McFarland City Council
July 23, 2025

administration. The tax will not be operative until the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance at the election. This means that a tax passed in November 2025 would not be imposed and collected until February 2026. The ordinance would also become part of the McFarland Municipal Code.

Ballot Measure Resolution
The Elections Code has specific requirements for placing a ballot measure on the ballot. The attached resolution includes text required by the Elections Code as to the placement on the ballot, consolidation of Election, arguments, the ballot question, synopsis of the measure, and requirements of the Elections Office, City Clerk, and City Attorney.

The attached resolution proposes to call a special election and place the measure on the November ballot an ordinance that would implement a local transaction and use tax in the amount of one cent (1.00%). This will be a general tax. Passage requires a 50% plus one vote of the votes cast, and the City Council must determine by a two-thirds vote to place it on the ballot. Voters will be voting on adoption of the entire Ordinance, but the ballot question to be placed before the voters is limited by statute to 75 words or less, and reads as follows:

MEASURE __
To provide funding for essential city services and projects in the City of McFarland such as:
police patrols, crime prevention, and quick 9-1-1 emergency response; repairing potholes and infrastructure, maintaining streets, revitalizing the downtown area, and improving community facilities, parks, senior services, and other general city services, shall the measure establishing a one percent sales tax providing approximately $1,000,000 annually until ended by voters, requiring citizen oversight, independent audits, and all funds controlled locally, be adopted? The entire Ordinance will be accessible to the public via the County Elections Office, the City’s website, and the McFarland City Clerk’s Office.

Council Preparation of Argument in Support of Measure
Under Elections Code section 9282, a ballot argument on this City Council-sponsored measure may be authored by the City Council, or any members of the Council authorized by that body, or any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations. The City Council is designating the Mayor and Vice Mayor to author the ballot argument in support of the measure. The two names are included in the resolution. The argument may not exceed three hundred (300) words. Those two members may solicit up to three additional signatories.

Impartial Analysis
As required by the Elections Code, the City Attorney will prepare an impartial analysis of the measure, not to exceed five hundred (500) words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit the impartial analysis to the Elections Division by the deadline set by the Elections Office.

Roles and Limitations During Ballot Measure Campaign Period The City can provide educational materials to the public, informing them about the Measure.

But the City cannot expend any time, money, staff resources, or effort advocating a position supporting passage of the ballot measure. Councilmembers and staff can work on the campaign on their own time and at their own expense, provided it is made clear that they are

doing so on their own time and not with City resources. The City Attorney will provide further guidance on this if the Resolution is adopted.

FINANCIAL IMPACT:

Special election costs estiamte at $38,000
Potential new revenue to City $1,000,000 annually.

RECOMMENDATION:

Adopt Resolution No. 2025-110 for the holding of a Special Municipal Election to held on tuesday, November 4, 2025, a ballot measure to adopt an ordinance approving the transaction and use general tax to be administered by the california department of tax and fee administration and requesting that the board of supervisors consolidate that election with the special municipal election held on that same date
ATTACHMENTS:

None

RESOLUTION NO. 2025-110

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND CALLING FOR

THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO HELD ON TUESDAY, NOVEMBER 4, 2025, A BALLOT MEASURE TO ADOPT AN ORDINANCE APPROVING

THE TRANSACTION AND USE GENERAL TAX TO BE ADMINISTERED BY THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION AND REQUESTING

THAT THE BOARD OF SUPERVISORS CONSOLIDATE THAT ELECTION WITH THE

SPECIAL MUNICIPAL ELECTION HELD ON THAT SAME DATE
WHEREAS, under the provisions of the laws relating to general law cities in the State of California a Special Municipal Election shall be held in the City of McFarland on Tuesday November 4, 2025; and
WHEREAS, the City Council desires to submit to the voters at the election a question relating to imposing a one percent (1.00%) Local Sales Tax; and
WHEREAS, the City of McFarland provides essential public safety and park services to the residents of McFarland; and
WHEREAS, a vibrant and healthy downtown promotes economic well-being and growth for the City and encourages new business development in the City; and WHEREAS, the City General Fund lacks funds for basic repairs and maintenance to streets, storm drains and facilities, construction of senior center and police station, and other similar projects, as well as downtown revitalization; and
WHEREAS, keeping the City clean, safe and well-maintained attracts families to the community and maintains our quality of life and local property values; and WHEREAS, the City Council has reviewed its economic forecast and determined that without an additional revenue source, the City will be unable to maintain high-quality essential city services, repair potholes and maintain local streets and ensure the City has enough police officers to respond quickly to 9-1-1 emergencies; and

WHEREAS, such a measure will also allow the City to provide police services including neighborhood police patrols, crime prevention and investigations and expand and improve the number of services provided locally to seniors; and
WHEREAS, the State cannot take away funds from a local sales tax measure and a measure will have a clear system of fiscal accountability with an independent citizens' oversight committee and annual audits to ensure funds are spent properly and all funds stay local; and WHEREAS, at its meeting of July 23, 2025, the Council considered a staff report, public testimony, and deliberated on the matter regarding submitting a ballot measure to the voters concerning a General Sales Tax; and
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the City Council to levy a transactions and use tax for general purposes, if the ordinance proposing the tax is approved by a two thirds vote of all members of the City Council and the tax is approved by a majority vote of the qualified voters of the city voting in an election on the issue; and WHEREAS, the City Council wishes to approve the attached transactions and use tax ordinance and submit it to the votes in the form of the McFarland Essential City Services and Public Safety Measure which imposes a one percent (1.00%) transactions and use tax to be administered by the California Department of Tax and Fee Administration, subject to adoption by the voters of the City; and
WHEREAS, the California Department of Tax and Fee Administration shall collect the tax from retailers subject to the tax and remit the funds to the City.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

SECTION 1. Pursuant to the laws of the State of California governing General Law Cities, a Special Municipal Election is hereby called and ordered to be held in the City of McFarland, California, on Tuesday, November 4, 2025, for the purpose of submitting to the voters a ballot measure for consideration of an ordinance to establish a one percent (1.00%) general sales tax. %).

SECTION 2. The City Council requests the Kern County Board of Supervisors that the election for this measure be consolidated with the special election also held on November 4, 2025.

