV0027763 08/08/2024 American Fidelity - Disability I…34-22700-0000-1 30.76 American Fidelity INV0027764 08/08/2024 Health FSA 01-22600-0000-1 19.23 American Fidelity INV0027765 08/08/2024 Life 1 01-22900-0000-1 21.03 American Fidelity INV0027765 08/08/2024 Life 1 20-22900-0000-1 6.33 American Fidelity INV0027765 08/08/2024 Life 1 30-22900-0000-1 35.79 American Fidelity INV0027765 08/08/2024 Life 1 31-22900-0000-1 8.10 American Fidelity INV0027765 08/08/2024 Life 1 32-22900-0000-1 9.01 American Fidelity INV0027765 08/08/2024 Life 1 34-22900-0000-1 34.33 American Fidelity INV0027766 08/08/2024 Life 2 34-22900-0000-1 13.85 American Fidelity INV0027778 08/08/2024 Cancer 1 American Fidelity 34-22950-0000-1 8.12 American Fidelity INV0027779 08/08/2024 Cancer 2* - American Fidelity … 34-22950-0000-1 16.65 Vendor American Fidelity - American Fidelity Total: 591.78 Vendor: Auto Zone - Auto Zone
Auto Zone INV 6270924005 07/31/2024 INV 6270924005 Washer Fluid…01-160-56600-0000-1 43.46 Auto Zone Inv. 6270908793 07/31/2024 Inv. 6270908793 Vehicle Main…01-150-56600-0000-1 32.98 Auto Zone INV.#6270913187 07/31/2024 INV.#6270913187 30-500-56600-0000-1 69.47 Auto Zone INV#6270915175 08/07/2024 INV#6270915175 32-510-56400-0000-1 8.56 Auto Zone INV#6270923869 08/07/2024 INV#6270923869 32-510-57400-0000-1 22.98 Auto Zone INV#6270928068 08/07/2024 INV#6270928068 34-520-56600-0000-1 60.88 Vendor Auto Zone - Auto Zone Total: 238.33
Vendor: CORD100 - Axel Cordova
Axel Cordova INV0027792 07/07/2024 Reimbursement Axel Cordova… 32-510-53250-0000-1 114.95 Axel Cordova INV0027791 08/07/2024 Reimbursement Axel Cordova… 32-510-53200-0000-1 83.08 Vendor CORD100 - Axel Cordova Total: 198.03
Vendor: Bakersfield Well - Bakersfield Well
Bakersfield Well INV#RB 24227 07/07/2024 INV#RB 24227 32-510-56400-0000-1 700.00 Vendor Bakersfield Well - Bakersfield Well Total: 700.00 Vendor: Berchtold Equipment - Berchtold Equipment
Berchtold Equipment INV P25860 07/31/2024 INV P25860 Streets Dept. Hea… 01-180-56430-0000-1 181.00 Berchtold Equipment INV W09767 07/31/2024 INV W09767 Repair Kubota 01-180-56410-0000-1 574.39

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 2 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Berchtold Equipment INV W09767 07/31/2024 INV W09767 Repair Kubota 32-510-56410-0000-1 574.39 Vendor Berchtold Equipment - Berchtold Equipment Total: 1,329.78 Vendor: BHT Engineering, Inc - BHT Engineering, Inc.

BHT Engineering, Inc. INV 24-144 07/31/2024 INV 24-144 Job #24602 Cliff A… 25-000-52960-2402-1 9,710.00 BHT Engineering, Inc. INV 24-145 07/31/2024 INV 24-145 5th St. W. Sherw… 25-000-52960-2403-1 10,485.00 BHT Engineering, Inc. INV 24-146 07/31/2024 INV 24-146 Job #24604 San Lu…25-000-52960-2507-1 9,975.00 BHT Engineering, Inc. INV 24-231 07/31/2024 INV 24-231 Job #24602 Cliff A… 25-000-52960-2402-1 1,810.00 BHT Engineering, Inc. INV 24-232 07/31/2024 INV 24-232 Job #24603 5th. St.…25-000-52960-2403-1 6,767.50 BHT Engineering, Inc. INV 24-233 07/31/2024 INV 24-233 San Lucas E. Sher… 25-000-52960-2403-1 6,922.50 BHT Engineering, Inc. INV 24-235 07/31/2024 INV 24-235 2024 QAP Update 01-140-56000-0000-1 1,600.00 BHT Engineering, Inc. INV#24-138 07/31/2024 INV#24-138 25-000-52960-8290-1 612.50 BHT Engineering, Inc. INV#24-139 07/31/2024 INV#24-139 25-000-52960-8280-1 495.00 BHT Engineering, Inc. INV#24-140 07/31/2024 INV#24-140 25-000-52960-2303-1 150.00 BHT Engineering, Inc. INV#24-140 07/31/2024 INV#24-140 25-000-52960-2304-1 150.00 BHT Engineering, Inc. INV#24-140 07/31/2024 INV#24-140 25-000-52960-2305-1 150.00 BHT Engineering, Inc. INV#24-141 07/31/2024 INV#24-141 25-000-52960-8280-1 292.50 BHT Engineering, Inc. INV#24-230 07/31/2024 INV#24-230 25-000-52960-8290-1 142.50 BHT Engineering, Inc. Inv No 24-174 07/07/2024 Inv No 24-174 - PM APN 060-… 01-140-56000-0000-1 462.50 BHT Engineering, Inc. Inv No 24-237 07/07/2024 Inv No 24-237 - Tract 7393 Ph …01-140-56000-8472-1 995.00 Vendor BHT Engineering, Inc - BHT Engineering, Inc. Total: 50,720.00 Vendor: BRIANKNOX - Brian Knox
Brian Knox 2024 Tuition Reimbursement 2 07/31/2024 2024 Tuition Reimbursement 01-150-55150-0000-1 2,000.00 Vendor BRIANKNOX - Brian Knox Total: 2,000.00
Vendor: BSK ASSOCIATES - BSK ASSOCIATES
BSK ASSOCIATES INV AH16706 07/31/2024 INV AH16706 Quanti-Tray 51 … 32-510-58200-0000-1 190.00 BSK ASSOCIATES INV AH16707 07/31/2024 INV AH16707 Quanti-Tray Coli…32-510-58200-0000-1 130.00 BSK ASSOCIATES INV AH16853 07/31/2024 INV AH16853 Arsenic EPA TCP…32-510-58200-0000-1 821.68 BSK ASSOCIATES INV AH17504 07/31/2024 INV AH17504 Coliform Presen… 32-510-58200-0000-1 170.65 BSK ASSOCIATES INV AH17524 07/31/2024 INV AH17524 Nitrate-N TCP 32-510-58200-0000-1 385.00 BSK ASSOCIATES INV AH17537 07/31/2024 INV AH17537 Arsenic, CA DW … 32-510-58200-0000-1 190.00 BSK ASSOCIATES INV AH17571 07/31/2024 INV AH17571 BOD TSS 30-500-58200-0000-1 150.00 BSK ASSOCIATES INV AH18137 07/31/2024 INV AH18137 Quanti-Tray 51 … 32-510-58200-0000-1 130.00 Vendor BSK ASSOCIATES - BSK ASSOCIATES Total: 2,167.33
Vendor: CA Department of Jus - CA Department of Justice CA Department of Justice Inv. 748421 07/31/2024 Inv. 748421 Live Scan - Admin…01-110-56000-0000-1 32.00 CA Department of Justice Inv. 748421 07/31/2024 Inv. 748421 Live Scan - Finan… 01-115-56000-0000-1 32.00 CA Department of Justice Inv. 748421 07/31/2024 Inv. 748421 Live Scan - Mobile…01-130-56000-0000-1 32.00 CA Department of Justice Inv. 748421 07/31/2024 Inv. 748421 Live Scan - Com… 01-140-52200-0000-1 32.00 CA Department of Justice Inv. 748421 07/31/2024 Inv. 748421 Live Scan - PD 01-150-56000-0000-1 51.00 Vendor CA Department of Jus - CA Department of Justice Total: 179.00 Vendor: Cannon - Cannon Corporation
Cannon Corporation INV 89000 07/31/2024 INV 89000 Sewer Master Plan 30-500-56000-7820-1 4,923.50 Cannon Corporation INV 89106 07/31/2024 INV 89106 SCADA Professiona…30-500-56000-7820-1 2,107.50 Cannon Corporation Inv No 88554 07/07/2024 Inv No 88554 - Tract 7394 Se… 01-140-56000-8472-1 540.75 Vendor Cannon - Cannon Corporation Total: 7,571.75
Vendor: Cintas - Cintas Corporation No.3
Cintas Corporation No.3 INV#4199431691 07/31/2024 INV#4199431691 01-180-51800-0000-1 114.74 Cintas Corporation No.3 INV#4199431691 07/31/2024 INV#4199431691 20-200-51800-0000-1 39.72 Cintas Corporation No.3 INV#4199431691 07/31/2024 INV#4199431691 30-500-51800-0000-1 124.49 Cintas Corporation No.3 INV#4199431691 07/31/2024 INV#4199431691 32-510-51800-0000-1 79.09 Cintas Corporation No.3 INV 4200140750 08/07/2024 INV 4200140750 Cintas 01-180-51800-0000-1 98.90 Cintas Corporation No.3 INV 4200140750 08/07/2024 INV 4200140750 Cintas 20-200-51800-0000-1 23.88 Cintas Corporation No.3 INV 4200140750 08/07/2024 INV 4200140750 Cintas 30-500-51800-0000-1 127.16 Cintas Corporation No.3 INV 4200140750 08/07/2024 INV 4200140750 Cintas 32-510-51800-0000-1 69.77 Vendor Cintas - Cintas Corporation No.3 Total: 677.75
Vendor: Core & Main LP - Core & Main LP
Core & Main LP INV#V219097 07/31/2024 INV#V219097 32-510-57400-0000-1 380.83 Vendor Core & Main LP - Core & Main LP Total: 380.83

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 3 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: KCPW - County of Kern Public Works
County of Kern Public Works TCK# 91889798 07/31/2024 TCK# 91889798 32-510-52200-0000-1 28.14 Vendor KCPW - County of Kern Public Works Total: 28.14
Vendor: Data Ticket, Inc - Data Ticket, Inc
Data Ticket, Inc Inv. 167157 07/31/2024 Inv. 167157 - Citation Processi…01-155-56000-0000-1 100.00 Vendor Data Ticket, Inc - Data Ticket, Inc Total: 100.00 Vendor: DC Frost - DC Frost Associates, Inc
DC Frost Associates, Inc INV 44133 07/31/2024 INV 44133 Lagoon #1 Manifold…30-500-52910-2527-1 12,078.60 Vendor DC Frost - DC Frost Associates, Inc Total: 12,078.60 Vendor: Delano Propane - Delano Propane
Delano Propane INV#07.18.24 07/31/2024 INV#07.18.24 01-180-56500-0000-1 145.57 Vendor Delano Propane - Delano Propane Total: 145.57
Vendor: EDD - EDD
EDD INV0027717 08/08/2024 State Income Tax Withholding 01-22200-0000-1 18.21 EDD INV0027717 08/08/2024 State Income Tax Withholding 30-22200-0000-1 27.32 EDD INV0027717 08/08/2024 State Income Tax Withholding 31-22200-0000-1 18.21 EDD INV0027717 08/08/2024 State Income Tax Withholding 32-22200-0000-1 27.32 EDD INV0027718 08/08/2024 SDI - State Disability Insurance 01-22200-0000-1 5.94 EDD INV0027718 08/08/2024 SDI - State Disability Insurance 30-22200-0000-1 8.91 EDD INV0027718 08/08/2024 SDI - State Disability Insurance 31-22200-0000-1 5.94 EDD INV0027718 08/08/2024 SDI - State Disability Insurance 32-22200-0000-1 8.91 EDD INV0027746 08/08/2024 State Income Tax Withholding 01-22200-0000-1 2,444.83 EDD INV0027746 08/08/2024 State Income Tax Withholding 30-22200-0000-1 6.95 EDD INV0027746 08/08/2024 State Income Tax Withholding 32-22200-0000-1 6.96 EDD INV0027747 08/08/2024 SDI - State Disability Insurance 01-22200-0000-1 784.39 EDD INV0027747 08/08/2024 SDI - State Disability Insurance 30-22200-0000-1 1.91 EDD INV0027747 08/08/2024 SDI - State Disability Insurance 32-22200-0000-1 1.89 EDD INV0027748 08/08/2024 State Unemployment Insuran… 01-22250-0000-1 160.54 EDD INV0027749 08/08/2024 Employment Training Tax 01-22275-0000-1 3.41 EDD INV0027752 08/08/2024 State Income Tax Withholding 01-22200-0000-1 1.45 EDD INV0027752 08/08/2024 State Income Tax Withholding 30-22200-0000-1 2.18 EDD INV0027752 08/08/2024 State Income Tax Withholding 31-22200-0000-1 1.45 EDD INV0027752 08/08/2024 State Income Tax Withholding 32-22200-0000-1 2.18 EDD INV0027753 08/08/2024 SDI - State Disability Insurance 01-22200-0000-1 3.30 EDD INV0027753 08/08/2024 SDI - State Disability Insurance 30-22200-0000-1 4.95 EDD INV0027753 08/08/2024 SDI - State Disability Insurance 31-22200-0000-1 3.30 EDD INV0027753 08/08/2024 SDI - State Disability Insurance 32-22200-0000-1 4.95 EDD INV0027756 08/08/2024 SDI - State Disability Insurance 20-22200-0000-1 8.22 EDD INV0027783 08/08/2024 State Income Tax Withholding 01-22200-0000-1 926.33 EDD INV0027783 08/08/2024 State Income Tax Withholding 20-22200-0000-1 34.72 EDD INV0027783 08/08/2024 State Income Tax Withholding 30-22200-0000-1 574.70 EDD INV0027783 08/08/2024 State Income Tax Withholding 31-22200-0000-1 240.73 EDD INV0027783 08/08/2024 State Income Tax Withholding 32-22200-0000-1 389.25 EDD INV0027783 08/08/2024 State Income Tax Withholding 34-22200-0000-1 25.68 EDD INV0027784 08/08/2024 SDI - State Disability Insurance 01-22200-0000-1 382.37 EDD INV0027784 08/08/2024 SDI - State Disability Insurance 20-22200-0000-1 44.43 EDD INV0027784 08/08/2024 SDI - State Disability Insurance 30-22200-0000-1 229.23 EDD INV0027784 08/08/2024 SDI - State Disability Insurance 31-22200-0000-1 85.10 EDD INV0027784 08/08/2024 SDI - State Disability Insurance 32-22200-0000-1 227.36 EDD INV0027784 08/08/2024 SDI - State Disability Insurance 34-22200-0000-1 19.87 EDD INV0027785 08/08/2024 State Unemployment Insuran… 01-22250-0000-1 209.71 EDD INV0027785 08/08/2024 State Unemployment Insuran… 20-22250-0000-1 21.63 EDD INV0027785 08/08/2024 State Unemployment Insuran… 30-22250-0000-1 10.12 EDD INV0027785 08/08/2024 State Unemployment Insuran… 31-22250-0000-1 10.12 EDD INV0027785 08/08/2024 State Unemployment Insuran… 32-22250-0000-1 73.50 EDD INV0027786 08/08/2024 Employment Training Tax 01-22275-0000-1 4.46 EDD INV0027786 08/08/2024 Employment Training Tax 20-22275-0000-1 0.46 EDD INV0027786 08/08/2024 Employment Training Tax 30-22275-0000-1 0.22 EDD INV0027786 08/08/2024 Employment Training Tax 31-22275-0000-1 0.22

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 4 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount EDD INV0027786 08/08/2024 Employment Training Tax 32-22275-0000-1 1.56 Vendor EDD - EDD Total: 7,075.39
Vendor: EFTPS - Electronic Federal Tax Payment System
Electronic Federal Tax Paymen…INV0027716 08/08/2024 Social Security 01-22100-0000-1 66.96 Electronic Federal Tax Paymen…INV0027716 08/08/2024 Social Security 30-22100-0000-1 100.44 Electronic Federal Tax Paymen…INV0027716 08/08/2024 Social Security 31-22100-0000-1 66.96 Electronic Federal Tax Paymen…INV0027716 08/08/2024 Social Security 32-22100-0000-1 100.44 Electronic Federal Tax Paymen…INV0027719 08/08/2024 Medicare 01-22150-0000-1 15.66 Electronic Federal Tax Paymen…INV0027719 08/08/2024 Medicare 30-22150-0000-1 23.50 Electronic Federal Tax Paymen…INV0027719 08/08/2024 Medicare 31-22150-0000-1 15.66 Electronic Federal Tax Paymen…INV0027719 08/08/2024 Medicare 32-22150-0000-1 23.48 Electronic Federal Tax Paymen…INV0027744 08/08/2024 Federal Income Tax Withholdi… 01-22050-0000-1 5,967.85 Electronic Federal Tax Paymen…INV0027744 08/08/2024 Federal Income Tax Withholdi… 30-22050-0000-1 16.84 Electronic Federal Tax Paymen…INV0027744 08/08/2024 Federal Income Tax Withholdi… 32-22050-0000-1 16.81 Electronic Federal Tax Paymen…INV0027745 08/08/2024 Social Security 01-22100-0000-1 8,966.56 Electronic Federal Tax Paymen…INV0027745 08/08/2024 Social Security 30-22100-0000-1 21.42 Electronic Federal Tax Paymen…INV0027745 08/08/2024 Social Security 32-22100-0000-1 21.42 Electronic Federal Tax Paymen…INV0027750 08/08/2024 Medicare 01-22150-0000-1 2,097.00 Electronic Federal Tax Paymen…INV0027750 08/08/2024 Medicare 30-22150-0000-1 5.02 Electronic Federal Tax Paymen…INV0027750 08/08/2024 Medicare 32-22150-0000-1 5.00 Electronic Federal Tax Paymen…INV0027751 08/08/2024 Social Security 01-22100-0000-1 37.20 Electronic Federal Tax Paymen…INV0027751 08/08/2024 Social Security 30-22100-0000-1 55.80 Electronic Federal Tax Paymen…INV0027751 08/08/2024 Social Security 31-22100-0000-1 37.20 Electronic Federal Tax Paymen…INV0027751 08/08/2024 Social Security 32-22100-0000-1 55.80 Electronic Federal Tax Paymen…INV0027754 08/08/2024 Medicare 01-22150-0000-1 8.70 Electronic Federal Tax Paymen…INV0027754 08/08/2024 Medicare 30-22150-0000-1 13.06 Electronic Federal Tax Paymen…INV0027754 08/08/2024 Medicare 31-22150-0000-1 8.70 Electronic Federal Tax Paymen…INV0027754 08/08/2024 Medicare 32-22150-0000-1 13.04 Electronic Federal Tax Paymen…INV0027755 08/08/2024 Social Security 20-22100-0000-1 92.70 Electronic Federal Tax Paymen…INV0027757 08/08/2024 Medicare 20-22150-0000-1 21.68 Electronic Federal Tax Paymen…INV0027781 08/08/2024 Federal Income Tax Withholdi… 01-22050-0000-1 2,101.86 Electronic Federal Tax Paymen…INV0027781 08/08/2024 Federal Income Tax Withholdi… 20-22050-0000-1 113.42 Electronic Federal Tax Paymen…INV0027781 08/08/2024 Federal Income Tax Withholdi… 30-22050-0000-1 946.48 Electronic Federal Tax Paymen…INV0027781 08/08/2024 Federal Income Tax Withholdi… 31-22050-0000-1 367.61 Electronic Federal Tax Paymen…INV0027781 08/08/2024 Federal Income Tax Withholdi… 32-22050-0000-1 707.73 Electronic Federal Tax Paymen…INV0027781 08/08/2024 Federal Income Tax Withholdi… 34-22050-0000-1 116.73 Electronic Federal Tax Paymen…INV0027782 08/08/2024 Social Security 01-22100-0000-1 4,310.48 Electronic Federal Tax Paymen…INV0027782 08/08/2024 Social Security 20-22100-0000-1 500.92 Electronic Federal Tax Paymen…INV0027782 08/08/2024 Social Security 30-22100-0000-1 2,583.92 Electronic Federal Tax Paymen…INV0027782 08/08/2024 Social Security 31-22100-0000-1 959.22 Electronic Federal Tax Paymen…INV0027782 08/08/2024 Social Security 32-22100-0000-1 2,563.24 Electronic Federal Tax Paymen…INV0027782 08/08/2024 Social Security 34-22100-0000-1 223.96 Electronic Federal Tax Paymen…INV0027787 08/08/2024 Medicare 01-22150-0000-1 1,008.14 Electronic Federal Tax Paymen…INV0027787 08/08/2024 Medicare 20-22150-0000-1 117.14 Electronic Federal Tax Paymen…INV0027787 08/08/2024 Medicare 30-22150-0000-1 604.30 Electronic Federal Tax Paymen…INV0027787 08/08/2024 Medicare 31-22150-0000-1 224.34 Electronic Federal Tax Paymen…INV0027787 08/08/2024 Medicare 32-22150-0000-1 599.42 Electronic Federal Tax Paymen…INV0027787 08/08/2024 Medicare 34-22150-0000-1 52.38 Vendor EFTPS - Electronic Federal Tax Payment System Total: 35,976.19 Vendor: EWING - Ewing Irrigation Products Inc.