SECTION 3. The question to be submitted to the voters with respect to the ballot measure shall be

printed on the election ballot with the title and in the form set forth as follows:

SECTION 4. The
following constitutes
the synopsis of the
measure to be voted
on for purposes of
meeting the
publication
requirements of
Elections Code
Section 12111:

MEASURE TO BE VOTED ON
Notice is hereby given that the following measure is to be voted on at the special municipal election to be held in the City of McFarland, on Tuesday, the 4th day of November, 2025. ADOPTION OF ORDINANCE APPROVING A ONE PERCENT (1.00%) TRANSACTIONS AND USE TAX.

Ordinance No. 8-2025 would amend Chapter 3.22 of the McFarland Municipal Code establishing an additional one percent sales tax and generate approximately $1,000,000 annually. To become effective, Ordinance No. 8-2025 as a general tax measure must be approved by a majority of the City’s voters at the November 4, 2025, special municipal election. If approved by the voters, the ordinance would continue until ended by the voters. The ordinance would allow the City to provide funding for essential city services and projects such as: police patrols, crime prevention, and quick 9-1-1 emergency response; fire service; repairing roads, potholes, maintaining streets, repairing infrastructure, revitalizing the downtown area, and improving community facilities, parks, senior services, and other general city services, shall the measure establishing a one cent sales tax providing approximately $1,000,000 annually until ended by voters. The ordinance requires citizen oversight and annual independent audits.

Dated: ___________ ___________________________
City of McFarland, City Elections Official
SECTION 5. The full text of the ordinance submitted to the voters is attached as Exhibit ‘A’ and incorporated by reference. The full text of the proposed ordinance is not required to be printed in the Sample Ballot and Voters Pamphlet. However, the full text of the measure shall be made available to the public and to any voter at the Office of the Kern County Clerk/Registrar of Voters and the McFarland City Clerk’s Office.

SECTION 6. Passage of this measure requires a majority (50% plus 1) of votes cast at the election.

SECTION 7. The City of McFarland requests that the Kern County Clerk/Registrar of Voters conduct the election and canvass the returns, and the City consents to reimburse the Registrar of Voters for all costs incurred by said services.

SECTION 8. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 9. Arguments in favor or against the proposed measure are permissible and shall be filed with the Kern County Clerk/Registrar in accordance with Elections Code Section 9282. Saul Ayon and YES
MEASURE __
To provide funding for essential city services and projects in the City of McFarland such as: police patrols, crime prevention, and quick 9-1-1 emergency response; fire service; repairing roads, potholes and infrastructure, maintaining streets, revitalizing the downtown area, and improving community facilities, parks, senior services, and other general city services, shall the measure adopt a one percent sales tax providing approximately $1,000,000 annually until ended by voters, requiring citizen oversight, independent audits, and all funds controlled locally, be adopted?
NO

Ricardo Cano are authorized to prepare and file a written argument in favor of the proposed measure not to exceed 300 words on behalf of the City Council. The City Manager and City Clerk are authorized to provide input to the Kern County Clerk/Registrar in determining a letter designation for this measure. In the event that an argument is filed against the Measure, Saul Ayon and Ricardo Cano are also authorized to submit a rebuttal argument on behalf of the City Council.

SECTION 10. The Kern County Clerk/Registrar of Voters shall give the appropriate notices for the election and shall conduct the election pursuant to appropriate provisions of state law. The City of McFarland acknowledges the Kern County Clerk/Registrar may conduct the election in accordance with Elections Code 10418.

SECTION 11. The City Attorney shall prepare an impartial analysis of the measure in accordance with Elections Code Section 9280 and file it with the Kern County Clerk/Registrar of Voters.

SECTION 12. The City Clerk shall file a certified copy of this resolution with the Kern County Clerk/Registrar of Voters as required by applicable law. The City Clerk is hereby authorized and directed to work with the Kern County Clerk/Registrar of Voters and take all steps necessary to cause placement of the Measure on the ballot.

SECTION 12. The City Clerk and City Attorney are authorized to make any typographical, clerical, non-substantive corrections to this resolution as may be deemed necessary by the Kern County Clerk/Registrar of Voters.

SECTION 14. This Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, directly or indirectly
PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on July 23, 2025 by the following vote:

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

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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 13.

Section: PUBLIC HEARINGS
Meeting Date: July 23, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
Padraic Castillo, Assistant Engineer/Project Manager
SUBJECT: Waive full reading and introduce Ordinance 6-2025 AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF MCFARLAND ADDING SECTION

12.08.210 TO THE MCFARLAND MUNICIPAL CODE RELATING TO
STREETS.

SUMMARY:

The City Council has recently prioritized the improvement and long-term maintenance of streets within the City’s jurisdiction. As part of this initiative, numerous streets—including Cliff Avenue, 5th Street, and West Kern Avenue—have been reconstructed. These represent just a portion of the significant roadway improvements completed by the Public Works Department in recent years.

To help preserve the integrity and safety of these newly reconstructed roads, the Public Works Department is proposing the adoption of a new section to Chapter 12.08 of Title 12 of the municipal code. This new section would place a moratorium period of three years on all newly constructed or reconstructed roads where no permits for excavations would be granted unless the work was being done under special circumstances.

This change is intended to support the City’s investment in its infrastructure and ensure the longevity and safety of its transportation network.

FINANCIAL IMPACT:

There is no financial impact to the general fund as this is only amending and adopting a new section to the Municipal Code.

RECOMMENDATION:

Staff recommends the City Council approve the proposed adoption of a new section to Chapter

12.08 - Street Excavations.

ATTACHMENTS:

1. Moratorium Notice

ORDINANCE NO. 6-2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MCFARLAND ADDING SECTION 12.08.210 TO THE MCFARLAND
MUNICIPAL CODE RELATING TO STREETS.

Section 1. Recitals
WHEREAS, The City of McFarland ("City") desires to amend, clarify, and codify its Municipal Code Chapter related to street excavations.

WHEREAS, this ordinance adoption will place a moratorium period of three years on all newly constructed or reconstructed roads.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND DOES ORDAIN AS FOLLO Section 2. Section 12.08.210 of the McFarland Municipal Code is hereby amended as follows:

12.08.210 - Moratorium areas - No permit shall be issued Permission to excavate in newly renovated streets will not be granted for three years after completion of stree methods of making necessary repairs to avoid excavating in newly renovated streets. Exceptions to the above are A. Emergency which endangers life or property.

B. Interruption of essential utility service.

C. Work that is mandated by city, state or federal legislation.

D. Service for buildings where no other reasonable means of providing service exists.

E. Other situations deemed by the city council to be in the best interest of the general public.

All permits which are issued under subsections A through E shall be in accordance with the standards, details and sp

Section 3. 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 4. 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 5. Effective Date. This Ordinance will become effective 30 days after adoption. Pursuant to Government Code § 36516.5, the Ordinance’s modification to compensation will not apply to current Council Members until at least one member of the City Council begins a new term.

Section 6. 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 7/23/2025, by the following vote:

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of McFarland on by the following vote:

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

CITY OF MCFARLAND
______________________________
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 July 23, 2025.

ATTEST:
________________________________

Erika De La Cruz, City Clerk
APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

401 W. Kern Ave
McFarland, CA 93250
Office: (661) 792-3093
Fax: (661) 792-3091
www.mcfarlandcity.org
Padraic Castillo, Assistant Engineer/Project Manager
Date
Attention: Developers, Engineers, and Contractors
Subject: Requirements for Excavations in Moratorium Streets As per the City of McFarland Municipal Code, permission to excavate in newly constructed or renovated streets will not be granted for three years after completion of street construction or renovation as shown by the filing of a notice of completion. Upon written request, permission to excavate in these “moratorium” streets may be granted by the Public Works Director under the following exceptions:
• Emergencies which endanger life or property.
• Interruption of essential utility service.
• Work that is mandated by city, state, or federal legislation. • Service for buildings where no other reasonable means of providing service exists.

Under circumstances where permission to excavate is granted, excavations made in moratorium streets shall be permanently patched as per the City’s Standard Trench Backfill/Patch Paving Detail (E-1) and then the area shall be resurfaced as per the following requirements:

1. The resurface area shall be a minimum of 12” wide for each traffic lane affected by the excavation.

2. The resurface area shall extend a minimum of 25’ long in both directions as measured from the edge of the excavation.

3. Separate excavations, less than 25’ apart, shall be considered as one continuous excavation for the purposes of these measurements. The dimensions of the resurface area may be modified to fit specific situations (e.g., intersections, project boundaries, etc.)

4. On arterial or collector streets, the entire area to be resurfaced shall be cold planed a minimum

0.20’ deep and repaved with ¾” Type “A” HMA.

5. On local streets, the entire area to be resurfaced shall be cold planed a minimum 0.15’ deep and repaved with ½” Type “A” HMA.

6. Resurfaced areas shall be fog sealed and all striping replacement and raising of manholes and monuments shall be considered part of these requirements.

If you have any questions or need additional information, please call Yerlys Hernandez, Public Works Director, at 661-444-0813.

Sincerely,
Padraic Castillo
Assistant Engineer/Project Manager

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 14.

Section: PUBLIC HEARINGS
Meeting Date: July 23, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: Approval of Resolution No. 2025-105 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND APPROVING THE INSTALLATION OF TWO STOP SIGNS AT

THE INTERSECTION OF MAST AVENUE AND MISSION STREET
SUMMARY:

The City of McFarland has received comments from concerned residents regarding the speed of vehicular traffic traveling on Mast avenue between Taylor and Hanawalt Ave.

During a subcommittee meeting with City Council on June 11th 2025, Staff was directed to install a stop sign at the intersection of Mast Ave and Mission St to try to reduce speed of vehicles driving north and south bound on Mast Ave. Staff informed the subcommittee of the criteria to have a stop sign installed which include: completing a full traffic study of the area, meeting specific requirements per the MUTCD for the volume of vehicles entering and existing the road, and the number of accidents during the last year. The last option was to hold a public hearing for the install of the stop sign. Direction given to staff was to hold a public hearing.

The Public Works department has analyzed Mast Avenue to determine the need for trafficcalming measures. The first step was to gather Accident data on Mast Avenue provided by the McFarland Police Department. There have been a total of 6 accidents since January of 2020 to Present. Its important to note that this does not report any near misses in the area.

After visually observing Mast Avenue at different times of the day during the work week, staff did notice that there are vehicles that are traveling above the designated 25 MPH speed limit.

In addition to the Traffic Calming measures, residents and the City council has requested a stop sign to be installed on the intersection of Mast Ave and Mission ave.

FINANCIAL IMPACT:

There is no financial impact to the general fund as there is sufficient funds in the budget for Fiscal year 2025/26.

RECOMMENDATION:

Staff recommends approval of Resolution No. 2025-105 and the City Council conduct a public hearing to receive input regarding the install of (2) stop signs at the intersection of Mast

Avenue and Mission St.

ATTACHMENTS:

1. Mast Ave & Mission St. Intersection

RESOLUTION NO. 2025-105

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

INSTALLATION OF TWO STOP SIGNS AT THE INTERSECTION OF MAST AVENUE AND MISSION STREET.

WHEREAS, The City of McFarland has received comments from concerned residents regarding the speed of vehicular traffic traveling on Mast avenue between Taylor and Hanawalt Ave.

WHEREAS, The Public Works department has analyzed Mast Avenue to determine the need for traffic-calming measures. The first step was to gather Accident data on Mast Avenue provided by the McFarland Police Department. There have been a total of 6 accidents since January of 2020 to Present. Its important to note that this does not report any near misses in the area.

WHEREAS, After visually observing Mast Avenue at different times of the day during the work week, staff did notice that there are vehicles that are traveling above the designated 25 MPH speed limit.

WHEREAS, Staff has identified areas where traffic measures could be implemented to reduce the speed of vehicles traveling north and southbound on Mast Avenue.

WHEREAS, In addition to the Traffic Calming measures, residents and the City council has requested a stop sign to be installed on the intersection of Mast Ave and Mission ave.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. Pursuant to the provisions of the law, a duly noticed Public Hearing regarding the installation of two (2) Stop Signs at the intersection of Mast Avenue and Mission Street was held; and

2. The City Council hereby approves the installation of two (2) Stop Signs at the intersection of Mast Avenue and Mission Street.