Ewing Irrigation Products Inc. INV#012982033 07/31/2024 INV#012982033 32-510-56410-0000-1 166.49 Ewing Irrigation Products Inc. INV 22881141 08/07/2024 INV 22881141 LLMD Operatin… 20-200-57400-0000-1 442.15 Ewing Irrigation Products Inc. INV#013238243 08/07/2024 INV#013238243 20-200-57400-0000-1 296.11 Vendor EWING - Ewing Irrigation Products Inc. Total: 904.75 Vendor: Franchise Tax - Franchise Tax
Franchise Tax INV0027662 07/25/2024 FTB: 2112029048 32-22350-0000-1 392.21 Franchise Tax INV0027780 08/08/2024 FTB: 2112029048 32-22350-0000-1 195.01 Franchise Tax INV0027794 08/08/2024 FTB: 2112029048 32-22350-0000-1 0.33 Vendor Franchise Tax - Franchise Tax Total: 587.55

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 5 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Frontier - Frontier California Inc.

Frontier California Inc. Frontier July 24 66179234370… 07/31/2024 Frontier July 24 66179234370… 01-185-57800-0000-1 100.01 Vendor Frontier - Frontier California Inc. Total: 100.01 Vendor: Grainger - Grainger
Grainger INV 9185520476 07/31/2024 INV 9185520476 WWTP Air Cu…30-500-56400-0000-1 1,303.54 Vendor Grainger - Grainger Total: 1,303.54
Vendor: Granite Auto Parts I - Granite Auto Parts Inc
Granite Auto Parts Inc INV 846162 07/31/2024 INV 846162 Well Maintenance…32-510-56410-0000-1 1,060.83 Granite Auto Parts Inc INV 846441 07/31/2024 INV 846441 Community Cente…01-185-57400-0000-1 40.07 Granite Auto Parts Inc INV 846450 07/31/2024 INV 846450 Veterans Hall Ope…01-185-57400-0000-1 5.07 Granite Auto Parts Inc INV# 846280 07/31/2024 INV# 846280 30-500-57400-0000-1 549.89 Granite Auto Parts Inc INV#846220 07/31/2024 INV#846220 01-180-56600-0000-1 31.37 Granite Auto Parts Inc INV 846314 08/07/2024 INV 846314 LLMD Vehicle Mai…20-200-57400-0000-1 33.55 Granite Auto Parts Inc INV 846575 08/07/2024 INV 846575 LLMD Operating S…20-200-57400-0000-1 87.12 Granite Auto Parts Inc INV#846421 08/07/2024 INV#846421 32-510-57400-0000-1 219.16 Granite Auto Parts Inc INV#846593 08/07/2024 INV#846593 32-510-57400-0000-1 63.84 Granite Auto Parts Inc INV#846633 08/07/2024 INV#846633 32-510-57400-0000-1 28.12 Vendor Granite Auto Parts I - Granite Auto Parts Inc Total: 2,119.02 Vendor: Gregs Petroleum - Gregs Petroleum
Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-105-54000-0000-1 2.46 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-110-54000-0000-1 12.57 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-111-54000-0000-1 2.46 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-115-54000-0000-1 2.46 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-140-54000-0000-1 3.76 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-150-54000-0000-1 942.31 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-155-54000-0000-1 37.70 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-160-54000-0000-1 12.57 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-165-54000-0000-1 18.78 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-175-54000-0000-1 1.30 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 01-180-54000-0000-1 150.67 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 20-200-54000-0000-1 50.27 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 30-500-54000-0000-1 94.19 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 32-510-54000-0000-1 37.70 Gregs Petroleum Fuel INV 467234 07/31/2024 Fuel INV 467234 7/17/24 34-520-54000-0000-1 75.41 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-105-54000-0000-1 2.76 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-110-54000-0000-1 14.15 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-111-54000-0000-1 2.76 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-115-54000-0000-1 2.76 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-140-54000-0000-1 4.23 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-150-54000-0000-1 1,060.63 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-155-54000-0000-1 42.44 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-160-54000-0000-1 14.15 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-165-54000-0000-1 21.14 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-175-54000-0000-1 1.46 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 01-180-54000-0000-1 169.59 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 20-200-54000-0000-1 56.58 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 30-500-54000-0000-1 106.01 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 32-510-54000-0000-1 42.44 Gregs Petroleum Fuel INV 468101 07/31/2024 Fuel INV 468101 7/20/24 34-520-54000-0000-1 84.88 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-105-54000-0000-1 2.49 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-110-54000-0000-1 12.72 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-111-54000-0000-1 2.49 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-115-54000-0000-1 2.49 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-140-54000-0000-1 3.80 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-150-54000-0000-1 953.91 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-155-54000-0000-1 38.17 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-160-54000-0000-1 12.72 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-165-54000-0000-1 19.01 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-175-54000-0000-1 1.32

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 6 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 01-180-54000-0000-1 152.53 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 20-200-54000-0000-1 50.89 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 30-500-54000-0000-1 95.35 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 32-510-54000-0000-1 38.17 Gregs Petroleum Fuel INV 468637 07/31/2024 Fuel INV 468637 7/24/24 34-520-54000-0000-1 76.34 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-105-54000-0000-1 2.37 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-110-54000-0000-1 12.11 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-111-54000-0000-1 2.37 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-115-54000-0000-1 2.37 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-140-54000-0000-1 3.62 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-150-54000-0000-1 907.79 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-155-54000-0000-1 36.32 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-160-54000-0000-1 12.11 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-165-54000-0000-1 18.09 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-175-54000-0000-1 1.25 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 01-180-54000-0000-1 145.15 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 20-200-54000-0000-1 48.43 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 30-500-54000-0000-1 90.74 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 32-510-54000-0000-1 36.32 Gregs Petroleum Fuel INV 469674 7/27/24 07/31/2024 Fuel INV 469674 7/27/24 34-520-54000-0000-1 72.65 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-105-54000-0000-1 0.24 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-110-54000-0000-1 1.23 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-111-54000-0000-1 0.25 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-115-54000-0000-1 0.24 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-140-54000-0000-1 0.37 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-150-54000-0000-1 92.33 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-155-54000-0000-1 3.70 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-160-54000-0000-1 1.23 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-165-54000-0000-1 1.84 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-175-54000-0000-1 0.13 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 01-180-54000-0000-1 14.77 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 20-200-54000-0000-1 4.93 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 30-500-54000-0000-1 9.23 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 32-510-54000-0000-1 3.70 Gregs Petroleum Fuel INV 469831 7/15/24 07/31/2024 Fuel INV 469831 7/15/24 34-520-54000-0000-1 7.39 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-105-54000-0000-1 3.38 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-110-54000-0000-1 17.32 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-111-54000-0000-1 3.38 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-115-54000-0000-1 3.38 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-140-54000-0000-1 5.18 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-150-54000-0000-1 1,298.34 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-155-54000-0000-1 51.95 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-160-54000-0000-1 17.32 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-165-54000-0000-1 25.88 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-175-54000-0000-1 1.79 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 01-180-54000-0000-1 207.60 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 20-200-54000-0000-1 69.27 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 30-500-54000-0000-1 129.78 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 32-510-54000-0000-1 51.95 Gregs Petroleum Fuel INV 470408 7/16/24 07/31/2024 Fuel INV 470408 7/16/24 34-520-54000-0000-1 103.90 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-105-54000-0000-1 2.49 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-110-54000-0000-1 12.74 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-111-54000-0000-1 2.49 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-115-54000-0000-1 2.49 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-140-54000-0000-1 3.81 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-150-54000-0000-1 954.88 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-155-54000-0000-1 38.21 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-160-54000-0000-1 12.74 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-165-54000-0000-1 19.03 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-175-54000-0000-1 1.32

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 7 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 01-180-54000-0000-1 152.68 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 20-200-54000-0000-1 50.94 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 30-500-54000-0000-1 95.45 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 32-510-54000-0000-1 38.21 Gregs Petroleum Fuel INV 471249 7/19/24 07/31/2024 Fuel INV 471249 7/19/24 34-520-54000-0000-1 76.42 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-105-54000-0000-1 3.49 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-110-54000-0000-1 17.85 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-111-54000-0000-1 3.49 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-115-54000-0000-1 3.49 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-140-54000-0000-1 5.33 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-150-54000-0000-1 1,338.17 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-155-54000-0000-1 53.54 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-160-54000-0000-1 17.85 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-165-54000-0000-1 26.67 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-175-54000-0000-1 1.85 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 01-180-54000-0000-1 213.97 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 20-200-54000-0000-1 71.39 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 30-500-54000-0000-1 133.76 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 32-510-54000-0000-1 53.54 Gregs Petroleum Fuel INV 471538 7/23/24 07/31/2024 Fuel INV 471538 7/23/24 34-520-54000-0000-1 107.09 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-105-54000-0000-1 1.62 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-110-54000-0000-1 8.30 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-111-54000-0000-1 1.62 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-115-54000-0000-1 1.62 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-140-54000-0000-1 2.48 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-150-54000-0000-1 622.35 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-155-54000-0000-1 24.90 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-160-54000-0000-1 8.30 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-165-54000-0000-1 12.40 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-175-54000-0000-1 0.86 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 01-180-54000-0000-1 99.51 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 20-200-54000-0000-1 33.20 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 30-500-54000-0000-1 62.20 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 32-510-54000-0000-1 24.90 Gregs Petroleum Fuel INV 472624 7/26/24 07/31/2024 Fuel INV 472624 7/26/24 34-520-54000-0000-1 49.80 Vendor Gregs Petroleum - Gregs Petroleum Total: 12,526.12 Vendor: Guadalupe Reyes - Guadalupe Reyes
Guadalupe Reyes INV0027682 07/31/2024 Rental Deposit Return Guadal… 01-24000-0000-1 350.00 Vendor Guadalupe Reyes - Guadalupe Reyes Total: 350.00
Vendor: Home Depot - Home Depot
Home Depot INV#6974348 07/31/2024 INV#6974348 30-500-57400-0000-1 171.14 Home Depot INV#6974350 07/31/2024 INV#6974350 30-500-57400-0000-1 46.13 Home Depot INV#9974170 07/31/2024 INV#9974170 30-500-57400-0000-1 320.02 Home Depot INV 530211 08/07/2024 INV 530211 LLMD Operating S…20-200-57400-0000-1 196.05 Home Depot INV 6974668 08/07/2024 INV 6974668 Water Dept. Op… 32-510-57400-0000-1 200.21 Home Depot INV 7974300 08/07/2024 INV 7974300 Water Dept. Hos…32-510-57400-0000-1 28.09 Home Depot INV#1974543 08/07/2024 INV#1974543 32-510-57400-0000-1 139.64 Home Depot INV#2974479 08/07/2024 INV#2974479 32-510-57400-0000-1 67.46 Home Depot INV#9974624 08/07/2024 INV#9974624 01-180-57400-0000-1 24.33 Home Depot INV/33974428 08/07/2024 INV/33974428 30-500-57400-0000-1 6.80 Vendor Home Depot - Home Depot Total: 1,199.87
Vendor: Information Technolo - Information Technology
Information Technology Inv. 1160-07854 08/07/2024 Inv. 1160-07854 CJIS Access Li… 01-150-57800-0000-1 420.00 Vendor Information Technolo - Information Technology Total: 420.00 Vendor: INFOSEND, INC - INFOSEND, INC
INFOSEND, INC INV 266528 07/31/2024 INV 266528 July 2024 Contract…30-500-52200-0000-1 511.86 INFOSEND, INC INV 266528 07/31/2024 INV 266528 July 2024 Postage… 30-500-55600-0000-1 1,435.75 INFOSEND, INC INV 266528 07/31/2024 INV 266528 July 2024 Contract…31-505-52200-0000-1 511.86 INFOSEND, INC INV 266528 07/31/2024 INV 266528 July 2024 Postage… 31-505-55600-0000-1 1,435.75

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 8 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount INFOSEND, INC INV 266528 07/31/2024 INV 266528 July 2024 Contract…32-510-52200-0000-1 513.41 INFOSEND, INC INV 266528 07/31/2024 INV 266528 July 2024 Postage… 32-510-55600-0000-1 1,440.07 Vendor INFOSEND, INC - INFOSEND, INC Total: 5,848.70
Vendor: Irrigation Concepts - Irrigation Concepts
Irrigation Concepts INV#49102 07/31/2024 INV#49102 20-200-57400-0000-1 1.83 Vendor Irrigation Concepts - Irrigation Concepts Total: 1.83 Vendor: Jim Burke - Jim Burke
Jim Burke Inv.755750 08/07/2024 Inv.755750 Unit 47 Brake Lini… 01-150-56600-0000-1 789.82 Vendor Jim Burke - Jim Burke Total: 789.82
Vendor: John Hancock - John Hancock
John Hancock INV0027720 08/08/2024 401K - Employer 01-20800-0000-1 4,506.71 John Hancock INV0027720 08/08/2024 401K - Employer 30-20800-0000-1 16.67 John Hancock INV0027720 08/08/2024 401K - Employer 32-20800-0000-1 16.68 John Hancock INV0027721 08/08/2024 401K - Employee 01-20800-0000-1 3,274.83 John Hancock INV0027728 08/08/2024 401K Loan 1 01-20800-0000-1 89.29 John Hancock INV0027729 08/08/2024 401K Loan 1 01-20800-0000-1 109.43 John Hancock INV0027730 08/08/2024 401K Loan 1 01-20800-0000-1 256.31 John Hancock INV0027731 08/08/2024 401k Contribution 01-20800-0000-1 312.78 John Hancock INV0027732 08/08/2024 401k Contribution 01-20800-0000-1 354.71 John Hancock INV0027733 08/08/2024 401k Contribution 01-20800-0000-1 184.70 John Hancock INV0027734 08/08/2024 401k Contribution 01-20800-0000-1 304.71 John Hancock INV0027735 08/08/2024 401k Contribution 01-20800-0000-1 265.74 John Hancock INV0027736 08/08/2024 401k Contribution 01-20800-0000-1 653.84 John Hancock INV0027737 08/08/2024 401k Contribution 01-20800-0000-1 286.06 John Hancock INV0027738 08/08/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027739 08/08/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027740 08/08/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027741 08/08/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027742 08/08/2024 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0027758 08/08/2024 401K - Employer 01-20800-0000-1 2,041.30 John Hancock INV0027758 08/08/2024 401K - Employer 20-20800-0000-1 46.03 John Hancock INV0027758 08/08/2024 401K - Employer 30-20800-0000-1 1,770.91 John Hancock INV0027758 08/08/2024 401K - Employer 31-20800-0000-1 686.22 John Hancock INV0027758 08/08/2024 401K - Employer 32-20800-0000-1 1,737.23 John Hancock INV0027759 08/08/2024 401K - Employee 01-20800-0000-1 566.66 John Hancock INV0027759 08/08/2024 401K - Employee 20-20800-0000-1 120.12 John Hancock INV0027759 08/08/2024 401K - Employee 30-20800-0000-1 452.81 John Hancock INV0027759 08/08/2024 401K - Employee 31-20800-0000-1 271.44 John Hancock INV0027759 08/08/2024 401K - Employee 32-20800-0000-1 685.87 John Hancock INV0027760 08/08/2024 401K - Employer 20-20800-0000-1 313.36 John Hancock INV0027767 08/08/2024 401K Loan 2 01-20800-0000-1 2.98 John Hancock INV0027767 08/08/2024 401K Loan 2 30-20800-0000-1 4.47 John Hancock INV0027767 08/08/2024 401K Loan 2 32-20800-0000-1 4.46 John Hancock INV0027768 08/08/2024 401K Loan 2 01-20800-0000-1 97.06 John Hancock INV0027768 08/08/2024 401K Loan 2 30-20800-0000-1 97.07 John Hancock INV0027768 08/08/2024 401K Loan 2 31-20800-0000-1 97.07 John Hancock INV0027768 08/08/2024 401K Loan 2 32-20800-0000-1 97.07 John Hancock INV0027769 08/08/2024 401K Loan 4 34-20800-0000-1 75.00 John Hancock INV0027770 08/08/2024 401K Loan 5 34-20800-0000-1 69.21 John Hancock INV0027771 08/08/2024 401K Loan 4 01-20800-0000-1 145.51 John Hancock INV0027771 08/08/2024 401K Loan 4 20-20800-0000-1 4.49 John Hancock INV0027772 08/08/2024 401K Loan 4 01-20800-0000-1 51.07 John Hancock INV0027772 08/08/2024 401K Loan 4 20-20800-0000-1 1.58 John Hancock INV0027773 08/08/2024 401k Contribution 01-20800-0000-1 256.48 John Hancock INV0027774 08/08/2024 401k Contribution 01-20800-0000-1 494.89 John Hancock INV0027775 08/08/2024 401k Contribution 01-20800-0000-1 236.79 John Hancock INV0027775 08/08/2024 401k Contribution 20-20800-0000-1 7.32 John Hancock INV0027776 08/08/2024 401k Contribution 34-20800-0000-1 176.01