3. This Resolution shall become effective immediately upon adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on July 23, 2025 by the following vote:

Aye Nae Abstain Absent

Saul Ayon
Ricardo Cano
Anita Gonzalez
María T. Pérez
Martin Gutierrez

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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

Mast Ave & Mission St Intersection

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 15.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: July 23, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
Padraic Castillo, Assistant Engineer/Project Manager
SUBJECT: Approval of Resolution No. 2025-104 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND ACCEPTING THE LOWEST RESPONSIVE AND RESPONSIBLE BASE BID AND BID OPTION 1 AND AWARD OF A CONTRACT TO CEN-CAL CONSTRUCTION IN THE AMOUNT OF $3,623,461.10 FOR THE BASE BID AND BID OPTION 1 OF THE 2025 STREET REHABILITATION – VARIOUS LOCATIONS PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT; ALLOCATE FUNDS FOR THE BID, AND UP TO $681,210.90 FOR CONTINGENCY,

CONSTRUCTION MANAGEMENT AND MATERIALS SAMPLING & TESTING SUMMARY:

The City of McFarland was awarded a $6,000,000.00 grant in federal funding through the U.S.

Department of Housing and Urban Development (HUD). These funds will be used for the rehabilitation of various streets throughout the city (see attached site map). The scope of work includes: retrofit of curbs and gutters, sidewalks, cross gutters, curb ramps, cold-plane 3 inches of existing roadway surface, installation of hot mix asphalt; and upgrade signs, striping, and pavement markings.

On July 10, 2025, at 2:15 PM. sealed bids were opened for this project. A total of three (3) bids were received and opened by the Public Works Director. The following is the tabulation of the bids received:

Bidder Base Bid Bid Option 1
Cen-Cal Construction $3,254,213.95 $369,247.15
Bowman Asphalt $3,492,832.95 $365,564.00
Griffith Company $3,982,735.00 $480,000.00
Attached is the Bid Summary.

The Project Engineer (BHT Engineering, Inc.) has reviewed and qualified the lowest responsible bidder, Cen-Cal Construction. See attached Low Bid Analysis. The City is allowing 60 working days for the contractor to complete the project.

FINANCIAL IMPACT:

Costs:

Base Bid + Bid Option 1 Construction Total: $3,623,461.10

10% Contingency: $362,345.90
Construction Management and Materials,
Sampling, Testing: $318,865.00
Total Construction Phase Cost: $4,304,672.00
Funding:

Federal Match (100%) - (HUD): $4,304,672.00
Local Match (0%) $0.00
RECOMMENDATION:

Staff recommends City Council approve Resolution No. 2025-104 accepting the lowest responsive and responsible Base Bid and Bid Option 1, award the project and to execute a construction agreement with Cen-Cal Construction in the amount of $3,623,461.10 for the Base Bid and Bid Option 1 of the 2025 Street Rehabilitation – Various Locations Project and authorize the City Manager to execute the construction agreement.

Additionally, Staff recommends approval of $362,345.90 for Construction Contingencies and $318,865.00 for Construction Management and Materials Sampling & Testing—both critical to the successful completion of the project. These funds will be used to address unforeseen work that may arise during construction and was not identified at the time of bidding, as well as to support Construction Management and Observation efforts. This will help ensure that the City and its residents receive a final product that meets acceptable standards of quality, character, and construction methodology.

ATTACHMENTS:

1. McFarland - Public Works Contract - 2025 Street Rehab

2. 2025 Street Rehab - SITE MAP

3. McFarland - 2025 Street Rehab - Bid Summary

4. McFarland - 2025 Street Rehab - Low Bid Analysis_Redacted

RESOLUTION NO. 2025-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND ACCEPTING THE LOWEST RESPONSIVE AND RESPONSIBLE BASE BID AND BID OPTION 1 AND AWARD OF A CONTRACT TO CEN-CAL CONSTRUCTION IN THE AMOUNT OF $3,623,461.10 FOR THE BASE BID AND BID OPTION 1 OF THE 2025 STREET REHABILITATION – VARIOUS LOCATIONS PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT; ALLOCATE FUNDS FOR THE BID, AND UP TO $681,210.90 FOR CONTINGENCY, CONSTRUCTION MANAGEMENT AND MATERIALS SAMPLING &

TESTING
WHEREAS, the bids were reviewed and analyzed by the engineering firm BHT Engineering, Inc., for a recommendation of the lowest responsible and responsive bidder. Cen-Cal Construction, with a base bid plus bid option 1 of $3,623,461.10 was recommended as the lowest responsive and responsible bidder; and,
WHEREAS, an amount of $681,210.90 is needed for construction contingencies and Construction Management and Materials Sampling and Testing; and, WHEREAS, the City Council of the City of McFarland agrees to the terms and conditions of the proposed construction agreement; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

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

2. Authorizes the award of a Construction Agreement to Cen-Cal Construction, for the 2025 Street Rehabilitation – Various Locations Project, in the Amount of $3,623,461.10.

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

4. Allocates funds in the amount of $681,210.90 for up to $362,345.90 for contingency; and up to $318,865.00 for Construction Management and Materials Sampling and Testing.

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 July 23, 2025 by the following vote:

Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Anita Gonzalez

María T. Pérez
Martin Gutierrez

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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

AGREEMENT NO. _________

PUBLIC WORKS AGREEMENT
By and Between

CITY OF MCFARLAND
and
Cen-Cal Construction

2025 Street Rehabilitation – Various Locations Page 2 of 30 AGREEMENT NO. ___________

PUBLIC WORKS AGREEMENT

BETWEEN

THE CITY OF MCFARLAND
AND
Cen-Cal Construction
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 23th day of July 2025 by and between the CITY OF MCFARLAND, a municipal corporation (“City”) and Cen-Cal Construction, a California Corporation/LLC/Partnership/Etc. (“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 2025 Street Rehabilitation – 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 Agreement, the terms of

2025 Street Rehabilitation – Various Locations Page 3 of 30 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 of the location of the records.

2025 Street Rehabilitation – Various Locations Page 4 of 30 (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 interest, which may be imposed by law and arise from or are necessary for the Contractor’s

2025 Street Rehabilitation – Various Locations Page 5 of 30 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 in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities

2025 Street Rehabilitation – Various Locations Page 6 of 30 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 the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with

2025 Street Rehabilitation – Various Locations Page 7 of 30 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. If 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 FEDERAL-AID 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 to any additions or deductions that may be made by change order or amendment, and any penalties

2025 Street Rehabilitation – Various Locations Page 8 of 30 or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of Three Million Six Hundred Twenty-Three Thousand Four Hundred Sixty-One dollars and Ten cents ($3,623,461.10) (“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.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of this Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

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 document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of

2025 Street Rehabilitation – Various Locations Page 9 of 30 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 fifteen (15) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Sixty (60) consecutive 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 ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) 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 provide for removal or relocation of utility facilities.

2025 Street Rehabilitation – Various Locations Page 10 of 30

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.

2025 Street Rehabilitation – Various Locations Page 11 of 30

4.3 Project Manager.

The “Project Manager” for the City shall be the City Engineer 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.
(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

2025 Street Rehabilitation – Various Locations Page 12 of 30 less than $1,000,000 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. (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

2025 Street Rehabilitation – Various Locations Page 13 of 30 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. (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.

2025 Street Rehabilitation – Various Locations Page 14 of 30 (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 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

2025 Street Rehabilitation – Various Locations Page 15 of 30 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 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.

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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.

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

2025 Street Rehabilitation – Various Locations Page 17 of 30 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.

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

2025 Street Rehabilitation – Various Locations Page 18 of 30 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.

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.

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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 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.

2025 Street Rehabilitation – Various Locations Page 20 of 30 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 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

2025 Street Rehabilitation – Various Locations Page 21 of 30 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 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

2025 Street Rehabilitation – Various Locations Page 22 of 30 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.

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.

2025 Street Rehabilitation – Various Locations Page 23 of 30

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 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,

2025 Street Rehabilitation – Various Locations Page 24 of 30 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]

2025 Street Rehabilitation – Various Locations Page 25 of 30 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above 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:

CEN-CAL CONSTRUCTION
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.

2025 Street Rehabilitation – Various Locations Page 26 of 30

PAGE LEFT BLANK INTENTIONALLY

2025 Street Rehabilitation – Various Locations Page 27 of 30

EXHIBIT A
CONTRACTOR’S BID

2025 Street Rehabilitation – Various Locations Page 28 of 30

2025 Street Rehabilitation – Various Locations Page 29 of 30

2025 Street Rehabilitation – Various Locations Page 30 of 30

EXHIBIT B

SPECIAL REQUIREMENTS

BHT Job # 24608 - VARIOUS
BID OPENING: JULY 10, 2025 @ 2:15 PM
THREE (3) BIDS TOTAL RECEIVED. Three (3) Lowest Bids Shown ITEM UNIT OF EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. MEASURE QNTY. COST COST COST COST COST COST COST COST 1 COLD PLANE ± 3" OF EXISTING SURFACE,

PROOF ROLL SUBGRADE, HAUL-OFF EXCESS

MATERIAL
S.F. 550,720 0.30 $ 165,216.00 $ 0.20 $ 110,144.00 $ 0.35 $ 192,752.00 $ 0.35 $ 192,752.00 $ 2 TYPE A HOT MIX ASPHALT TON 10,741 95.00 $ 1,020,395.00 $ 112.00 $ 1,202,992.00 $ 95.00 $ 1,020,395.00 $ 120.00 $ 1,288,920.00 $ 3 INSTALL CURB & GUTTER - (INCLUDES SAWCUT,

LAYOUT, DEMOLITION OF EXISTING
IMPROVEMENTS, SCARIFY 12" NATIVE
MATERIAL, GRADE, & COMPACT TO 90%)
L.F. 1,864 80.00 $ 149,120.00 $ 72.00 $ 134,208.00 $ 77.00 $ 143,528.00 $ 80.00 $ 149,120.00 $ 4 INSTALL ADA CURB RAMP (INCLUDES SAWCUT,

LAYOUT, DEMOLITION OF EXISTING
IMPROVEMENTS, SCARIFY 12" NATIVE
MATERIAL, GRADE, & COMPACT TO 90%)
EA. 81 2,300.00 $ 186,300.00 $ 3,400.00 $ 275,400.00 $ 3,500.00 $ 283,500.00 $ 4,400.00 $ 356,400.00 $ 5 INSTALL SIDEWALK (INCLUDES SAWCUT,

LAYOUT, DEMOLITION OF EXISTING
IMPROVEMENTS, SCARIFY 12" NATIVE
MATERIAL, GRADE, & COMPACT TO 90%)
S.F. 7,178 9.00 $ 64,602.00 $ 14.60 $ 104,798.80 $ 10.00 $ 71,780.00 $ 21.00 $ 150,738.00 $ 6 INSTALL 8" THICK CONCRETE XGUTTER/APRON/ALLEY APPROACH (INCLUDES

SAWCUT, LAYOUT, DEMOLITION OF EXISTING

IMPROVEMENTS)
S.F. 23,764 15.00 $ 356,460.00 $ 26.65 $ 633,310.60 $ 30.00 $ 712,920.00 $ 38.00 $ 903,032.00 $ 7 INSTALL 8" THICK RE-STAMPED CONCRETE

CROSSWALK (INCLUDES SAWCUT, LAYOUT,
DEMOLITION OF EXISTING IMPROVEMENTS)”.