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 9 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount John Hancock INV0027777 08/08/2024 401k Contribution 01-20800-0000-1 232.39 Vendor John Hancock - John Hancock Total: 23,475.33
Vendor: Jorge's Smog & Repai - Jorge's Smog & Repai
Jorge's Smog & Repai INV#020133 08/07/2024 INV#020133 30-500-56600-0000-1 90.00 Jorge's Smog & Repai INV#020138 08/07/2024 INV#020138 32-510-56600-0000-1 321.79 Vendor Jorge's Smog & Repai - Jorge's Smog & Repai Total: 411.79 Vendor: Kern County Clerk - Kern County Clerk
Kern County Clerk INV0027684 07/31/2024 Kern County Clerk - NOE for O… 01-130-56000-0000-1 50.00 Vendor Kern County Clerk - Kern County Clerk Total: 50.00 Vendor: Kern County Recorder - Kern County Recorder
Kern County Recorder INV0027683 07/31/2024 Release of Lien- 328 Industrial…30-500-55800-0000-1 6.66 Kern County Recorder INV0027683 07/31/2024 Release of Lien- 328 Industrial…31-505-55800-0000-1 6.66 Kern County Recorder INV0027683 07/31/2024 Release of Lien- 328 Industrial…32-510-55800-0000-1 6.68 Vendor Kern County Recorder - Kern County Recorder Total: 20.00 Vendor: KRC SAFETY CO INC - KRC SAFETY CO INC
KRC SAFETY CO INC INV#64729 08/07/2024 INV#64729 01-180-57400-0000-1 598.45 Vendor KRC SAFETY CO INC - KRC SAFETY CO INC Total: 598.45 Vendor: Liebert C. Whitmore - Liebert C. Whitmore
Liebert C. Whitmore INV 271008 07/31/2024 INV 271008 MC060-00001 Ge… 01-130-56100-0000-1 1,439.00 Vendor Liebert C. Whitmore - Liebert C. Whitmore Total: 1,439.00 Vendor: Mariana Sanchez - Mariana Sanchez
Mariana Sanchez INV0027686 07/31/2024 Council MeetingTranslation & …01-105-52200-0000-1 200.00 Vendor Mariana Sanchez - Mariana Sanchez Total: 200.00
Vendor: mary valenti - Mary Valenti
Mary Valenti INV0027685 07/31/2024 Psych Evaluation - S. Nieves 01-150-56000-0000-1 500.00 Vendor mary valenti - Mary Valenti Total: 500.00
Vendor: McFarland Tire - McFarland Tire
McFarland Tire INV 34878 07/31/2024 INV 34878 Fix Flat on Code En… 01-165-56600-0000-1 18.00 McFarland Tire INV#34897 08/07/2024 INV#34897 30-500-56600-0000-1 476.00 Vendor McFarland Tire - McFarland Tire Total: 494.00
Vendor: Mission Linen Supply - Mission Linen Supply
Mission Linen Supply INV 521937719 07/31/2024 FY23-24 Finance Department… 01-115-51800-0000-1 195.05 Mission Linen Supply INV 522055419 07/31/2024 FY23-24 Finance Department… 01-115-51800-0000-1 55.52 Mission Linen Supply INV522048863 07/31/2024 FY23-24 Council Member T-Sh…01-105-51800-0000-1 349.48 Vendor Mission Linen Supply - Mission Linen Supply Total: 600.05 Vendor: miwall corporation - Miwall Corporation
Miwall Corporation Inv. 1013103 07/31/2024 Inv. 1013103 Safety Equipmen…01-150-56800-0000-1 8,136.57 Vendor miwall corporation - Miwall Corporation Total: 8,136.57 Vendor: Munguia - Munguia Heating & Air Conditioning
Munguia Heating & Air Condit… INV#1-7326-1 07/31/2024 INV#1-7326-1 01-130-56000-0000-1 210.00 Munguia Heating & Air Condit… INV I-7325-1 08/07/2024 INV I-7325-1 Summer Prevent… 01-150-56400-0000-1 252.00 Munguia Heating & Air Condit… INV I-7325-1 08/07/2024 INV I-7325-1 Summer Prevent… 01-190-56400-0000-1 126.00 Munguia Heating & Air Condit… INV I-7325-1 08/07/2024 INV I-7325-1 Summer Prevent… 30-500-56400-0000-1 126.00 Munguia Heating & Air Condit… INV I-7325-1 08/07/2024 INV I-7325-1 Summer Prevent… 32-510-56400-0000-1 126.00 Vendor Munguia - Munguia Heating & Air Conditioning Total: 840.00 Vendor: Office Depot - Office Depot
Office Depot INV 372968737001 07/31/2024 INV 372968737001 Finance Of…01-115-57200-0000-1 19.39 Office Depot INV 372968737001 07/31/2024 INV 372968737001 Finance Of…30-500-57800-0000-1 58.18 Office Depot INV 372968737001 07/31/2024 INV 372968737001 Finance Of…31-505-57200-0000-1 58.17 Office Depot INV 372968737001 07/31/2024 INV 372968737001 Finance Of…32-510-57200-0000-1 58.17 Office Depot INV 374190132001 07/31/2024 INV 374190132001 Finance Of…01-115-57200-0000-1 1.71 Office Depot INV 374190132001 07/31/2024 INV 374190132001 Finance Of…30-500-57800-0000-1 5.14 Office Depot INV 374190132001 07/31/2024 INV 374190132001 Finance Of…31-505-57200-0000-1 5.14 Office Depot INV 374190132001 07/31/2024 INV 374190132001 Finance Of…32-510-57200-0000-1 5.14 Office Depot INV 374190133001 07/31/2024 INV 374190133001 Finance Of…01-115-57200-0000-1 2.35 Office Depot INV 374190133001 07/31/2024 INV 374190133001 Finance Of…30-500-57800-0000-1 7.05

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 10 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Office Depot INV 374190133001 07/31/2024 INV 374190133001 Finance Of…31-505-57200-0000-1 7.04 Office Depot INV 374190133001 07/31/2024 INV 374190133001 Finance Of…32-510-57200-0000-1 7.04 Vendor Office Depot - Office Depot Total: 234.52
Vendor: Our Home Town, Inc - Our Home Town, Inc.

Our Home Town, Inc. INV0027795 08/09/2024 Our Home Town, Inc.August 2… 01-130-56000-0000-1 338.53 Vendor Our Home Town, Inc - Our Home Town, Inc. Total: 338.53 Vendor: SALD100 - PAUL SALDANA
PAUL SALDANA INV0027789 08/07/2024 Reimbursement for Food at E… 01-140-52000-0000-1 40.29 Vendor SALD100 - PAUL SALDANA Total: 40.29
Vendor: Presto Distributing, - Presto Distributing, Inc.

Presto Distributing, Inc. INV 518585 07/31/2024 INV 518585 WWTP Tablets 30-500-57400-0000-1 1,753.65 Vendor Presto Distributing, - Presto Distributing, Inc. Total: 1,753.65 Vendor: Raymond's Trophy - Raymond's Trophy
Raymond's Trophy Inv. 97584 07/31/2024 Inv. 97584 Raymonds Trophy… 01-105-57100-0000-1 65.49 Vendor Raymond's Trophy - Raymond's Trophy Total: 65.49 Vendor: PLATT - Rexel USA Supply
Rexel USA Supply INV 5C53695 07/31/2024 INV 5C53695 Facilities Repair … 01-190-56400-0000-1 78.41 Rexel USA Supply INV.5F51745 07/31/2024 INV.5F51745 Replacement pa… 30-500-56410-0000-1 165.01 Rexel USA Supply INV#5J97316 08/07/2024 INV#5J97316 01-190-56400-0000-1 194.84 Rexel USA Supply INV#5K00984 08/07/2024 INV#5K00984 01-190-56400-0000-1 539.51 Vendor PLATT - Rexel USA Supply Total: 977.77
Vendor: Ricks Lock & Key - Ricks Lock & Key
Ricks Lock & Key INV#0001066 07/31/2024 INV#0001066 32-510-56000-0000-1 100.00 Vendor Ricks Lock & Key - Ricks Lock & Key Total: 100.00 Vendor: 661 Communications - Rodger C Goodman JR
Rodger C Goodman JR Inv. 1892 08/07/2024 Inv. 1892 Unit 55 Antenna Re… 01-150-56600-0000-1 424.09 Vendor 661 Communications - Rodger C Goodman JR Total: 424.09 Vendor: San Joaquin Paint - San Joaquin Paint
San Joaquin Paint INV#132407 08/07/2024 INV#132407 01-190-56400-0000-1 207.06 Vendor San Joaquin Paint - San Joaquin Paint Total: 207.06 Vendor: SC SITES Services - SC SITES Services
SC SITES Services INV 51911 07/31/2024 INV 51911 Monthly Radio Dis… 32-510-56000-0000-1 210.00 Vendor SC SITES Services - SC SITES Services Total: 210.00 Vendor: Meister Sealcoat & S - SealMaster Bakerfield
SealMaster Bakerfield INV 68270 07/31/2024 INV 68270 Various locations st…01-180-56500-0000-1 2,254.31 Vendor Meister Sealcoat & S - SealMaster Bakerfield Total: 2,254.31 Vendor: Regional Training - Southern California Intergovernmental Training & Deve Southern California Intergove… Inv. 67274 07/31/2024 Inv. 67274 Records Supervisor…01-150-52010-0000-1 517.00 Vendor Regional Training - Southern California Intergovernmental Training & Deve Total: 517.00 Vendor: SPD - SPD
SPD Inv. 3233 07/31/2024 Inv. 3233 Parking Citation Boo…01-150-57400-0000-1 852.47 SPD Inv. 3233 07/31/2024 Inv. 3233 Parking Citation Boo…01-165-57400-0000-1 94.72 Vendor SPD - SPD Total: 947.19
Vendor: Statewide Safety - Statewide Saftey
Statewide Saftey INV 12019324 07/31/2024 INV 12019324 Wide Cone 01-180-57400-0000-1 1,880.60 Vendor Statewide Safety - Statewide Saftey Total: 1,880.60 Vendor: Stinson Stationers, - Stinson Stationers, Inc.

Stinson Stationers, Inc. Inv. 293262-0 07/31/2024 Inv. 293262-0 Office Supplies 01-150-57200-0000-1 75.32 Vendor Stinson Stationers, - Stinson Stationers, Inc. Total: 75.32 Vendor: Stockbridge - Stockbridge General Contracting Inc Stockbridge General Contracti… INV0027687 07/31/2024 Stockbridge General Contract -…32-24000-0000-1 650.00 Stockbridge General Contracti… INV0027687 07/31/2024 Stockbridge General Contract -…32-510-42150-0000-1 -529.70 Vendor Stockbridge - Stockbridge General Contracting Inc Total: 120.30 Vendor: tmobile - T Mobile USA Inc
T Mobile USA Inc Acct992748243 Service 06/21… 07/31/2024 Acct# 992748243 - Police Dep… 01-150-57800-0000-1 1,503.64

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 11 of 15
Vendor Name Payable Number Post Date Description (Item) Account Number Amount T Mobile USA Inc Acct992748243 Service 06/21… 07/31/2024 Acct# 992748243 - Animal Con…01-155-57800-0000-1 119.82 Vendor tmobile - T Mobile USA Inc Total: 1,623.46
Vendor: Tesla Energy Operati - Tesla Energy Operation Inc.

Tesla Energy Operation Inc. BP24-0141 Deposit/Refund A… 07/31/2024 BP24-0141 Deposit/Refund A… 01-160-41500-0000-1 193.81 Tesla Energy Operation Inc. BP24-0141 Deposit/Refund A… 07/31/2024 BP24-0141 Deposit/Refund A… 01-160-41505-0000-1 9.59 Tesla Energy Operation Inc. BP24-0141 Deposit/Refund A… 07/31/2024 BP24-0141 Deposit/Refund A… 01-160-41510-0000-1 9.59 Tesla Energy Operation Inc. BP24-0141 Deposit/Refund A… 07/31/2024 BP24-0141 Deposit/Refund A… 01-160-41515-0000-1 9.59 Tesla Energy Operation Inc. BP24-0141 Deposit/Refund A… 07/31/2024 BP24-0141 Deposit/Refund A… 01-160-41550-0000-1 115.00 Vendor Tesla Energy Operati - Tesla Energy Operation Inc. Total: 337.58 Vendor: Triple Crown Fence - Triple Crown Fence Co., Inc.

Triple Crown Fence Co., Inc. INV 2450 07/31/2024 INV 2450 Chain To Cover Entry 01-185-56400-0000-1 1,898.00 Triple Crown Fence Co., Inc. INV 2451 07/31/2024 INV 2451 Fernwood Sump Fen…01-180-56000-0000-1 2,557.00 Vendor Triple Crown Fence - Triple Crown Fence Co., Inc. Total: 4,455.00 Vendor: ULINE - ULINE
ULINE INV 180936236 08/07/2024 INV 180936236 WWTP Operat…30-500-57400-0000-1 475.51 Vendor ULINE - ULINE Total: 475.51
Vendor: ultrex management - Ultrex Management Services LLC Ultrex Management Services L…Inv. 4122607 07/31/2024 Inv. 4122607 CN33785-01 (C… 01-130-52200-0000-1 314.15 Ultrex Management Services L…Inv. 4130390 07/31/2024 Inv. 4130390 CN35796-01 (Di… 01-150-52200-0000-1 44.41 Vendor ultrex management - Ultrex Management Services LLC Total: 358.56 Vendor: Verizon - Police Dep - Verizon - Police Dep
Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…01-105-57800-0000-1 230.34 Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…01-115-57800-0000-1 12.57 Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…01-140-57800-0000-1 25.15 Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…01-160-57800-0000-1 8.38 Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…01-165-57800-0000-1 8.38 Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…30-500-57800-0000-1 12.57 Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…31-505-57800-0000-1 12.57 Verizon - Police Dep INV 9968928704 07/31/2024 INV 9968928704 Jun 24 Police…32-510-57800-0000-1 4.20 Vendor Verizon - Police Dep - Verizon - Police Dep Total: 314.16 Vendor: Visual Edge - Visual Edge IT, Inc.

Visual Edge IT, Inc. INV 24AR1927746 07/31/2024 INV 24AR1927746 Monthly C… 01-130-54800-0000-1 546.73 Vendor Visual Edge - Visual Edge IT, Inc. Total: 546.73 Grand Total: 203,957.39

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 12 of 15
Report Summary
Fund Summary
Fund Payment Amount
01 - GENERAL FUND 93,633.47
20 - LIGHTING & LANDSCAPING-DISTRICT 1 3,010.86
25 - CAPITAL IMPROVEMENTS PROJECTS 47,662.50
30 - SEWER 35,596.46
31 - REFUSE/RECYCLING 5,156.43
32 - WATER 17,295.14
34 - PUBLIC TRANSPORTATION 1,602.53
Grand Total: 203,957.39
Account Summary
Account Number Account Name Payment Amount
01-105-51800-0000-1 Clothing Allowance 349.48
01-105-52200-0000-1 Contract Services 200.00
01-105-54000-0000-1 Fuel 21.30
01-105-57100-0000-1 Special Activities 65.49
01-105-57800-0000-1 Telephone & Communic… 230.34
01-110-54000-0000-1 Fuel 108.99
01-110-56000-0000-1 Professional Services - O… 32.00
01-111-54000-0000-1 Fuel 21.31
01-115-51800-0000-1 Clothing Allowance 250.57
01-115-54000-0000-1 Fuel 21.30
01-115-56000-0000-1 Professional Services - O… 32.00
01-115-57200-0000-1 Supplies - Office 23.45
01-115-57800-0000-1 Telephone & Communic… 12.57
01-130-52200-0000-1 Contract Services 314.15
01-130-54800-0000-1 Maintenance Agreements 546.73
01-130-56000-0000-1 Professional Services - O… 630.53
01-130-56100-0000-1 Legal Services 1,439.00
01-140-52000-0000-1 Conferences/Meetings/T… 40.29
01-140-52200-0000-1 Contract Services 32.00
01-140-54000-0000-1 Fuel 32.58
01-140-56000-0000-1 Professional Services - O… 2,062.50 01-140-56000-8472-1 Professional Services - In… 1,535.75 01-140-57800-0000-1 Telephone & Communic… 25.15
01-150-52010-0000-1 Conference/Meeting/Tr… 517.00
01-150-52200-0000-1 Contract Services 85.81
01-150-54000-0000-1 Fuel 8,170.71
01-150-55150-0000-1 Tuition Reimbursement 2,000.00
01-150-56000-0000-1 Professional Services - O… 1,135.00 01-150-56400-0000-1 Repairs & Maint - Build &… 252.00
01-150-56600-0000-1 Repairs & Maintenance -… 1,246.89
01-150-56800-0000-1 Safety Equipment 8,136.57
01-150-57200-0000-1 Supplies - Office 75.32
01-150-57400-0000-1 Supplies - Operating 852.47
01-150-57800-0000-1 Telephone & Communic… 1,923.64
01-155-54000-0000-1 Fuel 326.93
01-155-56000-0000-1 Professional Services - O… 100.00
01-155-57800-0000-1 Telephone & Communic… 119.82
01-160-41500-0000-1 Building Permits 193.81
01-160-41505-0000-1 Technology Fee 9.59
01-160-41510-0000-1 Training Fee 9.59
01-160-41515-0000-1 Building - GP Maintenan… 9.59
01-160-41550-0000-1 Building Plan Check 115.00
01-160-54000-0000-1 Fuel 108.99
01-160-56600-0000-1 Repairs & Maintenance -… 43.46
01-160-57800-0000-1 Telephone & Communic… 8.38
01-165-54000-0000-1 Fuel 162.84

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 13 of 15
Account Summary
Account Number Account Name Payment Amount
01-165-56600-0000-1 Repairs & Maintenance -… 18.00
01-165-57400-0000-1 Supplies - Operating 94.72
01-165-57800-0000-1 Telephone & Communic… 8.38
01-175-54000-0000-1 Fuel 11.28
01-180-51800-0000-1 Clothing Allowance 213.64
01-180-54000-0000-1 Fuel 1,306.47
01-180-56000-0000-1 Professional Services - O… 2,557.00 01-180-56410-0000-1 Repairs & Maintenance … 574.39
01-180-56430-0000-1 Repairs & Maintenance -… 181.00
01-180-56500-0000-1 Repairs/Maintenance St… 2,399.88
01-180-56600-0000-1 Repairs/Maintenance - … 31.37
01-180-57400-0000-1 Supplies - Operating 2,503.38
01-185-56400-0000-1 Repairs & Maint - Build &… 1,898.00 01-185-57400-0000-1 Supplies - Operating 45.14
01-185-57800-0000-1 Telephone & Communic… 100.01
01-190-56400-0000-1 Repairs & Maint - Build &… 1,145.82 01-20800-0000-1 Pension Payable 16,724.24
01-22050-0000-1 Federal Withholding Pay… 8,069.71
01-22100-0000-1 FICA Payable 13,381.20
01-22150-0000-1 Medicare Payable 3,129.50
01-22200-0000-1 State Withholding Payab… 4,566.82
01-22250-0000-1 SUTA Payable 370.25
01-22275-0000-1 ETT Payable 7.87
01-22600-0000-1 Health FSA 19.23
01-22700-0000-1 Disablity LTD 172.50
01-22800-0000-1 Accident 19.34
01-22900-0000-1 Life 89.91
01-22950-0000-1 Cancer-American Fidelity 13.53
01-24000-0000-1 Deposits 350.00
20-200-51800-0000-1 Clothing Allowance 63.60
20-200-54000-0000-1 Fuel 435.90
20-200-57400-0000-1 Supplies - Operating 1,056.81
20-20800-0000-1 Pension Payable 492.90
20-22050-0000-1 Federal Withholding Pay… 113.42
20-22100-0000-1 FICA Payable 593.62
20-22150-0000-1 Medicare Payable 138.82
20-22200-0000-1 State Withholding Payab… 87.37
20-22250-0000-1 SUTA Payable 21.63
20-22275-0000-1 ETT Payable 0.46
20-22900-0000-1 Life 6.33
25-000-52960-2303-1 Street & Roads (Capital) 150.00
25-000-52960-2304-1 Street & Roads (Capital) 150.00
25-000-52960-2305-1 Street & Roads (Capital) 150.00
25-000-52960-2402-1 Street & Roads (Capital) -… 11,520.00 25-000-52960-2403-1 Street & Roads (Capital) -… 24,175.00 25-000-52960-2507-1 Street & Roads (Capital) -… 9,975.00 25-000-52960-8280-1 HSIP Cycle 10 787.50
25-000-52960-8290-1 RSTP/HIP West Side - Har… 755.00
30-20800-0000-1 Pension Payable 2,341.93
30-22050-0000-1 Federal Withholding Pay… 963.32
30-22100-0000-1 FICA Payable 2,761.58
30-22150-0000-1 Medicare Payable 645.88
30-22200-0000-1 State Withholding Payab… 856.15
30-22250-0000-1 SUTA Payable 10.12
30-22275-0000-1 ETT Payable 0.22
30-22700-0000-1 Disablity LTD 35.69
30-22800-0000-1 Accident 27.45
30-22900-0000-1 Life 35.79

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 14 of 15
Account Summary
Account Number Account Name Payment Amount
30-500-51800-0000-1 Clothing Allowance 251.65
30-500-52200-0000-1 Contract Services 511.86
30-500-52910-2527-1 Buildings & Improvemen… 12,078.60
30-500-54000-0000-1 Fuel 816.71
30-500-55600-0000-1 Postage 1,435.75
30-500-55800-0000-1 Printing & Legal Notices 6.66
30-500-56000-7820-1 Professional Services - … 7,031.00
30-500-56400-0000-1 Repairs & Maint - Build &… 1,429.54 30-500-56410-0000-1 Repairs & Maintenance … 165.01
30-500-56600-0000-1 Repairs & Maintenance -… 635.47
30-500-57400-0000-1 Supplies - Operating 3,323.14
30-500-57800-0000-1 Telephone & Communic… 82.94
30-500-58200-0000-1 Water/Soil/Other Analys… 150.00
31-20800-0000-1 Pension Payable 1,054.73
31-22050-0000-1 Federal Withholding Pay… 367.61
31-22100-0000-1 FICA Payable 1,063.38
31-22150-0000-1 Medicare Payable 248.70
31-22200-0000-1 State Withholding Payab… 354.73
31-22250-0000-1 SUTA Payable 10.12
31-22275-0000-1 ETT Payable 0.22
31-22700-0000-1 Disablity LTD 11.65
31-22900-0000-1 Life 8.10
31-505-52200-0000-1 Contract Services 511.86
31-505-55600-0000-1 Postage 1,435.75
31-505-55800-0000-1 Printing & Legal Notices 6.66
31-505-57200-0000-1 Supplies - Office 70.35
31-505-57800-0000-1 Telephone & Communic… 12.57
32-20800-0000-1 Pension Payable 2,541.31
32-22050-0000-1 Federal Withholding Pay… 724.54
32-22100-0000-1 FICA Payable 2,740.90
32-22150-0000-1 Medicare Payable 640.94
32-22200-0000-1 State Withholding Payab… 668.82
32-22250-0000-1 SUTA Payable 73.50
32-22275-0000-1 ETT Payable 1.56
32-22350-0000-1 Garnishments 587.55
32-22700-0000-1 Disablity LTD 14.32
32-22900-0000-1 Life 9.01
32-24000-0000-1 Deposits 650.00
32-510-42150-0000-1 Water Sales -529.70
32-510-51800-0000-1 Clothing Allowance 148.86
32-510-52200-0000-1 Contract Services 541.55
32-510-53200-0000-1 Dues & Subscriptions 83.08
32-510-53250-0000-1 Permits & Certificates 114.95
32-510-54000-0000-1 Fuel 326.93
32-510-55600-0000-1 Postage 1,440.07
32-510-55800-0000-1 Printing & Legal Notices 6.68
32-510-56000-0000-1 Professional Services - O… 310.00
32-510-56400-0000-1 Repairs & Maint - Build &… 834.56
32-510-56410-0000-1 Repairs & Maintenance- … 1,801.71
32-510-56600-0000-1 Repairs & Maintenance -… 321.79
32-510-57200-0000-1 Supplies - Office 70.35
32-510-57400-0000-1 Supplies - Operating 1,150.33
32-510-57800-0000-1 Telephone & Communic… 4.20
32-510-58200-0000-1 Water/Soil/Other Analys… 2,017.33
34-20800-0000-1 Pension Payable 320.22
34-22050-0000-1 Federal Withholding Pay… 116.73
34-22100-0000-1 FICA Payable 223.96
34-22150-0000-1 Medicare Payable 52.38

Expense Approval Report Payment Dates: 7/27/2024 - 8/9/2024 8/15/2024 8:19:27 AM Page 15 of 15
Account Summary
Account Number Account Name Payment Amount
34-22200-0000-1 State Withholding Payab… 45.55
34-22700-0000-1 Disablity LTD 30.76
34-22800-0000-1 Accident 15.41
34-22900-0000-1 Life 57.99
34-22950-0000-1 Cancer-American Fidelity 24.77
34-520-54000-0000-1 Fuel 653.88
34-520-56600-0000-1 Repairs & Maintenance -… 60.88
Grand Total: 203,957.39
Project Account Summary
Project Account Key Payment Amount
**None** 203,957.39
Grand Total: 203,957.39

REGULAR CITY COUNCIL MINUTES

IN-PERSON MEETING
August 8, 2024

MCFARLAND CITY COUNCIL

MCFARLAND SUCCESSOR AGENCY

MCFARLAND PUBLIC FINANCE AUTHORITY

MCFARLAND IMPROVEMENT AUTHORITY

MCFARLAND PARKING AUTHORITY

CALL TO ORDER
Mayor Ayon called the meeting to order at 6:00 PM

ROLL CALL
Councilmembers Present: Mayor S. Ayon, Councilmember Ayon, Councilmember Gonzalez, Councilmember Pérez
Councilmembers Absent: Councilmember Cano

OFFICIALS PRESENT
City Manager Viramontes, City Attorney Hodges, Chief Knox, Community Development Director Saldana, Public Works Director Hernandez, Human Resources Director McCuan, City Clerk De La Cruz

INVOCATION
Offered by Councilmember Perez

PLEDGE OF ALLEGIANCE
Councilmember Ayon

FEATURED PET
Chief Knox introduced the featured pet Sean

APPROVE AGENDA AS TO FORM
Motion by Gonzalez, second by Ayon to approve agenda as to form.

Roll Call Vote:

AYES: S. Ayon, A. Ayon, Gonzalez, Pérez
NOES: None

ABSENT: 1
PASSED 4-0-1

PRESENTATIONS, INTRODUCTIONS AND AWARDS

1. Fire Update: Kern County Fire & Central Valley Almond Association

2. Introduction of New City Employees

3. Presentation of Sewer Master Plan

PUBLIC COMMENT

4. Central Valley Almond Association reference on 8/7/2024

DEPARTMENTAL REPORTS
None

CONSENT AGENDA

5. Approval of Expense Report in the Amount of $1,060,803.30 from 7/13/2024 TO 7/26/2024.

6. Approval of Payroll Report for the Month of July 2024 in the Amount of $341,675.39.

7. Second reading, by title only, and adopt Ordinance 6-2024 AN ORDINANCE OF THE

CITY OF MCFARLAND AMENDING THE MCFARLAND MUNICIPAL CODE CHAPTER 2.04.101 RELATING TO CITY COUNCIL MEETINGS.

8. APPROVAL OF TRAVEL AND TRAINING EXPENSES EXCEEDING $500.00 PER TRIP FOR THE K-9 POLICE OFFICER TO ATTEND THE K-9 POLICE AND MILITARY WORKING DOG CONFERENCE ON SEPTEMBER 10-12, 2024, IN

NASHVILLE, TENNESSEE AND FOR THE CHIEF OF POLICE TO ATTEND THE KERN CHIEF’S CONFERENCE ON SEPTEMEBER 3, 2024, IN PISMO, CALIFORNIA.

9. Receive and File Sewer Collection Master Plan

Recommended Action: Approve the Consent Calander
Public Comment: None
Council Action: It was moved by Ayon second by Perez to approve the Consent Calander as presented.

Roll Call Vote:

AYES: S. Ayon, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT: Cano
PASSED: 4-0-1

PUBLIC HEARINGS

10. Introduce, by title only Ordinance 11-2024, AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING CHAPTER 5.04 OF THE
MCFARLAND MUNICIPAL CODE RELATING TO BUSINESS LICENSES.

Council Action: It was moved by Perez second by Ayon to approve the Ordinance 11-2024 as presented.

Roll Call Vote:

AYES: S. Ayon, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT: Cano
PASSED: 4-0-1

ADMINISTRATIVE AGENDA
NONE

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT

MEETINGS
a. Kern Council of Governments (KCOG) meeting reschedule for next month.

b. Kern Economic Development Corp. (KEDC) meeting is scheduled for September. c. Kern Local Agency Formation Commission (LAFCO) Mayor Ayon provided update. d. San Joaquin Valley Air Pollution Control District (SJV) meeting scheduled for October. e. Public Policy and Finance Committee Councilmember Gonzales provided an update. f. Public Safety Committee Councilmember Perez provided an update.

COUNCIL STATEMENTS AND REPORTS
Mayor provided an update of current projects occurring in the City of McFarland.

CLOSED SESSION
NONE

ADJOURNMENT
Motion by Ayon, second by Gonzalez to adjourn
Roll Call Vote:

AYES: S. Ayon, A. Ayon, Gonzalez, Pérez
NOES: None
ABSENT: Cano
PASSED: 4-0-1
Meeting adjourned at 7:37 pm.
_______________________________
Erika De La Cruz, City Clerk

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 3.

Section: CONSENT AGENDA
Meeting Date: August 22, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Community Development Director
SUBJECT: Approve Ordinance 11-2024, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING CHAPTER 5.04 OF THE

MCFARLAND MUNICIPAL CODE RELATING TO BUSINESS LICENSES
SUMMARY:

Chapter 5.04 of the McFarland Municipal Code regulates the issuance of business taxes and licenses within the City limits. There are currently uses within the City for which a business license rate is not defined other than the general annual gross receipts.

The proposed ordinance would provide for an additional category called "animal confinement/breeding/raising" which would provide for an annual fee of $1,000 per acre for the business license. This fee is preferable than a "per confined animal" or annual gross receipts since it would be difficult for the City to verify these options, while an acre measurement can be adequately audited.

FINANCIAL IMPACT:

An increase of $146,000 in general fund revenue is estimated from the modifications to the business license fee structure.

RECOMMENDATION:

City Council waive full reading and approve Ordinance 11-2024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MCFARLAND AMENDING CHAPTER 5.04 OF THE

MUNICIPAL CODE RELATING TO BUSINESS LICENSES
ATTACHMENTS:

None

ORDINANCE NO. 11-2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND AMENDING CHAPTER 5.04 OF THE MUNICIPAL

CODE RELATING TO BUSINESS LICENSES
Section 1. Recitals
WHEREAS, Article XI section 7 of the California Constitution provides authority to the City of McFarland to adopt ordinances and regulations for businesses transacted in the City, and WHEREAS, Chapter 5.04 of the McFarland Municipal Code regulates business license and business license fees, and
WHEREAS, the City currently has no fees identified for businesses that operate animal confinement, breeding, and raising operations.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND DOES ORDAIN AS FOLLOWS:

Section 1. The following is added to Section A of Chapter 5.04.140 as follows:

Business Type Annually/Daily/Per Event/
Unit Tax Amount
Animal Confinement/Breeding/Raising$1,000 per acre
Section 7. Notice. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause this Ordinance to be posted within 15 days after its passage, in accordance with Section 36933 of the Government Code.

Section 8. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of McFarland hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or word thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or word might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation.

Section 9. Effective Date. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937.

Section 10. Certification; Publication. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

INTRODUCED, at a regular meeting of the City Council of the City of McFarland, California on 8/8/2024, by the following vote:

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on 8/22/2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
Anita Gonzalez
María T. Pérez
______________________________
Saul Ayon, Mayor
I hereby certify that the foregoing Ordinance was duly and regularly adopted by the City Council of the City of McFarland by a regular meeting thereof held on August 22, 2024.

ATTEST:
________________________________
Paul M. Saldana, Interim City Clerk

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 4.

Section: CONSENT AGENDA
Meeting Date: August 22, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: Approval of Resolution No. 2024-655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING ADDENDUM NO. 1

TO THE EMPLOYMENT AGREEMENT WITH KENNY WILLIAMS FOR AN

ADDITIONAL SIX MONTHS
SUMMARY:

This staff report seeks City Council approval of Addendum No. 1 to the employment agreement with Kenny Williams, extending his role as the City Council Special Projects Manager/Police Oversight Advisor for an additional six-month term. The original agreement, which commenced on March 1, 2024, is set to expire at the end of August 2024. This extension, provided for in Section 5 of the agreement, will extend the term from September 1, 2024, through February 28, 2025, and is necessary to ensure the continued oversight and completion of several ongoing projects.

The terms and conditions of this extension remain consistent with the original agreement, and the required funds have already been included in the FY24-25 budget, so no budget adjustment is required.

Background
Kenny Williams has served as the City Council Special Projects Manager/Police Oversight Advisor since March 1, 2024. Over the past six months, he has significantly contributed to the oversight and strategic management of key city projects, especially within the McFarland Police Department. Given the ongoing nature of these projects and their critical importance to the City’s operational goals, extending Mr. Williams's contract is essential.

Addendum No. 1 Details:
• Extension Term: An additional six months, from September 1, 2024, to February 28, 2025.
• Compensation: $150 per hour, up to 80 hours per month, consistent with the initial agreement.
• Total Cost: Not to exceed $72,000 for the six-month extension period, as previously budgeted.
• Responsibilities: Continuation of duties as outlined in the original employment agreement and job description, with a focus on project completion and operational oversight.

FINANCIAL IMPACT:

There is no additional financial impact associated with this extension, as the funds necessary for this position were already allocated in the FY24-25 budget. No budget adjustments are required.

RECOMMENDATION:

Staff requests that the City Council approve Addendum No. 1 to the employment agreement with Kenny Williams, extending the term of the agreement for an additional six months from September 1, 2024, to February 28, 2025. This extension will allow Mr. Williams to continue his valuable contributions to the City of McFarland.

ATTACHMENTS:

1. Addendum No 1 to Employment Agreement - Special Project Manager

2. Kenny Williams Employment Agreement - Signed

RESOLUTION NO. 2024-98

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING ADDENDUM NO. 1 TO THE EMPLOYMENT AGREEMENT WITH KENNY WILLIAMS

FOR AN ADDITIONAL SIX MONTHS
WHEREAS, on February 22, 2024, the City Council of the City of McFarland approved an employment agreement with Kenny Williams to serve as the City Council Special Projects Manager/Police Oversight Advisor for an initial term of six months, effective March 1, 2024; and WHEREAS, the employment agreement allows for an extension of the term for an additional six months if mutually agreed upon by the City Council and Kenny Williams; and WHEREAS, the initial term of the agreement is set to expire at the end of August 2024, and both the City Council and Kenny Williams wish to extend the agreement for an additional six months, from September 1, 2024, to February 28, 2025; and
WHEREAS, Addendum No. 1 to the employment agreement has been prepared to formalize this extension; and
WHEREAS, the extension of the agreement will ensure continuity in the management and oversight of ongoing projects critical to the City’s operations, including those related to police oversight; and
WHEREAS, the funds required for this extension have been included in the FY24-25 budget, and no budget adjustments are necessary;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The City Council hereby approves Addendum No. 1 to the employment agreement with Kenny Williams, extending the term for an additional six months, effective September 1, 2024, and continuing through February 28, 2025.

2. The terms and conditions of the extension shall remain consistent with those set forth in the original employment agreement, including the compensation of $150 per hour, not to exceed 80 hours per month.

3. The City Manager, or their designee, is authorized and directed to take all necessary steps to implement this resolution, including executing any documents or agreements necessary to

effectuate the extension of the employment agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on August 22, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
María T. Pérez
Anita Gonzalez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, City Clerk
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. _____________________________
Erika De La Cruz, City Clerk

ADDENDUM NO. 1
EMPLOYMENT AGREEMENT – CITY COUNCIL’S SPECIAL PROJECT

MANAGER/POLICE OVERSIGHT ADVISOR
This ADDENDUM NO. 1 to the EMPLOYMENT AGREEMENT – CITY
COUNCIL’S SPECIAL PROJECT MANAGER/POLICE OVERSIGHT ADVISOR (“Agreement”), which was entered into the 28th day of February, 2024 by and between the CITY OF MCFARLAND, a California municipal corporation (“CITY”), and KENNY WILLIAMS (“Williams”), forms part of the Agreement and shall be incorporated therein by reference.

The initial term of the Agreement is set to expire at the end of August 2024.

Section 5 of the Agreement provides that the term of the Agreement shall renew upon the recommendation by the City Council for an additional six (6) months on the effective date of each subsequent six-month anniversary, if mutually agreed by both parties.

The Council hereby recommends and the Parties hereby mutually agree to extend the Term of the Agreement for an additional six (6) months, from September 1, 2024 to February 28, 2025.

Except as set forth in this Addendum, all other terms and conditions of the Agreement remain unchanged and shall continue in full force and effect.

This addendum may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document. [Signature Page Follows]

IN WITNESS WHEREOF, this Addendum has been executed and is effective as dated below.

CITY OF MCFARLAND
By:

EMPLOYEE
Saul Ayon, Mayor Kenny Williams
ATTEST:

By:

Erika De La Cruz, City Clerk

APPROVED AS TO FORM
By:

Nathan M. Hodges, City Attorney

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 5.

Section: CONSENT AGENDA
Meeting Date: August 22, 2024
TO: Honorable Mayor and Council Members
FROM: Yerlys Hernandez , Public Works Director
Diego Viramontes, City Manager
SUBJECT: Approval of Resolution No. 2024-99 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND ACCEPTING THE QUOTE FROM

WILSCOT FOR THE PURCHASE OF AN OFFICE TRAILER FOR FACILITY

NEEDS AND AUTHORIZING A CAPITAL IMPROVEMENT PROJECT
PURCHASE IN THE AMOUNT OF $31,241.49.

SUMMARY:

On July of 2024 the City Council approved a capital improvement project for the purchase of an office trailer for Wastewater (WWTP) staff. The WWTP staff has an urgent need for a dedicated facility for a proper break room, additional computer stations, and a dedicated supervisor's office. Currently, the staff are using their WWTP Office space as a break room and their workstations are within the vicinity of the raw sewage laboratory. The staff size has also grown with the addition of a new operator in training. The staff of four shares two computer stations. This purchase would greatly alleviate the current situation with the inadequate office space and break room area. As such, three quotes were received for the purchase of an office trailer as follows:

Willscot 10’x36’ - $31,241.49.

United Rentals 8’x30’ – Needs refurbishing - $19,268.50 Mobile Modular 10’x28’ – $36,636.57
Although United rentals is the lowest priced trailer quote we received, it is significantly smaller in size and does require some repairs. After visually inspecting the trailer from United rentals, staff determined the trailer will need repairs to flooring, wood paneling in the walls and replacing acoustical ceiling tiles. Staff estimates the repairs on the united rentals trailer will require approximately $3,500 in time and materials to repair. The repairs will bring united rentals trailer cost to $22,765.50.

If we compare cost per square foot between United Rentals trailer including repair cost and Wilscot Trailer cost, the Wilscot trailer is the best value. Not only is Wilscot the better value in cost per square foot, the bigger size trailer allows staff to have a bigger break room for future expansion. The cost per square foot analysis is below:

United Rentals
Size: 8'x30' = 240 SQ. FT

Cost: $19,268.50 + $3,500(repairs) = $22,768.50
Cost per SQ. FT = $94.87
Wilscot
Size:10'x36' = 360 SQ. FT
Cost: = $31,241.49
Cost per SQ. FT = $86.79
FINANCIAL IMPACT:

This project will have an impact of $31,241.49. However, this cost has been budgeted in the fiscal year 24-25 and will not affect the department budget, mitigating any financial stress to the fund.

RECOMMENDATION:

After careful review of all the received quotations, staff recommends that the City Council approve Resolution No. 2024-99, which involves accepting the quote from Willscot for the purchase of an office trailer. This recommendation is based on the quoted price being the lowest qualified bid by Willscot.

ATTACHMENTS:

1. Q-1833130-City of mcfarland rev 2

2. City of McFarland 8x32 Sales Quote_237186947

3. mobile modular

RESOLUTION NO. 2024-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ACCEPTING

THE QUOTE FROM WILSCOT FOR THE PURCHASE OF AN OFFICE TRAILER FOR

FACILITY NEEDS AND AUTHORIZING A CAPITAL IMPROVEMENT PROJECT PURCHASE IN THE AMOUNT OF $31,241.49.

WHEREAS, the City Council approved a capital improvement project for the purchase of a office trailer for WWTP staff; and
WHEREAS, the WWTP staff has an urgent need for a dedicated facility for a proper break room, additional computer stations, and a dedicated supervisor office; and WHEREAS, the staff is using their WWTP Office space as a break room, computer stations, within the vicinity of the raw sewage laboratory; and
WHEREAS, the office Trailer purchase would alleviate the current situation with the inadequate office space and break room area; and
WHEREAS, three quotes were received for the purchase of an office trailer; and WHEREAS, Wilscot was the lowest qualified bid for the office trailer in the amount of $31,241.49.