S.F. 398 20.00 $ 7,960.00 $ 22.75 $ 9,054.50 $ 45.00 $ 17,910.00 $ 40.00 $ 15,920.00 $ 8 CLASS 2 AGGREGATE BASE - UNDER NEW XGUTTER/APRON/XWALK/ALLEY APPROACH TON 1,760 60.00 $ 105,600.00 $ 89.00 $ 156,640.00 $ 50.00 $ 88,000.00 $ 120.00 $ 211,200.00 $ 9 ADJUST SEWER MANHOLE TO NEW GRADES EA. 30 1,500.00 $ 45,000.00 $ 1,095.00 $ 32,850.00 $ 2,400.00 $ 72,000.00 $ 1,850.00 $ 55,500.00 $ 10 ADJUST WATER VALVE TO NEW GRADES EA. 76 1,200.00 $ 91,200.00 $ 1,095.00 $ 83,220.00 $ 1,500.00 $ 114,000.00 $ 1,500.00 $ 114,000.00 $ 11 ADJUST MONUMENTS TO NEW GRADES EA. 14 1,200.00 $ 16,800.00 $ 1,095.00 $ 15,330.00 $ 1,500.00 $ 21,000.00 $ 1,500.00 $ 21,000.00 $ 12 INSTALL WHITE/YELLOW THERMOPLASTIC
PAVEMENT MARKINGS S.F. 1,722 15.00 $ 25,830.00 $ 10.80 $ 18,597.60 $ 20.00 $ 34,440.00 $ 20.00 $ 34,440.00 $ 13 INSTALL 12" YELLOW/WHITE LIMIT/CROSSWALK
LINE - THERMOPLASTIC L.F. 2,119 5.00 $ 10,595.00 $ 5.45 $ 11,548.55 $ 6.00 $ 12,714.00 $ 6.00 $ 12,714.00 $ 14 INSTALL 24" YELLOW/WHITE CROSSWALK LINE -
THERMOPLASTIC L.F. 367 8.00 $ 2,936.00 $ 11.30 $ 4,147.10 $ 8.00 $ 2,936.00 $ 8.00 $ 2,936.00 $ 15 FURNISH AND INSTALL SOLAR-POWERED
FLASHING LED STOP SIGN - R1-1 (30"X30") EA. 60 2,250.00 $ 135,000.00 $ 3,786.40 $ 227,184.00 $ 3,100.00 $ 186,000.00 $ 3,100.00 $ 186,000.00 $ 16 FURNISH AND INSTALL R1-3P SIGN (18"X6") EA. 22 100.00 $ 2,200.00 $ 197.30 $ 4,340.60 $ 100.00 $ 2,200.00 $ 100.00 $ 2,200.00 $ 17 SALVAGE/RE-INSTALL EXISTING SIGN EA. 59 300.00 $ 17,700.00 $ 282.40 $ 16,661.60 $ 275.00 $ 16,225.00 $ 275.00 $ 16,225.00 $ 18 FURNISH AND INSTALL R1-5 SIGN (36"X36") EA. 4 300.00 $ 1,200.00 $ 502.35 $ 2,009.40 $ 600.00 $ 2,400.00 $ 600.00 $ 2,400.00 $ 19 FURNISH AND INSTALL SW24-2(CA) - FYG SIGN
(30"X42") EA. 4 300.00 $ 1,200.00 $ 502.35 $ 2,009.40 $ 750.00 $ 3,000.00 $ 750.00 $ 3,000.00 $ 20 INSTALL 6" YELLOW CENTER LINE (DETAIL 2) -
THERMOPLASTIC L.F. 10,601 1.10 $ 11,661.10 $ 1.15 $ 12,191.15 $ 0.75 $ 7,950.75 $ 0.75 $ 7,950.75 $ 21 INSTALL 6" YELLOW CENTER LINE (DETAIL 22) -
THERMOPLASTIC L.F. 3,694 4.00 $ 14,776.00 $ 2.20 $ 8,126.80 $ 3.00 $ 11,082.00 $ 3.00 $ 11,082.00 $ 22 FURNISH AND INSTALL BLUE FIRE HYDRANT
MARKER EA. 27 25.00 $ 675.00 $ 10.90 $ 294.30 $ 50.00 $ 1,350.00 $ 50.00 $ 1,350.00 $ 23 RELOCATE/ADJUST IRRIGATION SYSTEM - IN
KIND L.F. 255 15.00 $ 3,825.00 $ 32.00 $ 8,160.00 $ 30.00 $ 7,650.00 $ 50.00 $ 12,750.00 $ 2025 STREET REHABILITATION - VARIOUS LOCATIONS

CITY OF MCFARLAND - BID SUMMARY
1 2

BASE BID

ITEM DESCRIPTION
Engineer's Estimate
CEN-CAL Construction
Bakersfield, CA (661) 399-3759
Lic No. 962895
Bowman Asphalt, Inc
Bakersfield, CA (661) 334-1356
Lic No. 862672
3 Griffith Company
Bakersfield, CA (661) 392-6640
Lic No. 88

BHT Job # 24608 - VARIOUS
24 PREPARE AND IMPLEMENT EROSION CONTROL
PLAN L.S. 1 10,000.00 $ 10,000.00 $ 7,495.55 $ 7,495.55 $ 10,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 25 TEMPORARY TRAFFIC CONTROL L.S. 1 125,000.00 $ 125,000.00 $ 173,500.00 $ 173,500.00 $ 457,100.20 $ 457,100.20 $ 226,105.25 $ 226,105.25 $ Construction Subtotal Based Bid: 2,571,251.10 $ 3,254,213.95 $ 3,492,832.95 $ 3,982,735.00 $

ITEM UNIT OF ESTIMATED PRICE TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. MEASURE QUANTITY PER UNIT PRICE COST COST COST COST COST COST 26 COLD PLANE ± 3" OF EXISTING SURFACE,

PROOF ROLL SUBGRADE, HAUL-OFF EXCESS

MATERIAL
S.F. 114,578 0.35 $ 40,102.00 $ 0.45 $ 51,560.10 $ 0.35 $ 40,102.30 $ 0.50 $ 57,289.00 $ 27 TYPE A HOT MIX ASPHALT TON 2,234 100.00 $ 223,400.00 $ 108.75 $ 242,947.50 $ 105.00 $ 234,570.00 $ 130.00 $ 290,420.00 $ 28 INSTALL CURB & GUTTER - (INCLUDES SAWCUT,

LAYOUT, DEMOLITION OF EXISTING
IMPROVEMENTS, SCARIFY 12" NATIVE
MATERIAL, GRADE, & COMPACT TO 90%)
L.F. 39 80.00 $ 3,120.00 $ 108.50 $ 4,231.50 $ 70.00 $ 2,730.00 $ 225.00 $ 8,775.00 $ 29 INSTALL ADA CURB RAMP (INCLUDES SAWCUT,

LAYOUT, DEMOLITION OF EXISTING
IMPROVEMENTS, SCARIFY 12" NATIVE
MATERIAL, GRADE, & COMPACT TO 90%)
EA. 2 3,000.00 $ 6,000.00 $ 5,375.00 $ 10,750.00 $ 4,000.00 $ 8,000.00 $ 11,300.00 $ 22,600.00 $ 30 INSTALL SIDEWALK (INCLUDES SAWCUT,