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. Authorizes the purchase of a office trailer from Wilscot for the Wastewater Treatment Plant in the amount of $31,241.49

3. Authorizes the City Manager to utilize funds from the Capital Improvement Project budget allocation.

4. The City Clerk shall certify to the passage and adoption of this resolution.

5. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on August

22, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
María T. Pérez
Anita Gonzalez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, City Clerk
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. _____________________________
Erika De La Cruz, City Clerk

Your Sales Representative
Daniel Young
[email protected]
Agreement Number: Q-1833130
Revision: 2
Date: 8/14/2024
Expiration Date: 9/5/2024
Sale Agreement For Used Equipment Without Warranty
Buyer:

City of McFarland
401 W Kern Ave
Mc Farland, CA 932501352
Contact:

Robert Cisneros
, , US
Phone: 6616671002
Email: [email protected]
Ship To Address:
401 W Kern Ave
McFarland, CA 93250, US
Estimated Delivery Date:08/23/24
Unit Description and Pricing Quantity Price Extended
36x10 Mobile Office or Similar Unit Number:

WAL-17242 1 $ 22,800.00 $ 22,800.00
Delivery - 10' wide 1 $ 650.00 $ 650.00
Prev Wage Wood Skirting 1 $ 2,175.00 $ 2,175.00
Fuel Surcharge Delivery 1 $ 149.50 $ 149.50
OSHA Aluminum Steps 1 $ 1,000.00 $ 1,000.00
CA Transport Delivery Fee 1 $ 100.00 $ 100.00
License fee 1 $ 1.00 $ 1.00
Prev Wage Setup and Anchor 1 $ 1,985.00 $ 1,985.00
Total Purchase Price Including Delivery And Installation (If Applicable)*: $ 28,860.50 Total Purchase Price Including Delivery And Installation (If Applicable)* Including Estimated Taxes: $ 31,241.49 Scope Of Work
This building is sold as is with no warranty
Summary of Charges
Model: 36x10 Mobile Office or Similar QUANTITY: 1 Total Charges for(1) Building(s): $ 28,860.50 Total Charges for (1) Building(s) Including Estimated
Tax: $ 31,241.49
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500

Your Sales Representative
Daniel Young
[email protected]
Agreement Number: Q-1833130
Revision: 2
Date: 8/14/2024
Expiration Date: 9/5/2024
Payment Terms
Credit Terms: 100% due upon signing, 0% due upon unit delivery and remaining, 0% due upon substantial completion.

Acknowledgement
This Sales Agreement (the “Agreement”) is made on August, 14, 2024, by and between William Scotsman Inc., a Maryland corporation, doing business at 34948 Gazelle Court, Bakersfield, CA 93308-9618 (“Seller”) and City of McFarland (“Buyer”), doing business at the address noted above.

Buyer agrees to purchase from Seller one or more trailer(s) and/or relocatable modular and/or pre-fabricated structures, including stairs, railings, furniture, and other items attached or appurtenant thereto, as noted above and detailed on any Addenda to this Agreement (hereinafter collectively referred to as the “Equipment”), for the purchase price and payment terms shown above and subject to the terms and conditions set forth herein and on the following pages of this Agreement and as detailed on the Addenda to this Agreement. The Agreement and the Addenda together form the “Contract Documents”. The Addenda are as follows and are an integral part of this Agreement.

Addenda: No Addenda attached.
*All prices exclude applicable taxes.

By its signature below, Buyer hereby acknowledges that it has read and agrees to be bound by the Seller’s Sales Agreement Additional Terms and Conditions (7-26-13) located on Seller’s internet site (https://www.willscot.com/About/terms-conditions) in their entirety, which are incorporated herein by reference and agrees to lease the Equipment from Seller subject to the terms therein.

EXCLUSIONS OF ALL WARRANTIES:

AS ACKNOWLEDGED AND AGREED BY THE UNDERSIGNED BUYER, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS TRANSACTION AND THAT THE SALE IS “AS IS” AND “WITH ALL FAULTS.” FURTHERMORE, WILLIAMS SCOTSMAN IS PROVIDING NO WARRANTIES AND MAKES NO REPRESENTATIONS WITH REGARD TO THE CONDITION OF THE SUBJECT MODULAR BUILDING.

Buyer’s Initials \i1\
Signatures
BUYER (Name): City of McFarland SELLER: Williams Scotsman inc Signature: \s1\
Print Name: \n1\
Title: \t1\
Date: \d1\
PO#:

Williams Scotsman now issues paperless invoices via email, an efficient, convenient & environmentally friendly process. Go green and provide us with the proper email address for your invoices.

AP Email:

No thanks. Please mail my invoices to:
, , US
Williams Scotsman, Inc. 4646 East Van Buren St, Suite 400, Phoenix, AZ 85005 1-800-782-1500

This is not an invoice
Please do not pay from this document

SALE QUOTE
Page: 1
Qty Equipment # Price Amount
1 9220250 CC: 922-0250 15500.00 15500.00
OFFICE TRAILER 8X30 NO RR
PURCHASE OF A USED 8X32 OFFICE TRAILER SOLD AS IS.
-INCLUDES 2 SET OF STEPS
SALES ITEMS:

Qty Item number Stock class Unit Price Amount
1 SETUP MCI EA 2300.00 2300.00
SETUP
UM: (EA) EACH

OFFICE TRAILER SET UP, LEVEL OFFICE TRAILER, REMOVE HITCH, SKATE INTO POSITION, SET UP ON PIERS/STANDS, AND TIE DOWN.

Sub-total: 17800.00
Tax: 1468.50
Total: 19268.50
CONTACT: ROBERT CISNEROS
CELL#: 661-667-1002

MCFARLAND ANIMAL SHELTER
12941 MELCHER RD
MC FARLAND CA 93250-9636
Office: 661-792-3091

CITY OF MCFARLAND
401 W KERN AVE
MC FARLAND CA 93250-1352
BRANCH AJ3
2801 E BRUNDAGE LN
BAKERSFIELD CA 93307-2817
661-324-0060 # 237186947
Job Site
Customer # :

Quote Date :

UR Job Loc :

UR Job # :

Customer Job ID:

P.O. # :

Ordered By :

Written By :

Salesperson :
1429135
08/06/24
12941 MELCHER RD, MC
16 QUOTE

ROBERT CISNEROS

PAULA CASTILLO

PAULA CASTILLO
Note: This proposal may be withdrawn if not accepted within 30 days.

WHERE PERMITTED BY LAW, UNITED RENTALS MAY IMPOSE A SURCHARGE OF 2.0% FOR CREDIT CARD PAYMENTS ON CHARGE ACCOUNTS. THIS SURCHARGE IS NOT GREATER THAN OUR MERCHANT DISCOUNT RATE FOR CREDIT CARD TRANSACTIONS AND IS SUBJECT TO SALES TAX .

THIS IS NOT A SALE AGREEMENT/INVOICE. THE ITEMS LISTED ABOVE ARE SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S SALE AGREEMENT/INVOICE WHICH ARE AMENDED FROM TIME TO TIME AND POSTED ONLINE AT https://www.unitedrentals.com/legal/sale-agreement AND INCORPORATED HEREIN BY REFERENCE. A PAPER COPY OF THE SALE AGREEMENT/INVOICE TERMS IS AVAILABLE UPON REQUEST.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 6.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: August 22, 2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: Approval of Resolution No. 2024-96 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND RATIFYING THE DECISION TO PROCEED

WITH AN URGENCY PURCHASE OF TWO HIDROSTAL SUBMERSIVE

PUMPS TO COMPLETE THE SAN JUAN LIFT STATION PUMP PROJECT

AND APPROVING AN ADDITIONAL APPROPRIATION TO THE

WASTEWATER FUND
SUMMARY:

In July of 2024 with the support of City Council the city took a proactive effort to provide a better service to the community in our Public Works Department. Specifically related to the need for repair of City infrastructure and ensuring customers have proper working utility services. The City added a temporary Reverse Osmosis (RO) treatment plant at Browning Well to provide safe drinking water Citywide. However, the RO system is discharging additional waste into the sewer system, which doesn’t have the capacity to intake additional waste.

This would require upgrading the two lift station pumps at San Juan to be able to take on the additional waste intake. This would also benefit the City for future expansion to take on additional waste from additional housing development.

It is important to note that the city had not budgeted for this lift station upgrade project in the fiscal year 2024- 25 due to the unexpected amount of waste produced by the temporary RO system. However, given the urgent nature of the possible overflow of waste or motor failure issues, the City Manager directed staff to commence work immediately under the urgency purchase provision of the municipal code section 2.24.070, section F; in order to preserve health and property, and to ensure adequate waste flow. Staff has since moved forward with the project and taken the following steps to comply with the urgency purchase provision of the municipal code:

1. Procurement of a verbal purchase order number from the purchasing officer.

2. Submission of a purchase requisition within two working days.

3. Presentation of this report for City Council's ratification.

To complete the project, staff has proceeded with the purchase and installation of two new Hidrostal submersible pumps to address the need for the lift station to run efficiently. Miscellaneous items related to the installation of the two lift station pumps are the hiring of a crane to remove old pumps and install new pumps.

And the hiring of an electrician to install the new pumps into existing electrical control panels and programming into SCADA, will be required as well. The total estimated cost of the San Juan Lift Station Project is $49,549.12.

FINANCIAL IMPACT:

The financial impact to the Wastewater Fund is $49,549.12.

RECOMMENDATION:

1. Ratify the decision to classify the San Juan Lift Station Project as an Urgency Purchase.

2. Approve an appropriation of $49,549.12 to the Wastewater Fund.

ATTACHMENTS:

1. MQ24-102004 San Juan Hidrostal Wemco Replacement

2. Ferguson quote

RESOLUTION NO. 2024-96

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING THE APPROPRIATION OF $49,549.12 FROM THE CITY'S ENTERPRISE FUND FOR THE

PURCHASE OF TWO HIDROSTAL SUBMERSIVE PUMPS TO COMPLETE THE SAN JUAN

LIFT STATION PUMP PROJECT
WHEREAS, the repair of City infrastructure and ensuring customers have proper working utility services is necessary to provide a better service to the community in our Public Works Department; and
WHEREAS, the City added a temporary RO treatment plant at Browning Well to provide safe drinking water Citywide; and
WHEREAS, the RO system is discharging additional waste into the sewer system, which does not have the capacity to intake additional waste; and
WHEREAS, the purchase and installation of two Hidrostal submersible pumps will upgrade the lift station pumps at San Juan to run efficiently and enable the capacity to take on additional waste intake; and
WHEREAS, the increased capacity will benefit the City for future expansion to take on additional waste from additional housing development; and WHEREAS, the city had not budgeted for lift station upgrades in the fiscal year 2024-25, and funds in the amount of $49,549.12 for the purchase and installation of two Hidrostal submersible pumps will need to be appropriated from the City’s Wastewater Fund; WHEREAS, the City Manager has determined that this situation qualifies as an "Urgency Purchase" as defined in Section 2.24.070, Section F of the McFarland Municipal Code, which allows for expedited procurement to preserve life, health, or property; 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 City Council hereby ratifies the decision of the City Manager to proceed with the urgency purchase of two new Hidrostal submersible pumps as an essential measure to preserve the health and welfare of the City’s residents.

3. The City Council approves an appropriation of $49,549.12 to the Wastewater Fund.

4. The City Clerk shall certify the passage and adoption of this resolution.

5. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on August 22, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
María T. Pérez
Anita Gonzalez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, City Clerk
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. _____________________________
Erika De La Cruz, City Clerk

2017 Opportunity Drive # 4, Roseville, CA 95678, (916) 787-5641 office, (916) 787-5642 fax www.muniquipllc.com
DATE: 8/9/24 QUOTE # MQ24-102004 rev1
TO: City of McFarland
ATTN: Robert Cisneros
RE: San Juan LS - Hidrostal pump replacement
Dear Robert,
We are pleased to offer the following items for your consideration.

ITEM 1
Two (2) Hidrostal D4K-LT Submersible Pump Hidrostal screw impeller Non-Clog submersible pump rated for 250 GPM. Equipped with HI-Chrome impeller, HI-Chrome Liner, Cast Iron Volute, 316 Stainless steel hardware, Nitrile O-Rings and Sherwin Williams 2 part epoxy coating. DKXA6 3.4 HP, 1160 RPM, 230V / 3phase, VFD compatible motor with convection cooling feature, 82’ feet of cable. Standard protective elements include: Thermistor PTC, BIMetal Switch, Internal Moisture Probe. R-K Electronic moisture Relay, Siemens Thermistor Relay as manufactured by Hidrostal.

Items 1 as described above for the price of……………………………………………………………$49,549.12 NOTES:

Estimated Submittal lead time 2-4 weeks from executed PO.

Estimated production lead time is 4-10 weeks from approved submittals.

Existing Guide rails and discharge flange to be used with Hidrostal Bare pump assembly.

Sales tax and freight is included in above pricing.

Anchor bolts, seismic calculations, or vibration testing are not included unless specifically noted in individual equipment descriptions.

Quotation is valid for 30 days.

This proposal is subject to the attached MuniQuip Terms & Conditions and/or the Terms and Conditions of the individual companies MuniQuip has quoted.

Best Wishes,
Alvie (AJ) Villalobos
Sales Engineer
2017 Opportunity Drive, Suite 4
Roseville, CA 95678
714-414-7688 cell
916-787-5641 office
916-787-5642 fax
[email protected] Initial

2017 Opportunity Drive # 4, Roseville, CA 95678, (916) 787-5641 office, (916) 787-5642 fax www.muniquipllc.com

TERMS AND CONDITIONS

1. Acceptance of this Order is final only upon written approval by MuniQuip, L.L.C. (“MQ”).

2. The total sale price, as set forth on the first page hereof, including all tax, is payable by Purchaser as follows: One-Hundred percent (100%) within 30 days of notice of availability for shipment by the manufacturer. Any amount not paid when due shall bear interest at the rate of 18% per annum.

Purchaser agrees to pay reasonable attorney’s fees and all collection costs incurred by MQ if payment is not timely received. All payments by Purchaser shall be made without offset of deduction.

3. All prices are FOB source shipping point. MQ is not responsible for any loss during transit. Breakage or shortage claims arising from shipments shall be made by the Purchaser directly against the carrier.

Purchaser will accept shipment within five (5) days of notice of availability from MQ.

4. Purchaser understands and acknowledges that the Equipment is not manufactured by MQ, and that MQ offers no representations or warranties of any kind or nature with respect to the Equipment.

SPECIFICALLY, MQ DOES NOT OFFER ANY EXPRESS OR IMPLIED WARRANTY OF DESCRIPTION, TITLE, OR

CONDITION OF LIEN OR SECURITY INTERESTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The only warranties with respect to the Equipment shall be those offered by the manufacturer, if any. The sole obligation of MQ shall be to assist Purchaser in connection with the presentation of any warranty claim to the Manufacturer. If applicable, MQ will assign all manufacturers’ warranties to Purchaser or end user. Purchaser shall be responsible for all costs and labor for installation and start-up assistance of the Equipment.

5. MQ shall not be responsible for any loss, claim or damages resulting from any force majeure, including but not limited to strikes, accidents, unavailability of labor or materials, acts of God, weather conditions, inability of carrier to deliver, legislative, administrative, or executive law, order or requisition of any governmental entity, or any event not under the direct control of MQ. Any delay in delivery from the Manufacturer caused by a force majeure or action or inaction of the Manufacturer or carrier shall not be the responsibility of MQ.

6. In no event shall MQ be responsible for any liquidated, consequential or special damages arising from breach of this Agreement, any delay of delivery or any other cause.

7. Purchaser shall pay any sales, excise, or other government charge payable by MQ to federal, state or local authorities. Any such taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Purchaser agrees to reimburse MQ for any such tax or to provide MQ acceptable tax exemption certificates.

8. Purchaser may not cancel this Order without the prior written consent of MQ, and in any event Purchaser shall be responsible for all costs, charges and fees caused by such cancellation, including labor expended, material procured, and reasonable overhead expenses applicable thereto.

Initial

2017 Opportunity Drive # 4, Roseville, CA 95678, (916) 787-5641 office, (916) 787-5642 fax www.muniquipllc.com

9. Any failure of MQ to insist upon the performance of any term or condition of this Agreement or any prior quotations, agreements, orders, and acceptances or orders related thereto shall not be deemed to be a waiver of such term, condition, or any other right in the future.

10. The provisions hereof shall apply to all addendums or changes hereto although not specifically set forth therein, all of these terms and conditions being considered to be additional terms and conditions to any such addendum or change.

11. Purchaser agrees to inspect the Equipment immediately upon delivery. Any claim for shortages must be made to MQ within ten (10) days after shipment or shall be deemed waived. Any other claim by Purchaser, other than warranty claims against the manufacturer, shall be made within thirty (30) days after receipt of shipment, and if not made, shall be waived.

12. Purchaser agrees to provide and maintain adequate insurance against loss of or damage to the Equipment until the purchase price to MQ has been fully paid. Any loss or damage to the Equipment after transfer of possession shall not relieve the Purchaser from obligations under this Agreement.

13. This Agreement represents the final and complete understanding of the parties with respect to all terms and conditions of the sale of Equipment as contemplated hereby, and there are no other representations, promises or agreements, whether written or oral, made in connection herewith. Purchaser specifically understands and acknowledges that no agent, employee or representative of MQ has the authority to or has made any other representation, promise or agreement except as specifically set forth in this Agreement. No amendment to this Agreement shall be effective unless it is in writing and executed by both parties.

14. This Agreement shall be construed under the laws of the State of California, and any action arising hereunder shall be commenced in that state.

Customer Signature: ____________________________________ Print Name: ____________________________________
Title: ____________________________________
Company Name: ____________________________________
Date: ____________________________________
Purchase Order #: ____________________________________

FERGUSON WW BAKERSFIELD #2777
2900 FAIRHAVEN DRIVE
BAKERSFIELD, CA 93308-6125
Phone: 661-396-3230
Fax: 661-397-7429
Deliver To:

From: Robert Calvillo
Comments:

HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=2777&on=2664
18:20:22 JUL 29 2024
FERGUSON WATERWORKS #2777
Price Quotation
Phone: 661-396-3230
Fax: 661-397-7429
Bid No: B003030
Bid Date: 07/29/24
Quoted By: RXC
Cust Phone: 661-792-3058
Terms: NET 10TH PROX
Customer: CITY OF MCFARLAND
401 WEST KERN AVENUE
MCFARLAND, CA 93250-1352
Ship To: CITY OF MCFARLAND
401 WEST KERN AVENUE
MCFARLAND, CA 93250-1352
Cust PO#: WASTEWATER Job Name: HIDROSTAL SUB PUMPS

Item Description Quantity Net Price UM Total
SP-HD4KLT 2 HIDROSTAL D4K-LT SUB PUMP 1 48805.870 EA 48805.87 Net Total: $48805.87
Tax: $4038.86
Freight: $150.00
Total: $52994.73
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A

FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.

ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at
Govt Buyers: All items are open market unless noted otherwise.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 7.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: August 22, 2024
TO: Honorable Mayor and Council Members
FROM: Yerlys Hernandez , Public Works Director
Diego Viramontes, City Manager
SUBJECT: Approval of Resolution No. 2024-97 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND ACCEPTING THE BID SUBMITTED BY TALLEY OIL, INC. FOR THE STREET REJUVENATION AND SLURRY SEAL PROJECT AT VARIOUS LOCATIONS IN THE AMOUNT OF $277,115.50,

AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE

CONSTRUCTION AGREEMENT, AND APPROVING AN APPROPRIATION
OF $157,526.50 TO THE GENERAL FUND
SUMMARY:

The City of McFarland allotted a total of $147,300 combined for fiscal years 2023-24 and 2024- 25 to utilize for Asphalt Rejuvenation at Various Locations. Staff utilized Pavement Management Software to establish a list of Streets that were good candidates for Reclamite Rejuvenation and Slurry Seal.

With the current condition of our roads, it is crucial to start taking a proactive approach to salvage and preserve our streets before they get to the point of having to reconstruct them.

Reclamite is a rejuvenating product that extends the life of fair conditioned roads 5-7 years.

Slurry seal is a combination of aggregate, emulsified asphalt, and water. Slurry Seal can be useful on roads that show more signs of wear and cracking and can extend life up to 7 years.

On July 20, 2024 Staff put out to bid the Street Rejuvenation and Slurry Seal project at Various locations Project which consisted of 27 streets to receive reclamite and 15 streets to receive slurry seal.

On August 8, 2024 at 2:15 PM. sealed bids were opened for this project. A total of two (4) bids were received and opened by the Public Works Director with the City Clerk and Assistant Public Works Director present. The following is the tabulation of the bids received:

BIDDER Bid Total
Talley Oil Inc. $277,115.50
Kern Asphalt Paving &
Sealing Co. Inc.
$411,465.15
VSS International $430,120.00
C.R. Contracting $495,487.45
The Public Works Director has reviewed and qualified the lowest responsible bidder, Talley Oil

Inc, by checking their contractors license number, DIR registration number, and References of previously completed projects. The City is allowing 30 working days for the contractor to complete the project.

FINANCIAL IMPACT:

The total estimated cost of the construction phase of this project is $304,826.50 including contingencies.The current budget includes $147,300 for street rejuvenation projects. As such, staff is requesting an appropriation of $157,526.50 to the General Fund. This additional appropriation will be offset with gas tax funds.

RECOMMENDATION:

Staff recommends City Council approve Resolution No. 2024-97 accepting the lowest responsive and responsible bidder, award the project and to execute a construction agreement with Talley Oil, Inc. in the amount of $277,115.50 for the Street Rejuvenation and Slurry Seal Project and authorize the City Manager to execute the construction agreement.

Additionally, Staff recommends the approval in the amount of $27,711 for Construction Contingency. These funds will be utilized for unforeseen work that may arise during the course of construction which was unforeseen at the time of bidding. The management of this project will be done in house to save on cost.

ATTACHMENTS:

1. Bid Opening Checklist 8-8-2024

2. Talley Oil Bid

3. McFarland - Street Rejuv_Slurry-PLANS

4. Construction Agreement - Talley Oil - Street Rejuv Project

RESOLUTION NO. 2024-97

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ACCEPTING THE BID SUBMITTED BY TALLEY OIL, INC. FOR THE STREET REJUVENATION AND SLURRY SEAL PROJECT AT VARIOUS LOCATIONS IN THE AMOUNT OF $277,115.50,

AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE CONSTRUCTION AGREEMENT, AND APPROVING AN APPROPRIATION OF $157,526.50 TO THE

GENERAL FUND
WHEREAS, the City Council has identified the need for street rejuvenation and slurry seal projects at various locations throughout the city to extend the life of the streets and enhance their condition; and
WHEREAS, in response to the City’s request for proposals, Talley Oil, Inc. submitted a bid in the amount of $277,115.50 for the completion of the street rejuvenation and slurry seal project; and WHEREAS, City staff have reviewed the bid from Talley Oil, Inc. and determined that it meets the necessary requirements and specifications for the project; and WHEREAS, the City Council desires to accept the bid from Talley Oil, Inc., and authorize the City Manager to sign and execute the construction agreement on behalf of the City of McFarland; and WHEREAS, the total project cost, including a contingency of $27,711.55, requires an appropriation of $157,526.50 to the General Fund to ensure adequate funding for the project.

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. Authorizes the award of a Construction Agreement to Talley Oil Inc., for the Street Rejuvenation and Slurry Seal Project, in the Amount of $277,115.50 – Base Bid.

3. Authorizes the City Manager to execute the Construction Agreement.

4. An appropriation of $157,526.50 to the General Fund is hereby approved to cover the project costs, including the base bid amount and a contingency of $27,711.55.

5. The City Clerk shall certify to the passage and adoption of this resolution.

6. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on August 22, 2024 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
María T. Pérez
Anita Gonzalez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, City Clerk
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. _____________________________
Erika De La Cruz, City Clerk

W. KERN AVE. BHT05
4TH ST.
"CLOSED" SEE SHT-06

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
SLURRY AND RECLAMITE STREET LIST 2024-01 1 6

W. KERN AVE. BHT05
4TH ST.
"CLOSED" SEE SHT-06

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
RECLAMITE AREAS 1 & 3 2024-01 RECLAMITE AREAS 1 & 3 AREA 1 AREA 3 2 6

W. KERN AVE. BHT05
4TH ST.
"CLOSED" SEE SHT-06

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
RECLAMITE AREA 2 2024-01 Reclamite AREA 2 AREA 2 3 6

W. KERN AVE. BHT05
4TH ST.
"CLOSED" SEE SHT-06

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
SLLURRY AREA 1 2024-01 SLURRY AREA 1 AREA 1 4 6

W. KERN AVE. BHT05
4TH ST.
"CLOSED" SEE SHT-06

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
SLURRY AREA 2 2024-01 SLURRY AREA 2 AREA 2 5 6

W. KERN AVE. BHT05
4TH ST.
"CLOSED" SEE SHT-06

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
SLURRY AREA 3 2024-01 SLURRY AREA 3 AREA 3 6 6

64 CONTRACT DOCUMENTS
(TO BE EXECUTED BY SUCCESSFUL BIDDER)

65 SAMPLE AGREEMENT
AGREEMENT NO. 2024-02

PUBLIC WORKS AGREEMENT
By and Between

CITY OF MCFARLAND
and
TALLEY OIL, INC.

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AGREEMENT NO. 2024-02

PUBLIC WORKS AGREEMENT

BETWEEN

THE CITY OF MCFARLAND
AND
TALLEY OIL, INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 22 day of August, 2024 by and between the CITY OF MCFARLAND, a municipal corporation (“City”) and TALLEY OIL, a California Corporation (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

C. Pursuant to the City of McFarland Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Contract Documents for the project entitled Street Rejuvenation and Slurry Seal at Various Locations (“Project”), in accordance with the terms and conditions of this Agreement, which may be referred to as the “services” or “work” hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Contract Documents and all local, state, and federal laws and regulations. As used herein, “Contract Documents” refers to all of the documents included in the solicitation of bids for the Project and Contractor’s bid proposal(s), including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Bid, Federal Provisions, Applicable Federal Wage Decision (if any), General Provisions, Special Provisions, Appendices, Plans, Drawings, and Addenda, and any other documents included, referenced, or incorporated therein. The Contract Documents are incorporated into this Agreement. In the event of any conflict or inconsistency between the terms of the Contract Documents and this

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Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Caltrans Specifications.

The provisions of the Caltrans Standard Specifications (as the same may be updated, amended, or supplemented from time to time, “Standard Specifications”) are incorporated herein, except as explicitly modified by the Contract Documents. The applicable version of the Standard Specifications shall be the version referenced in the Contract Documents, and if no version is referenced in the Contract Documents, the applicable version shall be the most recent version. In the event of any conflict or inconsistency between the provisions of the Standard Specifications and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. (b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed.
(c) Prevailing Wages. Contractor shall pay prevailing wages as required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested Party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the state or federal prevailing wage applicable to each laborer, whichever is higher. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City

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of the location of the records.
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (g) Eight-Hour Workday. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. (h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay. (i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” (j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and

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interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work to be performed, (ii) has carefully considered how the work should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown, or latent physical conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, that will materially affect the performance of Contractor’s services hereunder. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, the performance of any part of the work, the City shall issue a change order in accordance with Section 1.11 of this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement.

Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.

1.7 Unidentified Utilities.

To the extent required by Government Code Section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the Project site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility

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in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

This Section 1.8 shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Contract Documents, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of this Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.10 Warranty.

Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement, or the Contract Documents, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance of the Project by the City, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Notwithstanding the foregoing, Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of its subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as

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the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Contract Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work or materials at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.

Change orders shall be processed as provided in the Standard Specifications, as may be amended by the Contract Documents and as follows:

The City Manager or their designee shall have authority to fully execute change orders up to any compensation or time extension constraints that may be imposed by the City Council, if any at the time of approval of this agreement.

1.12 Grant Fund Requirements.
(a) Federal Funds; Uniform Requirements. If the Project is funded in whole or in part by federal funds, as indicated in Contract Documents, City and Contractor shall comply with all applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) (“Uniform Requirements”), which are incorporated herein by reference. In the event of any inconsistency between the applicable Uniform Requirements and the other provisions of the Agreement, the applicable Uniform Requirements shall prevail. (b) Grant Requirements. In the Project is funded in whole or in part by any grant funds, as indicated in the Contract Documents, City and Contractor shall comply with all requirements and conditions of the grant(s), which are incorporated herein by this reference.

1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. (If REQUIRED CONTRACT PROVISIONS FOR FEDERALAID CONSTRUCTION CONTRACTS applies, attach as Exhibit “B”) ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference. Subject LOCAL FUNDED PROJECT Page 99 of 185
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to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of TWO HUNDRED SEVENTY SEVEN THOUSAND ONE HUNDRED FIFTEEN DOLLARS AND FIFTY CENTS ($277,115.50) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Contract Documents and this Agreement. The Contract Sum shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Contract Documents unless the Bid or Contract Documents explicitly provide for a lump sum payment.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in Exhibit A. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Finance Director. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this Agreement.

It shall be the responsibility of the Contractor to maintain an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each employee in accordance with Labor Code Section 1776, and ensure that each subcontractor also complies with all provisions of Labor Code Section 1776 and this contract provision.

2.3 Payment.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred comply with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a

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document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention; Substitution of Securities.

City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement.

The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Thirty (30) working days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance with any schedule contained in or required to be provided by the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply as set forth below.

3.2 Force Majeure.

The time period(s) for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

3.3 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of TWO HUNDRED FIFTY DOLLARS AND ZERO CENTS ($250.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to

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provide for removal or relocation of utility facilities.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.

For purposes of this Agreement, the Principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.

Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. Neither Contractor, nor any of Contractor’s officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly

waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The “Project Manager” for the City shall be the Public Works Director or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in, or authority over, the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its Principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification obligation to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City.

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(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions.

The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area.
(f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation.

The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.

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(b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors.
(d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it.

The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. (e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors. (g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

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(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other Party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractor’s) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any

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negligence regarding the work, use of improper materials or equipment in construction of the work, negligence or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by the Contractor (or it employees /agents) or its subcontractors (or their employees / agents) during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage which is caused by the sole or active negligence or willful misconduct of the City as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-Party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following in the form required under the Contract Documents or otherwise by the City Clerk:
(a) A performance bond in the amount of the Contract Sum of this Agreement, which secures the faithful performance of this Agreement (“Performance Bond”). (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
(c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.11 of this Agreement, in an amount not less than 5% of the Contract Sum.

The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.

City shall release the Performance Bond and Payment Bond when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other

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requirements under Article 5 of this Agreement, (b) the work for the Project has be finally accepted by the City, and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Payment Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required under Article 5 of this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

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All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse, or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse, or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager. (b) Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the work performed with respect to the Project.

City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Fresno, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Fresno, State of California.

7.2 Termination.

The City may terminate this Agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained or contained in the Specifications at the time and in the manner as required. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid to the Contractor upon demand.

7.3 Dispute Resolution Process.
(a) Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. (b) For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
(c) The following requirements apply to all claims to which this Section applies:
i. Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions.

Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
ii. Supporting Documentation. The Contractor shall submit all claims in the following format:

1. Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based.

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2. List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.

3. Chronology of events and correspondence related to the claim.

4. Statement of grounds for the claim.

5. Analysis of the claim’s cost, if any.

6. Analysis of the claim’s time/schedule impact, if any. (d) City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
i. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
ii. Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. iii. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. (e) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(f) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in

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writing, unless the Parties agree to select a mediator at a later time. i. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
ii. For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third Party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. iii. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. iv. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (g) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims. (h) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (i) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
i. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the procedures in this Section. The mediation

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process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
ii. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
iii. Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
iv. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code Section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further

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acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third Party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction.

9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of McFarland, 401 W Kern Ave, McFarland, CA 93250, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

This Agreement, together with the documents incorporated herein (including the Standard Specifications and the Contract Documents) and the exhibits attached hereto constitutes the entire, complete, and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this

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Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third Party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third Party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement.

Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year firstabove written.

CITY:

CITY OF MCFARLAND, a municipal
corporation
Saul Ayon, Mayor
ATTEST:

Erika De La Cruz, City Clerk
APPROVED AS TO FORM:

HODGES LAW GROUP
By:

Nathan M. Hodges, City Attorney
CONTRACTOR:

TALLEY OIL, INC.

By:

Name:

By:

Name:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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PAGE LEFT BLANK INTENTIONALLY

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EXHIBIT A
CONTRACTOR’S BID

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EXHIBIT B

SPECIAL REQUIREMENTS

City of McFarland
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TABLE OF CONTENTS

GENERAL PROVISIONS

SECTION PAGE
1 DEFINITIONS, TERMS, AND ABBREVIATIONS 5
1-1 DEFINITIONS 5
1-2 TERMS 6
1-3 ABBREVIATIONS 6
2 PROPOSAL REQUIREMENTS AND CONDITIONS 7
2-1 CONTRACT DOCUMENTS 7
2-2 LICENSE 7
2-3 PROPOSALS 7
2-4 WITHDRAWAL OF BID 8
2-5 BIDDERS INTERESTED IN MORE THAN ONE BID 8
2-6 INTERPRETATION OF PLANS AND OTHER CONTRACT

DOCUMENTS
8 2-7 ADDENDA 8
2-8 EXISTING CONDITIONS AND EXAMINATION OF

CONTRACT DOCUMENTS
8 3 AWARD AND EXECUTION OF CONTRACT 9
3-1 AWARD OF CONTRACT OR REJECTION OF BIDS 9
3-2 EXECUTION OF CONTRACT 10
3-3 BONDS 10
3-4 INSURANCE REQUIREMENTS 10
3-5 FAILURE TO EXECUTE CONTRACT 10
4 SCOPE OF WORK 11
4-1 WORK TO BE DONE 11
4-2 CHANGES IN THE WORK 11
4-3 OBSTRUCTIONS 11
4-4 UTILITIES 11
4-5 PLANS AND SPECIFICATIONS FURNISHED BY THE CITY 12
4-6 FINAL CLEANUP 13
5 QUALITY OF THE WORK 13
5-1 AUTHORITY OF THE CITY'S REPRESENTATIVE 13
5-2 SUPPLEMENTAL DRAWINGS 13
5-3 CONFORMITY WITH CONTRACT DOCUMENTS AND

ALLOWABLE DEVIATIONS
13 5-4 MANUFACTURER'S INSTRUCTIONS 13
5-5 COORDINATION OF PLANS AND SPECIFICATIONS 13
5-6 INTERPRETATION OF PLANS AND SPECIFICATIONS 14
5-7 ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR 14
5-8 SUPERVISION AND SUPERINTENDENCE 14
5-9 SHOP DRAWINGS 15
5-10 QUALITY AND SAFETY OF MATERIALS AND EQUIPMENT 16
5-11 STANDARDS, CODES, SAMPLES, AND TESTS 16

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5-12 OBSERVATION OF WORK BY CITY'S REPRESENTATIVE 17
5-13 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK 17
5-14 ONE-YEAR GUARANTEE 17
6 PROSECUTION AND PROGRESS 19
6-1 SUBCONTRACTING 19
6-2 ASSIGNMENT 19
6-3 CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST

BREAKDOWN
19 6-4 TIME FOR COMPLETION AND FORFEITURE DUE TO
DELAY
19 6-5 EXTENSION OF TIME 20
6-6 USE OF COMPLETED PORTIONS 21
7 LEGAL RELATIONS AND RESPONSIBILITIES 21
7-1 OBSERVING LAWS AND ORDINANCES 21
7-2 PERMITS AND LICENSES 22
7-3 INVENTIONS, PATENTS, AND COPYRIGHTS 22
7-4 PUBLIC CONVENIENCE AND SAFETY 22
7-5 RESPONSIBILITY FOR LOSS, DAMAGE, OR INJURIES 22
7-6 CONTRACTOR'S RESPONSIBILITY FOR THE WORK 23
7-7 PRESERVATION OF PROPERTY 23
7-8 REGIONAL NOTIFICATION CENTER CONTACT 24
7-9 EXCAVATION 24
7-10 SAFETY 25
7-11 PERSONAL LIABILITY 26
7-12 INDEMNITY 26
7-13 HOURS OF LABOR 26
7-14 PREVAILING WAGE 27
7-15 TRAVEL AND SUBSISTENCE PAYMENTS 27
7-16 APPRENTICES 28
7-17 WARRANTY OF TITLE 28
7-18 PROPERTY RIGHTS IN MATERIALS 28
7-19 MUTUAL RESPONSIBILITY OF CONTRACTORS 29
7-20 TERMINATION FOR BREACH 29
7-21 NOTICE AND SERVICE THEREOF 30
7-22 PARTIAL INVALIDITY 31
7-23 ATTORNEYS' FEES 31
7-24 LANDS AND RIGHTS-OF-WAY 31
7-25 WAIVER OF RIGHTS 31
7-26 TAXES 31
7-27 ASSIGNMENT OF ANTI-TRUST ACTIONS 31
7-28 PAYROLL RECORDS 32
7-29 RESOLUTION OF CLAIMS 33
8 CONTRACTOR'S INSURANCE 33
8-1 GENERAL 33

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8-2 WORKERS' COMPENSATION AND EMPLOYERS'

LIABILITY INSURANCE
33 8-3 LIABILITY INSURANCE 33
8-4 BUILDERS' RISK "ALL RISK" OR INSTALLATION FLOATER

INSURANCE
34 8-5 EARTHQUAKE AND TIDAL WAVE INSURANCE 35
8-6 CONTRACTOR'S LIABILITY NOT LIMITED BY INSURANCE 35
9 ESTIMATES AND PAYMENTS 35
9-1 PAYMENT FOR CHANGES IN THE WORK 35
9-2 PROGRESS PAYMENTS 36
9-3 FINAL ESTIMATE AND PAYMENT 36
9-4 CITY'S RIGHT TO WITHHOLD CERTAIN MOUNTS AND

MAKE APPLICATION THEREOF
36 9-5 WITHHELD CONTRACT FUNDS 37
9-6 REQUIRED RELEASES 38
RELEASE FORM 39

General Provisions - 5

GENERAL PROVISIONS
SECTION 1 DEFINITIONS, TERMS, AND ABBREVIATIONS
1-1 DEFINITIONS
Whenever the following terms occur in the Contract Documents, the meaning shall be interpreted as follows:

ACCEPTANCE, FINAL ACCEPTANCE - The formal action by the City accepting the work as being complete.

ACCEPTED BID - The bid (proposal) accepted by the City.

BIDDER - Any individual, partnership, corporation, joint venture, or other combination thereof submitting a proposal for the work contemplated, acting directly or through an authorized representative.

CITY - The City of McFarland. The term “City” means the City or its authorized representative.

CITY’S REPRESENTATIVE - The person or firm authorized in writing by the City to represent it during the performance of the work by the Contractor. The City’s Representative means the City Engineer or his/her designee.

CONTRACT - The written agreement executed between the City and the Contractor covering the performance of the work.

CONTRACTOR - The individual, partnership, corporation, joint venture, or other combination thereof who has entered into the contract with the City for the performance of the work. The term "Contractor" means the Contractor or his authorized representative.

CONTRACT DOCUMENTS - The contract documents set forth in the Agreement; also any and all supplemental agreements amending or extending the work contemplated. Supplemental agreements are written agreements covering alterations, amendments, or extensions to the contract and include contract change orders.

DAYS - Unless otherwise specified, days shall mean calendar days.

ENGINEER/ARCHITECT - The term "Engineer/Architect" or “Engineer” means the City Engineer for the City of McFarland or his authorized representative.

PLANS, DRAWINGS - The plans (drawings), or reproductions thereof, which show the location, character, dimensions, and details of the work to be done.

SPECIAL PROVISIONS - Additions, deletions, and changes to the General Provisions and Standard Specifications.

SPECIFICATIONS - The directions, provisions, and requirements contained in the General Provisions and Standard Specifications as supplemented by the Special Provisions.

STANDARD SPECIFICATIONS - The contract documents identified or referenced as such.

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City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 6
SUBCONTRACTOR - An individual, partnership, corporation, joint venture, or other combination thereof who has a contract with the Contractor to perform any of the work at the site.

Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof who has a contract with another subcontractor to perform any of the work at the site.

STANDARD DRAWINGS, STANDARD PLANS - That portion of the plans identified or referenced as such.

UTILITY - Public or private fixed works for the transportation of fluids, gases, power, signals, or communications.