LAYOUT, DEMOLITION OF EXISTING
IMPROVEMENTS, SCARIFY 12" NATIVE
MATERIAL, GRADE, & COMPACT TO 90%)
S.F. 62 20.00 $ 1,240.00 $ 33.65 $ 2,086.30 $ 13.00 $ 806.00 $ 50.00 $ 3,100.00 $ 31 INSTALL WHITE THERMOPLASTIC PAVEMENT
MARKINGS S.F. 365 15.00 $ 5,475.00 $ 10.80 $ 3,942.00 $ 14.00 $ 5,110.00 $ 14.00 $ 5,110.00 $ 32 INSTALL 12" YELLOW/WHITE LIMIT/CROSSWALK
LINE - THERMOPLASTIC L.F. 574 5.00 $ 2,870.00 $ 5.45 $ 3,128.30 $ 6.00 $ 3,444.00 $ 6.00 $ 3,444.00 $ 33 FURNISH AND INSTALL SOLAR-POWERED
FLASHING LED STOP SIGN - R1-1 (30"X30") EA. 4 2,750.00 $ 11,000.00 $ 3,787.00 $ 15,148.00 $ 3,250.00 $ 13,000.00 $ 3,250.00 $ 13,000.00 $ 34 FURNISH AND INSTALL R1-3P SIGN (18"X6") EA. 2 200.00 $ 400.00 $ 197.30 $ 394.60 $ 115.00 $ 230.00 $ 115.00 $ 230.00 $ 35 SALVAGE/RE-INSTALL EXISTING SIGN EA. 4 300.00 $ 1,200.00 $ 282.40 $ 1,129.60 $ 275.00 $ 1,100.00 $ 275.00 $ 1,100.00 $ 36 INSTALL 6" YELLOW CENTER LINE (DETAIL 22) -
THERMOPLASTIC L.F. 3,018 4.00 $ 12,072.00 $ 2.20 $ 6,639.60 $ 3.25 $ 9,808.50 $ 3.25 $ 9,808.50 $ 37 INSTALL 6" WHITE RIGHT EDGE LINE (DETAIL
27B) - THERMOPLASTIC L.F. 1,699 5.00 $ 8,495.00 $ 1.15 $ 1,953.85 $ 1.75 $ 2,973.25 $ 1.75 $ 2,973.25 $ 38 INSTALL 8" WHITE CHANNELIZING LINE (DETAIL
38B) - THERMOPLASTIC EA. 663 5.00 $ 3,315.00 $ 2.20 $ 1,458.60 $ 3.00 $ 1,989.00 $ 3.00 $ 1,989.00 $ 39 FURNISH AND INSTALL, R3-7R "RIGHT LANE
MUST TURN RIGHT", SIGN (30"x30") EA. 1 500.00 $ 500.00 $ 512.30 $ 512.30 $ 700.00 $ 700.00 $ 700.00 $ 700.00 $ 40 TEMPORARY TRAFFIC CONTROL L.S. 1 50,000.00 $ 50,000.00 $ 23,364.90 $ 23,364.90 $ 41,000.95 $ 41,000.95 $ 59,461.25 $ 59,461.25 $ Date Updated: 07/14/25. By: JMP Construction Subtotal Bid Option 1: 369,189.00 $ 369,247.15 $ 365,564.00 $ 480,000.00 $ Construction Total Base Bid + Bid Option1: $ 3,623,461.10 2,940,440.10 $ 3,858,396.95 $ 4,462,735.00 $ Contingency (10%): 294,044.00 $ 362,345.90 $ 385,840.00 $ 446,274.00 $ CONSTRUCTION TOTAL: 3,234,484.10 $ 3,985,807.00 $ 4,244,236.95 $ 4,909,009.00 $ Construction Engineering (8%): $ 318,865.00 258,759.00 $ 339,539.00 $ 392,721.00 $ Preliminary Engineering: $ 487,915.00 487,915.00 $ 487,915.00 $ 487,915.00 $ CONSTRUCTION TOTAL: $ 4,792,587.00 3,981,158.10 $ 5,071,690.95 $ 5,789,645.00 $

ITEM DESCRIPTION
Engineer's Estimate
CEN-CAL Construction
Bakersfield, CA (661) 399-3759
Lic No. 962895
Bowman Asphalt, Inc
Bakersfield, CA (661) 334-1356
Lic No. 862672
Griffith Company
Bakersfield, CA (661) 392-6640
Lic No. 88
BID OPTION 1 - OVERPASSES
1 2 3

BHT ENGINEERING, INC.

Civil Engineering & Construction Management
218 S. “H” Street, Ste. 201
Bakersfield, CA 93304
(661) 558-4641
T:\6-McFARLAND\DOC\2024 Projects\24608 - 3rd St - Hail to Frontage\BIDDING PHASE\LOW BID REVIEW\McFarland - 2025 Street Rehab - Low Bid Analysis.doc

Memorandum
Transmitted by email on 07/15/25
[email protected]
[email protected]
[email protected]
TO: Yerlys Hernandez
City of McFarland, Public Works Director
401 W. Kern Ave.

McFarland, CA 93250
FROM: Juan M. Pantoja
Project Manager / Engineer
DATE: July 15, 2025
SUBJECT: Low Bid Analysis for the 2025 Street Rehabilitation - Various Locations project.

A. The City of McFarland received a total of Three (3) bids for the subject project. Bids were opened on July 10, 2025, at 2:15 pm, by the Public Works Director. Bids ranged from a low of $3,254,213.95 to a high of $3,982,735.00. (Base Bid Amount) and from a low of $369,247.15 to a high of $480,000.00 (Bid Option 1).

The average base bid is $3,576,539.97. The following bids were received:

Bidder Base Bid Bid Option 1
Cen-Cal Construction $3,254,213.95 $369,247.15
Bowman Asphalt $3,492,832.95 $365,564.00
Griffith Company $3,982,735.00 $480,000.00
Cen-Cal Construction submitted the lowest Base Bid of $3,254,213.95, which was about 26.5% lower than the engineer's estimate of $2,571,251.00. The highest bid of $3,982,735.00 was about 55% higher than the engineer’s estimate.

B. BHT Engineering, Inc. proceeded to review the lowest bidder, Cen-Cal Construction, and verified the bidder's proposal as follows:

1. The low bidder submitted the proposal on the required forms and provided all requested information.

2. The low bidder computed the total amount bid and extended amounts correctly.

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

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

Cen-Cal Construction 962895, A, C13 06/30/2026 1000001026 Austin Enterprise 764893, A, C61/D06 06/30/2027 1000001896 Cindy Trump, Inc. 754500, A 09/30/2026 1000008423
Westrock LLC 1096953, A 09/30/2026 1000581411
Premier Valley Transport n/a – Trucking 1000056851
Specialized Pavement Markings 854894, C32 04/30/26 1000886659

T:\6-McFARLAND\DOC\2024 Projects\24608 - 3rd St - Hail to Frontage\BIDDING PHASE\LOW BID REVIEW\McFarland - 2025 Street Rehab - Low Bid Analysis.doc Page 2 of 2

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

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

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

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

8. The low bidder has successfully completed several recent projects in Southern California, including several projects here in McFarland.