WORK - Any and all obligations, duties, and responsibilities necessary to complete the construction assigned to, or undertaken by, the Contractor pursuant to the Contract Documents including all labor necessary to produce such construction and all materials, equipment, and supplies incorporated or to be incorporated in the construction. Also, the completed construction or parts thereof required to be provided under the Contract Documents. 1-2 TERMS
Wherever the terms "required," "permitted," "ordered," "designated," "directed," "prescribed," or terms of like import are used, it shall be understood that the requirements, permission, order, designation, prescription, or direction of the City’s Representative is intended. Similarly, the terms "acceptable," "satisfactory," "or equal," or terms of like import shall mean acceptable to or satisfactory to the City’s Representative, unless otherwise expressly stated. The word "provide" shall be understood to mean furnish and install. Whenever the context so requires, the singular shall include the plural, and the masculine and neuter genders shall each include the other. 1-3 ABBREVIATIONS
Wherever the following abbreviations are used, they shall have the meanings indicated:

AASHTO American Association of State Highway and Transportation Officials AC American Concrete Institute
AGA American Gas Association
A The Asphalt Institute
AIA American Institute of Architects
AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron & Steel Institute
ANSI American National Standards Institute (formerly USASI, USAS, ASA) API American Petroleum Institute
APWA American Public Works Association
AREA American Railway Engineering Association
ASA American Standards Association (Now ANSI)
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating, and Air-Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWS American Welding Society

General Provisions - 7
AWWA
COD
CRSI
IEEE
BFU
NEMA
PCA
American Water Works Association
City of McFarland
Concrete Reinforcing Steel Institute
Institute of Electrical and Electronics Engineers
National Board of Fire Underwriters
National Electrical Manufacturers Association
Portland Cement Association
State Specifications California Standard Specifications, State of California, Department of Transportation, Division of Highways
SSPC Steel Structures Painting Council
UBC Uniform Building Code, Pacific Coast Building Officials Conference of the International Conference of Building Officials
U/L or UL Underwriters' Laboratories, Inc.

USASI or USAS United States of American Standards Institute (Now ANSI) SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2-1 CONTRACT DOCUMENTS
The contract documents are set forth in the agreement form and the definition of "Contract Documents" in the section on DEFINITIONS, TERMS, AND ABBREVIATIONS. 2-2 LICENSE
No bid will be accepted from a bidder who is not licensed to conduct business in the state of California and licensed to perform the class of work defined by the Contract Documents. 2-3 PROPOSALS
Bids shall be made upon the bid form furnished by the City and a part of the Contract Documents.

All bids shall be properly executed and with all items filled in; the signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid.

If the unit price and the total amount named by a bidder for any item are not in agreement, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto.

Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered, except as called for. No oral, telegraphic, or telephonic proposals or modifications will be considered.

Bids shall be accompanied by a "Proposal Guarantee" in the form of a cashier's or a certified check, or bidder's bond or substitute security, in an amount not less than 10 percent of the amount of bid, made payable to or for the benefit of the City. Said check or bond or substitute shall be given as a guarantee that the bidder will enter into a contract and furnish the required bonds or substitutes and insurance certificates and endorsements if awarded the contract, and in case of refusal or failure to enter into said contract and furnish the required bonds or substitutes and insurance certificates and endorsements within 15 calendar days after notice of award by the City in writing, the check and the money represented by said check shall be forfeited to the City, or in the event that a bond or other security is deposited, said security shall be forfeited. Forfeiture does not preclude the City from seeking all other remedies provided by law to recover losses sustained as a
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General Provisions - 8
result of the Contractor's failure to enter into the contract or to furnish the required bonds or substitutes, or insurance certificates and endorsements.

Bids shall be sealed in an envelope marked and addressed as set forth in the Special Provisions.

Bids shall be delivered to the addressee at the location designated in the Notice Inviting Sealed Proposals on or before the day and hour set for the opening of bids in the Notice Inviting Sealed Proposals, and shall bear the name of the bidder. A bid will not be accepted after the date and time designated in the Notice Inviting Sealed Proposals. It is the sole responsibility of the bidder to see that his bid is delivered and received in proper time. Any bid received after said designated date and time shall be returned to the bidder unopened.
2-4 WITHDRAWAL OF BID
A bidder may withdraw his bid by a signed written request any time prior to the date and time for receiving bids designated in the Notice Inviting Sealed Proposals.

The withdrawal of a bid does not prejudice the right of a bidder to file a new bid so long as the new bid is delivered as set forth in the article on PROPOSALS prior to the closing time specified for all bids.
2-5 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, partnership, or corporation shall be allowed to make or file, or be interested in more than one bid for the work, unless alternative bids are called for. A person, partnership, or corporation submitting a sub proposal to a bidder, or who has quoted prices on material to a bidder, is not thereby disqualified from submitting a sub proposal or quoting prices to other bidders. 2-6 INTERPRETATION OF PLANS AND OTHER CONTRACT DOCUMENTS If any person or entity contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications, or other contract documents, or finds discrepancies in, or omissions from the plans and specifications or other contract documents, he may submit to the Engineer/Architect a written request for an interpretation or correction thereof.

The person submitting the request will be responsible for its prompt delivery. An interpretation or correction of the Contract Documents will be made only by Addendum duly issued by the Engineer/Architect. A copy of such Addendum will be mailed or delivered to each person or entity that has received a set of such documents. The City and the Engineer/Architect will not be responsible for any other explanation or interpretation of the documents. 2-7 ADDENDA
Addenda issued before the time in which to submit bids expires shall be included in the bid and shall be made a part of the contract.
2-8 EXISTING CONDITIONS AND EXAMINATION OF CONTRACT DOCUMENTS The bidder represents that he has carefully examined the Contract Documents and the site where the work is to be performed and that he has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect in any manner the performance of the work. The bidder further represents that he has studied all surveys and investigation reports about subsurface and latent physical conditions pertaining to the jobsite, that he has performed such additional surveys and investigations as he deems necessary to complete City of McFarland
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General Provisions - 9
the work at his bid price, and that he has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as they are supposed or believed by theEngineer/Architect to exist; but it is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the City, the Engineer/Architect, and their consultants shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

Where the City or the Engineer/Architect or their consultants have made investigations of subsurface conditions in areas where the work is to be performed, such investigations were made only for the purpose of study and design. The conditions indicated by such investigations apply only at the specific location of each boring or excavation at the time the borings or excavations were made. Where such investigations have been made, bidders or Contractors may inspect the records as to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made at the office of the Engineer/Architect.

The records of such investigations are not a part of the contract and are shown solely for the convenience of the bidder or Contractor. It is expressly understood and agreed that the City, the Engineer/Architect, and their consultants assume no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations; the records thereof; or of the interpretations set forth therein or made by the City’s consultants, the Engineer/Architect or his consultants in the use thereof by the Engineer/Architect, and there is no warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked-for developments may not occur, or that materials other than, or in proportions, densities, or other characteristics different from, those indicated may not be encountered.

When a log of test borings showing a record of the data obtained by the investigation of subsurface conditions by the City, the Engineer/Architect, or their consultants is included with the plans or other documents, it is expressly understood and agreed that said log of test borings does not constitute a part of the contract, represents only the opinion of the City or the Engineer/Architect or their consultants as to the character of the materials encountered by them in the test borings, is included in the plans or other documents only for the convenience of bidders, and its use is subject to all of the conditions and limitations set forth in this article.

The availability or use of information described in this article is not to be construed in any way as a waiver of the provisions of the first paragraph in this article and a bidder or Contractor is cautioned to make such independent investigations and examination as he deems necessary to satisfy himself as to conditions to be encountered in the performance of the work.

No information derived from such inspection of records of investigations or compilation thereof made by the City, the Engineer/Architect, or their consultants will in any way relieve the bidder or Contractor from any risk or from properly fulfilling the terms of the contract nor entitle the Contractor to any additional compensation.

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General Provisions - 10
SECTION 3 AWARD AND EXECUTION OF CONTRACT
3-1 AWARD OF CONTRACT OR REJECTION OF BIDS
The award of the contract, if it be awarded, will be to the lowest responsible responsive bidder complying with the instructions contained in the Contract Documents. The City, however, reserves the right to select the schedules under which the bids are to be compared, to reject any and all bids, and to waive any irregularity in bids received. Award of contract will be based upon all work contemplated in the Base bid. After awarded by the City selection of alternate bids maybe added. If, in the judgment of the City, a bid is unbalanced or if the bidder is not responsible, it shall be considered sufficient grounds for rejection of the entire bid.

The City shall have the period of time set forth in the Special Provisions after the opening of bids within which to accept or reject the bids. No bidder may withdraw his bid during said period. The City will return the proposal guarantees, except any guarantees which have been forfeited, and except bidders' bonds, to the respective bidders whose proposals they accompanied within ten days after the execution of the contract by the successful bidder or rejection of all bids or upon receipt of a written request therefore received after said period of time set forth in the Special Provisions.

Before award of the contract, any bidder shall furnish upon request a recent statement of his financial condition and previous construction experience or such other evidence of his qualifications as may be requested by the City. If a bidder fails to furnish in a timely manner the information requested, it shall be considered sufficient grounds for rejection of such bidder's entire bid.
3-2 EXECUTION OF CONTRACT
The form of agreement, bonds, and other documents which the successful bidder, as Contractor, will be required to execute are included as a part of the Contract Documents.

The contract shall be signed by the successful bidder and returned to the City, together with the bonds and certificates of insurance and endorsements, within 15 calendar days or such additional time as may be allowed by the City from the date of the mailing of notice from the City to the bidder or from the date of personal delivery of notice from the City to the bidder that the agreement is ready for signature. The agreement, bonds, certificates of insurance and endorsements, and other documents to be executed by the Contractor shall be executed in original-quadruplicate, one each of which shall be filed with the City and one each with the Attorney for the City and the Engineer/Architect for the City.
3-3 BONDS
The successful bidder, simultaneously with the execution of the Agreement, shall furnish a payment bond and a performance bond each in an amount equal to 100 percent of the contract amount, or equivalent cash or security in lieu of bonds pursuant to Section 995.710 of the Code of Civil Procedure. Bonds shall be furnished by surety companies satisfactory to the City on the forms furnished as part of the Contract Documents. Surety companies, to be acceptable to the City, must be authorized to do business and have an agent for service of process in California. 3-4 INSURANCE REQUIREMENTS
The successful bidder will be required to furnish the City proof of full compliance with all insurance requirements as specified in the section on CONTRACTOR'S INSURANCE. The forms
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General Provisions - 11
of certificate of insurance and endorsement which the successful bidder, as Contractor, will be required to furnish are included as a part of the Contract Documents. 3-5 FAILURE TO EXECUTE CONTRACT
Failure by a bidder to whom the contract is awarded to execute the contract or to furnish the required bonds or insurance certificates and endorsements shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee.

A bidder who is awarded the contract and fails to execute the contract or furnish the required bonds or insurance certificates and endorsements shall be liable to the City for all damages resulting therefrom including reasonable attorneys' fees. The proposal guarantee forfeited shall not be a limitation thereon.

SECTION 4 SCOPE OF WORK
4-1 WORK TO BE DONE
The work to be done consists of furnishing all transportation, labor, materials, tools, equipment, services, permits, utilities and all other items which are necessary or appurtenant to construct and complete the entire project and construct the project designated in the Contract Documents, and to leave the grounds in a neat and presentable condition.
4-2 CHANGES IN THE WORK
The City may require changes in, additions to, or deductions from the work, including complete termination thereof. Adjustment, if any, in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction shall be determined as set forth in the section on ESTIMATES AND PAYMENTS.

The City’s Representative may order minor changes in the work not involving an increase or decrease in the contract amount, not involving a change in the time for completion, and not inconsistent with the purposes for which the work is being constructed. If the Contractor believes that any order for minor changes in the work involves changes in the contract amount or time for completion, he shall not proceed with the minor changes so ordered and shall within seven days of the receipt of such order notify the City’s Representative in writing of his estimate of the changes in the contract amount and time for completion he believes to be appropriate.

No payment for changes in the work will be made, and no changes in the time for completion by reason of changes in the work will be made, unless the changes are covered by a written change order approved by the City in advance of the Contractor's proceeding with the changed work. 4-3 OBSTRUCTIONS
The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character necessary to accommodate the work. Where such obstructions consist of improvements not required by law to be removed by the owner thereof, all such improvements shall be removed, maintained, and permanently replaced by the Contractor at his expense except as otherwise specifically provided in the Contract Documents.

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4-4 UTILITIES
The Engineer/Architect has endeavored to determine the existence of utilities at the site of the work from the records of the owners of known utilities in the vicinity of the work. The positions of these utilities as derived from such records are shown on the plans. The service connections to these utilities may not be shown on the plans.

The Contractor shall make his own investigations, including exploratory excavations, to determine the locations and type of existing service laterals or appurtenances when their presence can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the work. If the Contractor discovers utility facilities not identified in the plans or specifications or in a position different from that shown in the plans and specifications, he shall immediately notify in writing the City’s Representative and the owner of the utility facility.

The City shall have the responsibility for the timely removal, relocation, protection, and temporary maintenance of existing main or trunk line utility facilities which are not indicated in the plans and specifications with reasonable accuracy.

In case it should be necessary to remove, relocate, protect, or temporarily maintain a utility because of interference with the work, the work on such utility shall be performed and paid for as follows:

When it is necessary to remove, relocate, protect, or temporarily maintain an existing main or trunk line utility facility not indicated in the plans and specifications with reasonable accuracy, the City will compensate the Contractor for the costs of locating, for the costs of repairing damage not due to the failure of the Contractor to exercise reasonable care, for the costs of removing, relocating, protecting, or temporarily maintaining such utility facilities, and for the costs for equipment on the site necessarily idled during such work. These costs, the work to be done by the Contractor in locating, removing, relocating, protecting, or temporarily maintaining such utility facilities shall be covered by a written change order conforming to the provisions of the article on CHANGES IN THE WORK and the article on PAYMENT FOR CHANGES IN THE WORK. The City may make changes in the alignment and grade of the work to obviate the necessity to remove, relocate, protect, or temporarily maintain such utility facilities or to reduce the costs of the work involved in removing, relocating, protecting, or temporarily maintaining such utility facilities. Changes in alignment and grade will be ordered in accordance with the article on CHANGES IN THE WORK.

When it is necessary to remove, relocate, protect, or temporarily maintain a utility (other than [1] existing main or trunk line utility facilities not indicated in the plans and specifications with reasonable accuracy, or [2] existing service laterals or appurtenances when their presence cannot be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the work) the cost of which is not required to be borne by the owner thereof, the Contractor shall bear all expenses incidental to the work on the utility or damage thereto. The work on the utility shall be done in a manner satisfactory to the owner thereof; it being understood that the owner of the utility has the option of doing such work with his own forces, or permitting the work to be done by the Contractor.

No representations are made that the obligations to remove, relocate, protect, or temporarily maintain any utility and to pay the cost thereof is or is not required to be borne by the owner of such utility, and it shall be the responsibility of the Contractor to investigate to find out whether or not said cost is required to be borne by the owner of the utility.

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The right is reserved to governmental agencies and to owners of utilities to enter at any time upon any street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the work and for the purpose of maintaining and making repairs to their property.
4-5 PLANS AND SPECIFICATIONS FURNISHED BY THE CITY
The City will furnish to the Contractor free of charge all copies of plans and specifications reasonably necessary for the execution of the work. The Contractor shall keep one set of plans and specifications in good order available to the City’s Representative at the site of the work. 4-6 FINAL CLEANUP
Upon completion and before making application for acceptance of the work, the Contractor shall clean all rights-of-way, streets, borrow pits, and all other grounds occupied by him in connection with the work of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work and grounds occupied by him shall be left in a neat and presentable condition.

SECTION 5 QUALITY OF THE WORK
5-1 AUTHORITY OF THE CITY’S REPRESENTATIVE
The City’s Representative shall decide any and all questions which may arise as to the interpretation of the plans and specifications and shall have authority to disapprove or reject materials and equipment furnished and work performed which, in his opinion, is not in accordance with the Contract Documents.
5-2 SUPPLEMENTAL DRAWINGS
The plans may be supplemented by such drawings as are necessary to better define the work. All such drawings delivered to the Contractor by the City’s Representative shall be deemed written instructions to the Contractor. If the Contractor believes that any supplemental drawings call for changes in the work for which the contract amount or time for completion should be changed, he shall not proceed with the changes in the work so called for and shall within seven days of the receipt of the supplemental drawings notify the City’s Representative in writing of his estimate of the changes in the contract amount and time for completion he believes to be appropriate.

No payment for changes in the work will be made and no change in the time for completion by reason of changes in the work will be made, unless the changes are covered by a written change order approved by the City in advance of the Contractor's proceeding with the changed work. 5-3 CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE

DEVIATIONS
The work shall conform to the lines, grades, dimensions, tolerances, and material and equipment requirements shown on the plans or set forth in the specifications. Although measurement, sampling, and testing may be considered evidence as to such conformity, the City’s Representative shall be the sole judge as to whether the work or materials deviate from the plans and specifications, and his decision as to any allowable deviations therefrom shall be final.

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If specific lines, grades, and dimensions are not shown on plans, those furnished by the City’s Representative shall govern.
5-4 MANUFACTURER'S INSTRUCTIONS
All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the Contract Documents. 5-5 COORDINATION OF PLANS AND SPECIFICATIONS
The specifications, plans, and other contract documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for the complete work. In the event of an apparent difference between plans and specifications, reference shall be made to the City’s Representative whose decision thereon shall be final.

Special Provisions shall govern over General Provisions and Standard Specifications. 5-6 INTERPRETATION OF PLANS AND SPECIFICATIONS
Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed.

Work not particularly shown or specified shall be the same as similar parts that are shown or specified. Large-scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. Materials or work described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the plans or specifications, reference shall be made to the City’s Representative whose decision thereon shall be final.
5-7 ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR
It is the duty of the Contractor to promptly notify the City’s Representative in writing of any design, materials, or specified method that the Contractor believes may prove defective or insufficient. If the Contractor believes that a defect or insufficiency exists in design, materials, or specified method and fails to promptly notify the City’s Representative in writing of this belief, the Contractor waives any right to assert that defect or insufficiency in design, materials, or specified method at any later date in any legal or equitable proceeding against City, or in any subsequent arbitration or settlement conference between the City and the Contractor. The City’s Representative, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after he comes to the belief that a defect or insufficiency exists in design, materials, or specified method which is directly or indirectly affected by such alleged defect or insufficiency in design, materials, or specified method will be at his own risk and he shall bear all cost arising therefrom.

If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the specifications and the plans or between either of them and the physical conditions at the site of the work or finds any error or omission in any of the plans or in any survey,
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he shall promptly notify the City’s Representative of such discrepancy, error, or omission. If the Contractor observes that any plans or specifications are at variance with any applicable law, ordinance, regulation, order, or decree, he shall promptly notify the City’s Representative in writing of such conflict. The City’s Representative, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after his discovery of such error, discrepancy, or conflict which is directly or indirectly affected by such error, discrepancy, or conflict will be at his own risk and he shall bear all cost arising therefrom. 5-8 SUPERVISION AND SUPERINTENDENCE
The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but the Contractor shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents except as otherwise provided in the article on ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR.

The Contractor shall be responsible to see that the completed work complies with the Contract Documents.

The Contractor shall designate and keep on the work at all times during its progress a competent superintendent who shall not be replaced without written notice to the City’s Representative. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor. During periods when the work is suspended, the Contractor shall make appropriate arrangements for any emergency work which may be required.

Whenever the superintendent is not present on any particular part of the work where the City’s Representative may desire to inform the Contractor relative to interpretation of the plans and specifications or to disapproval or rejection of materials or work performed, the City’s Representative may so inform the foreman or other worker in charge of the particular part of the work in reference to which the information is given. Information so given shall be as binding as if given to the superintendent.
5-9 SHOP DRAWINGS
Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by the Contractor or any subcontractor, manufacturer, supplier, or distributor and which illustrate some portion of the work.

The Contractor shall review, mark with his approval, and submit for review by the City’s Representative Shop Drawings as called for in the Special Provisions and Standard Specifications or requested by the City’s Representative. Drawings shall be submitted in sextuplet to the City’s Representative and be accompanied by a letter of transmittal listing the drawings submitted.

Drawings shall show the name of the project, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors. If the Shop Drawings incorporate any documents prepared by the Engineer/Architect,such Shop Drawings shall not reproduce the registration stamp or company logo of the Engineer/Architect. Shop Drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work.

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Shop Drawings shall be complete in all respects. If the Shop Drawings show any deviations from the requirements of the plans and specifications because of standard shop practices or other reasons, the deviations and the reasons therefor shall be set forth in the letter of transmittal.

By submitting Shop Drawings, the Contractor represents that material, equipment, and other work shown thereon conforms to the plans and specifications, except for any deviations set forth in the letter of transmittal.

Within 30 calendar days after receipt of said drawings, the City’s Representative will return two of the copies of the drawings to the Contractor with any comments noted thereon. If so noted by the City’s Representative, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor in the letter of transmittal accompanying resubmitted Shop Drawings shall direct specific attention to revisions other than the corrections requested by the City’s Representative on previous submittals.

The review by the City’s Representative is only of general conformance with the design concept of the project and general compliance with the plans and specifications and shall not be construed as relieving the Contractor of the full responsibility for: providing materials, equipment, and work required by the contract; the proper fitting and construction of the work; the accuracy and completeness of the Shop Drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner.

No portion of the work requiring a Shop Drawing submittal shall be commenced until the submittal has been reviewed by the City’s Representative and returned to the Contractor with a notation indicating that resubmittal is not required.

If the Contractor believes that any Shop Drawing or communication relative thereto calls for changes in the work for which the contract amount or time for completion should be changed, he shall not proceed with the changes in the work so called for and shall promptly notify the City’s Representative in writing of his estimate of the changes in the contract amount and time for completion he believes to be appropriate. No payment for changes in the work will be made and no change in the time for completion by reason of changes in the work will be made, unless the changes are covered by a written change order approved by the City in advance of the Contractor's proceeding with the changed work.
5-10 QUALITY AND SAFETY OF MATERIALS AND EQUIPMENT
All equipment, materials, and supplies to be incorporated in the work shall be new, unless otherwise specified. All equipment, materials, and supplies shall be produced in a good and workmanlike manner. When the quality of a material, process, or article is not specifically set forth in the plans and specifications, the best available quality of the material, process, or article shall be provided.

Whenever any material, process, or article is indicated or specified by grade, patent or proprietary name, or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the materials, process, or articles desired and shall be deemed to be followed by the words "or (approved) equal," and the Contractor may offer any material, process, or article which shall be substantially equal or better in every respect to that so indicated or specified; provided, however, that if the material, process, or article offered by the Contractor is not, in the opinion of the City’s Representative, equal or better in every respect to that specified, then the Contractor must furnish the material, process, or article specified or one that in the opinion
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of the City’s Representative is the substantial equal or better in every respect. In the event that the Contractor furnishes material, process, or article more expensive than specified, the difference in cost of such material, process, or article so furnished shall be borne by the Contractor.

In accordance with Section 3400 of the Public Contract Code, the Contractor shall submit data substantiating requests for substitution of "equal" items within 35 days after award of the contract.

This 35-day period of time is included in the number of days allowed for the completion of the work.

All materials, equipment, and supplies provided shall, without additional charge to City, fully conform with all applicable state and federal safety laws, rules, regulations, and orders, and it shall be Contractor's responsibility to provide only such materials, equipment, and supplies notwithstanding any omission in the Contract Documents therefor or that a particular material, equipment, or supply was specified.
5-11 STANDARDS, CODES, SAMPLES, AND TESTS
Whenever reference is made to a standard, code, specification, or test and the designation representing the date of adoption or latest revision thereof is omitted, it shall mean the latest revision of such standard, code, specification, or test in effect on the day the Notice Inviting Sealed Proposals (Bids) is dated.

Tests shall be made in accordance with commonly recognized procedures of technical organizations and such special procedures as may be prescribed elsewhere in the plans and specifications. The Contractor shall furnish without charge such samples for testing as may be required by the City’s Representative.
5-12 OBSERVATION OF WORK BY CITY’S REPRESENTATIVE
The City’s Representative shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the work.

Whenever the Contractor varies the normal period during which work or any portion of it is carried on each day, he shall give timely notice to the City’s Representative so that the City’s Representative may, if he wishes, be present to observe the work in progress. If the Contractor fails to give such timely notice, any work done in the absence of the City’s Representative will be subject to rejection.

The Contractor shall give timely notice to the City’s Representative in advance of backfilling or otherwise covering any part of the work so that the City’s Representative may, if he wishes, observe such part of the work before it is concealed.

The observation, if any, by the City’s Representative of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and materials and equipment furnished and work performed which is not in accordance with the Contract Documents may be rejected notwithstanding the fact that such materials, equipment, and work have been previously observed by the City’s Representative or that payment therefor has been included in an estimate for payment.

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5-13 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
Any work which does not conform to the requirements of the Contract Documents shall be remedied or removed and replaced by the Contractor, together with any other work which may be displaced in so doing, and no compensation will be allowed him for such removal, replacement, or remedial work. All nonconforming materials shall be immediately removed from the site.

Any work done beyond the lines and grades shown on the plans or established by the City’s Representative or any changes in, additions to, or deductions from the work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered remedied, removed, or replaced at the Contractor's expense.

Upon failure on the part of the Contractor to comply promptly with any order of the City’s Representative made under the provisions of this article, the City’s Representative shall have authority to cause nonconforming materials, rejected work, or unauthorized work to be remedied, removed, or replaced at the Contractor's expense and to deduct the costs from any moneys due or to become due the Contractor.
5-14 ONE-YEAR GUARANTEE
Besides guarantees required elsewhere, the Contractor shall and hereby does guarantee the work for a period of one year after the date of acceptance of the work by the City, except for any portion of the work that is utilized or placed into service by the City in accordance with the provisions of the article on USE OF COMPLETED PORTIONS. The guarantee period for portions of the work so utilized or placed into service shall be one year commencing on the date of the written notification to the Contractor described in the article on USEOF COMPLETED PORTIONS. The Contractorshall repair or remove and replace any and all work, together with any other work which may be displaced in so doing, that is found to be defective in workmanship and/or materials within said one-year periods, without expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the above-mentioned conditions within one week after being notified in writing, the City is hereby authorized to proceed to have the defects remedied and made good at the expense of the Contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. Such action by the City will not relieve the Contractor of the guarantees required by this article or elsewhere in the Contract Documents.

The performance bond and the payment bond shall continue in full force and effect for the guarantee period.

If, in the opinion of the City, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operation of the City, the City will attempt to give the notice required by this article. If the Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may, notwithstanding the provisions of this article, proceed to make such correction or provide such attention; and the costs of such correction or attention shall be charged against the Contractor. Such action by the City will not relieve the Contractor of the guarantees required by this article or elsewhere in the Contract Documents.

This article does not in any way limit the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a guarantee for a longer period. The Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantee or warranty certificates upon completion of the project. No guarantee period, whether provided for in this article or elsewhere, shall in any way City of McFarland
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limit the liability of Contractor or his sureties or insurers under the indemnity or insurance provisions of these General Provisions.

SECTION 6 PROSECUTION AND PROGRESS
6-1 SUBCONTRACTING
If the Contractor shall subcontract any part of this contract, the Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractor and of the persons either directly or indirectly employed by his subcontractor as he is for the acts and omissions of persons directly employed by himself. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and the City. The Contractor shall cause every subcontractor to be bound by the terms of the Contract Documents.

The divisions and sections of the specifications and the identifications of any drawings shall not control the Contractor in dividing the work among subcontractors. 6-2 ASSIGNMENT
The performance of the contract may not be assigned, except upon the written consent of the City.

Consent will not be given to any proposed assignment which would relieve the original Contractor or his surety of their responsibilities under the contract, nor will the City consent to any assignment of a part of the work under the contract.

Upon obtaining a prior written consent of the City, the Contractor may assign moneys due or to become due him under the contract, to the extent permitted by law, but any assignment of moneys shall be subject to all proper setoffs in favor of the City and to all deductions provided for in the contract, and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.

No assignment of this contract will be approved unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the work called for under the contract in favor of all persons, firms, or corporations rendering such services or supplying such materials and that the City may withhold funds due until all work required by the Contract Documents is completed to the City's satisfaction.
6-3 CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST BREAKDOWN Within ten days after execution of the contract, the Contractor shall deliver to the City's Representative a construction progress schedule and cost breakdown in bar chart form showing the proposed dates of commencement and completion and cost of each of the various parts of the work and the anticipated amount of each monthly payment that will become due the Contractor in accordance therewith.
6-4 TIME FOR COMPLETION AND FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the work called for under the contract within the time set forth in the Special Provisions. Time is of the essence in this contract.

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Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this contract entitling the City to terminate the contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in this article and the article on EXTENSION OF TIME.

Failure of the City to insist upon the performance of any covenant or condition within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor's duty to complete performance within the designated periods unless the waiver is in writing.

The City's agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of the Contractor to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this contract entitling the City to terminate.

In accordance with Government Code 53069.85, Contractor agrees to forfeit and pay City the amount per day set forth in the Special Provisions for each and every day of delay which shall be deducted from any payments due or to become due the Contractor.

The Contractor shall not be deemed in breach of this contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, provided the Contractor requests an extension of time in accordance with the procedures set forth in this article and the article on EXTENSION OF TIME. Unforeseeable causes of delay beyond the control of Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the City, or acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the City or the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part or all of the work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond Contractor's control) shall not entitle the Contractor to any additional compensation except as noted below. The sole remedy of the Contractor shall be to seek an extension of time.

The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible if such delays are unreasonable in the circumstances involved and were not within the contemplation of the parties when the contract was awarded to the Contractor. Such actual costs will be determined by the Engineer. The Agency will not be liable for, and in making this determination the Engineer will exclude, all damages which the Engineer determines the Contractor could have avoided by any reasonable means including, without limitation, the judicious handling of forces, equipment, or plant.
6-5 EXTENSION OF TIME
The time specified for completion of all of the work or any part of the work may be extended only by a written change order executed by the City or other written form executed by the City.

Requests for an extension of time must be delivered to the City's Representative within ten consecutive calendar days following the date of the occurrence which caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the City of McFarland
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occurrence causing the delay, and the amount of additional time requested. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor which would support the extension of time requested. Requests for extensions of time failing to include the information specified in this article and requests for extensions of time which are not received within the time specified above shall result in the forfeiture of the Contractor's right to receive any extension of time requested.

If the Contractor is requesting an extension of time because of weather, he shall supply daily written reports to the City's Representative describing such weather and the work which could not be performed that day because of such weather or conditions resulting therefrom and which he otherwise would have performed.

The City's acceptance of the daily reports shall not be deemed an admission of the Contractor's right to receive an extension of time or a waiver of the City's right to strictly enforce the time provisions contained in the Contract Documents.

When the Contractor has submitted a request for an extension of time in accordance with the procedures of this article and the article on TIME FOR COMPLETION AND FORFEITURE DUE TO DELAY, the Governing Body of the City will ascertain the facts and extent of the delay and extend the time for completing the work if, in its judgment, the findings of fact justify such an extension, and its findings of facts thereon shall be final and conclusive. An extension of time may be granted by the Governing Body of the City after the expiration of the time originally fixed in the contract or as previously extended, and the extension so granted shall be deemed to commence and be effective from the date of such expiration.

Any extension of time shall not release the sureties upon any bond required under the contract. 6-6 USE OF COMPLETED PORTIONS
When the work or any portion of it is sufficiently complete to be utilized or placed into service, the City shall have the right upon written notification to the Contractor to utilize such portions of the work and to place the operable portions into service and to operate same.

Upon said notice and commencement of utilization or operation by the City, the Contractor shall be relieved of the duty of maintaining the portions so utilized or placed into operation; provided, however, that nothing in this article shall be construed as relieving the Contractor of the full responsibility for completing the work in its entirety, for making good defective work and materials, for protecting the work from damage, and for being responsible for damage and for the work as set forth in the General Provisions and other contract documents nor shall such action by the City be deemed completion and acceptance, and such action shall not relieve the Contractor, his sureties, or insurers of the provisions of the section on CONTRACTOR'S INSURANCE, the article on INDEMNITY, and the article on GUARANTEES.

SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES
7-1 OBSERVING LAWS AND ORDINANCES
The Contractor shall keep himself fully informed of all laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials used in the work or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the plans, specifications, or contract for the work in relation to any such law, City of McFarland
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ordinance, regulation, order, or decree, he shall forthwith report the same to the City's Representative in writing and cease operations on that part of the work until the City's Representative has given him appropriate instructions as provided for in the article on ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR.

The Contractor shall at all times observe and comply with and shall cause all his agents, employees, subcontractors, and suppliers to observe and comply with all laws, ordinances, regulations, orders, and decrees, and shall hold harmless, indemnify, and defend the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, employees, and agents from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorneys' fees, arising out of or resulting from the violation of any such law, ordinance, regulation, order, or decree by the Contractor, his employees, agents, subcontractors, or suppliers.
7-2 PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. 7-3 INVENTIONS, PATENTS, AND COPYRIGHTS
The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product, or device which is the subject of patent rights or copyrights.

The Contractor shall hold harmless, indemnify, and defend the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, employees, and agents from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorneys' fees, arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, materials, equipment, product or device, and shall defend all such claims in connection with any alleged infringement of such rights. 7-4 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to the public, and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public.

Convenient access to driveways, houses, and buildings along the line of work shall be maintained and temporary crossings shall be provided and maintained in good condition. Not more than one crossing or intersecting street or road shall be closed at any one time.

The Contractor shall provide and maintain such fences, barriers, directional signs, lights, and flagmen as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the construction work and to give directions to the public.
7-5 RESPONSIBILITY FOR LOSS, DAMAGE, OR INJURIES
The Contractor shall be responsible for all claims, demands, or liability from any cause arising out of or resulting from or in connection with the performance of the work, excepting only those as City of McFarland
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may be caused solely and exclusively by the fault or negligence of the City, the Engineer/Architect, the City's Representative, or their consultants, or their directors, officers, employees, and agents.

Such responsibility shall extend to claims, demands, or liability for loss, damage, or injuries occurring after completion of the work as well as during the progress of the work.

In the event any hazardous materials, including but not limited to asbestos, are utilized in construction or hazardous materials are otherwise encountered during construction, the Contractor shall take all appropriate precautions to protect persons and property and shall comply with all applicable regulations for the installation and handling of such hazardous materials. The Contractor is solely responsible for protection of persons and property that could be affected by construction and the Contractor's handling of such materials. 7-6 CONTRACTOR'S RESPONSIBILITY FOR THE WORK
Until the acceptance of the work, the Contractor shall have the responsible charge and care of the work and of the materials to be used therein (including materials for which he has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the no execution of the work.

The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work or the granting of an extension of time from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, shall act at his discretion to prevent such threatened loss or injury.

Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the contracted amount, provided that the work damaged is built in accordance with accepted and applicable building standards and the plans and specifications. For the purposes of this paragraph, "Acts of God" shall include only the following occurrences or conditions and effect: earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves.
7-7 PRESERVATION OF PROPERTY
The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and trees and shrubbery that are not to be removed.

All trees, shrubbery, and landscaping that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, all highway or street facilities, and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor City of McFarland
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entered upon the work or as good as required by the plans and specifications if any such objects are a part of the work being performed.

The fact that any such pipe or other underground facility is not shown on the plans shall not relieve the Contractor of his responsibility under this article.

In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect as may be necessary, all foundations and other parts of all existing structures adjacent to and adjoining the site of the work which are in any way affected by the excavations or other operations connected with the performance of the work. Whenever any notice is required to be given by the City or the Contractor to any adjacent or adjoining landowner or other party before commencement of any work, such notice shall be given by the Contractor.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, shall act at his discretion to prevent such threatened loss or injury.
7-8 REGIONAL NOTIFICATION CENTER CONTACT
Contractor, except in an emergency, shall contact the appropriate regional notification center at least two working days prior to commencing any excavation if the excavation will be conducted in an area or in a private easement which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced and carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.

Emergency shall be defined as a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage (Government Code Section 4216).

Subsurface installation means any underground pipeline, conduit, duct, wire, or other structure operated or maintained in or across a public street or public right-of-way (Government Code Section 4216).

City of McFarland
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City of McFarland
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7-9 EXCAVATION
A. Excavation Plans for Worker Protection Required by Labor Code Section 6705 If the total amount of the contract is in excess of $25,000, the Contractor shall submit to the City for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five (5) feet or more in depth. The plan shall be prepared by a registered civil or structural engineer. As a part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CAL/OSHA Construction Safety Orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders.

The City or the Engineer/Architect or their consultants may have made investigations of subsurface conditions in areas where the work is to be performed. If so, these investigations are identified in the Special Provisions and the records of such investigations are available for inspection at the office of the Engineer/Architect. The detailed plan showing the design of shoring, etc., which the Contractor is required to submit to the City for acceptance in advance of excavation will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or the Engineer/Architect or their consultants; nor will the plan be accepted if it is based on soils-related design criteria which is less restrictive than the criteria set forth in the report on the aforesaid investigations of subsurface conditions.

The detailed plan showing the design of shoring, etc., shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loadings. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench at its top to the near side of the surcharge loads.

Nothing contained in this article shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection.

B. Excavations Below Four (4) Feet
If any work required by this contract includes digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law;

2. Subsurface or latent physical conditions at the site differing from those indicated;

3. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

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Nothing in this section is intended to relieve the Contractor of his responsibility to carefully examine the Contract Documents and the site where the work is to be performed in accordance with Section 2-8 of the General Conditions; to familiarize himself with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may affect the performance of any work; to study all surveys and investigation reports about subsurface and latent physical conditions pertaining to the jobsite; to perform such additional surveys and investigations as the Contractor deems necessary to complete the work at his bid price; and to correlate the results of all such data with the requirements of the Contract Documents.

If the City determines that hazardous waste exists and that conditions exist which Contractor could not discover through the investigations required by the preceding paragraph, the City shall notify the Contractor and the Contractor may request a change order in accordance with the Contract Documents. Nothing in this section shall relieve the Contractor of the obligation to pay all fees and costs associated with removal and cleanup of any hazardous waste used at, or brought to, the jobsite by the Contractor. Nor shall this section relieve the Contractor of responsibility for site conditions discoverable by any investigation required by the preceding paragraph.

In the event that a dispute arises between the City and the Contractor involving hazardous waste and whether site conditions differ materially from those the Contractor could or should have discovered by the investigations required by this contract, the Contractor shall not be excused from the scheduled completion date provided in theContract Documents and shall proceed with all work in the manner and in the time required by the Contract Documents. 7-10 SAFETY
In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to safety of workers and all others.

The right of the Engineer/Architect or the City's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. 7-11 PERSONAL LIABILITY
No director, officer, employee, or agent of the City, the Engineer/Architect, the City's Representative, or their consultants shall be personally responsible for any liability arising under or by virtue of the contract.
7-12 INDEMNITY
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, agents, and employees from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorneys' fees, arising out of or resulting from or in connection with the performance of the work, both on and off the jobsite, provided that any of the foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting therefrom, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable, regardless of whether or not caused in part by
City of McFarland
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any act or omission (active, passive, or comparative negligence included, excepting the active negligence of the City), of a party indemnified hereunder.

In any and all claims against the indemnified parties by any employee of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under the first and fourth paragraphs in this article on INDEMNITY shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable, by or for the Contractor, or any subcontractor, or any supplier, or other persons under workers' compensation acts, disability benefit acts, or other employee acts.

The obligations of the Contractor under the first and fourth paragraphs in this article on INDEMNITY shall not extend to the liability of the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, employees, and agents, arising out of or resulting from or in connection with the preparation or approval of maps, drawings, opinions, reports, surveys, designs or specifications, providing that the foregoing was the sole and exclusive cause of the loss, damage, or injury.

The Contractor shall also indemnify and hold harmless the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages (including damages to the work itself), attorneys' fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the work and all of the Contractor's obligations under the contract. Such costs, expenses, and damages shall include all cost, including attorneys' fees, incurred by the indemnified parties in any lawsuit to which they are a party.
7-13 HOURS OF LABOR
The Contractor shall forfeit as a penalty to the City $25 for each worker employed in the execution of the contract by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code and, in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of 8 hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay as provided in said Section 1815. 7-14 PREVAILING WAGE
The Contractor shall comply with Labor Code Section 1775. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to the City up to $50 for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of the forfeiture will be determined by the Labor Commissioner based on the considerations specified in Labor Code Section 1775. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code Section 1775, to the extent there is insufficient money due a Contractor to cover all penalties forfeited and amounts due, the Division of Labor Standards Enforcement shall be notified of the violation and the Division of Labor Standards Enforcement City of McFarland
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