C. Recommendation of Award:

Cen-Cal Construction is the lowest responsive bidder based on the stated basis of award. If a construction contract is awarded, it is recommended that the contract be awarded to Cen-Cal Construction.

Attachments: Bid Summary
Bid Opening Checklist
Contractor’s License verification
Contractor and Subcontractor’s (DIR) Registration number Bonding Company Information
System for Award Management (SAM) report
DLSE Debarments list

Data current as of 7/14/2025 11:15:42 AM

Contractor's License Detail for License #
962895
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

J L PLANK INCORPORATED

DBA CEN-CAL CONSTRUCTION
34762 LENCIONI AVE
BAKERSFIELD, CA 93308
Business Phone Number:(661) 399 3759
Entity Corporation
Issue Date 07/06/2011
Reissue Date 06/18/2012
Expire Date 06/30/2026
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY .

Bond Number: 100191822
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual JASON LEE PLANK certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 07/08/2022
BQI's Bond History
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  A - GENERAL ENGINEERING
 C13 - FENCING

Data current as of 7/14/2025 11:20:14 AM

Contractor's License Detail for License #
754500
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

CINDY TRUMP INC
dba LINDYS COLD PLANING
P O BOX 385
LA HABRA, CA 90631
Business Phone Number:(562) 697 2286
Entity Corporation
Issue Date 09/24/1998
Expire Date 09/30/2026
License Status
This license is current and active.

All information below should be reviewed.

Classifications

A - GENERAL ENGINEERING
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY .

Bond Number: SC1024136
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual CINDY DAWN TRUMP certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 09/24/1998
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

Data current as of 7/14/2025 11:22:39 AM

Contractor's License Detail for License #
854894
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

SPECIALIZED PAVEMENT MARKING LLC
11095 SW INDUSTRIAL WAY STE A
TULATIN, OR 97062
Business Phone Number:(503) 885 0420
Entity td Liability
Issue Date 02/23/2005
Reissue Date 04/25/2022
Expire Date 04/30/2026
License Status
This license is current and active.

All information below should be reviewed.

Classifications
C32 - PARKING AND HIGHWAY IMPROVEMENT
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION .

Bond Number: 2307298
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History

LLC EMPLOYEE/WORKER BOND
This license filed a LLC Employee/Worker Bond with SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION .

Bond Number: 2307268
Bond Amount: $100,000
Effective Date: 04/25/2022
Bond of Qualifying Individual
This license filed Bond of Qualifying Individual number 810012210 for MARK ALLAN PRICE in the amount of $25,000 with ATLANTIC SPECIALTY INSURANCE COMPANY .

Effective Date: 01/01/2023
BQI's Bond History
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

Data current as of 7/14/2025 11:21:00 AM

Contractor's License Detail for License #
1096953
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

WESTROCK LLC

DBA WESTROCK GENERAL ENGINEERING
PO BOX 71377
BAKERSFIELD, CA 93387
Business Phone Number:(661) 496 4265
Entity Ltd Liability
Issue Date 09/23/2022
Expire Date 09/30/2026
License Status
This license is current and active.

All information below should be reviewed.

Classifications

A - GENERAL ENGINEERING
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with DEVELOPERS SURETY AND INDEMNITY COMPANY .

Bond Number: 0102559
Bond Amount: $25,000
Effective Date: 02/09/2024
Contractor's Bond History

LLC EMPLOYEE/WORKER BOND
This license filed a LLC Employee/Worker Bond with DEVELOPERS SURETY AND INDEMNITY COMPANY .

Bond Number: 0102993
Bond Amount: $100,000
Effective Date: 07/10/2024
LLC Employee/Worker Bond History
Bond of Qualifying Individual
The qualifying individual GARRETT JASON BROWN certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 09/23/2022
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

Data current as of 7/14/2025 11:19:11 AM

Contractor's License Detail for License #
764893
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

CALIFORNIA GRINDING SPECIALTIES INC
dba AUSTIN ENTERPRISE
P O BOX 81926
BAKERSFIELD, CA 93380
Business Phone Number:(661) 589 1001
Entity Corporation
Issue Date 06/24/1999
Expire Date 06/30/2027
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with NATIONWIDE MUTUAL INSURANCE COMPANY .

Bond Number: BD711326
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C 61 / D06 CONCRETE RELATED SERVICES
 A - GENERAL ENGINEERING
This license filed Bond of Qualifying Individual number BD711329 for TYRONE FREDRICK CONNER in the amount of $25,000 with NATIONWIDE MUTUAL INSURANCE COMPANY .

Effective Date: 01/01/2023
BQI's Bond History

The qualifying individual PATRICIA MARY AUSTIN certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 06/24/1999


RMV Construction, Inc., A California Corporation; and Robert Michael Vasil II a.k.a. Robert Michael Vasil a.k.a.

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

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

Oxnard, CA 93030
CSLB Number: #945723
6/01/16 through 5/31/17
Decision LB 5533 
Diversified Building & Electric Company, Inc.
409 Tennant Station
Morgan Hill, CA 95037
Denis Andrew Maris, Individually and Doing Business as Diversified Electric Company CSLB Number #765312
2/15/16 through 8/15/17
Decision SC 5714 
Fast Demolition, Inc.
601-C East Palomar Street #123
Chula Vista, CA 91911
CSLB Number: #792729
Rogelio Medina Vazquez., an individual and in his capacity as Responsible Managing Officer of FAST DEMOLITION, INC.
4/1/44 through 3/31/47
Decision LB5742 
4/1/41 through 3/31/44
Decision LB5665 
4/1/36 through 3/31/39
Decision LB5740 
4/1/33 through 3/31/37
Decision LB5651 
4/1/33 through 3/31/37
Decision LB5739 

4/1/24 through 3/31/27
Decision LB5741 
4/1/30 through 3/31/33
Decision LB5743 
4/1/27 through 3/31/30
Decision LB5666 
4/1/21 through 3/31/24
Decision LB5667 
4/1/18 through 3/31/21
Decision LB5668 
4/01/15 through 3/31/18
Decision LB5345 
Amerivet Plumbing, Inc.; Walter Edward Jacob Kuhlmann III, Individually And dba Amerivet Plumbing Services CSLB Number: #969048 and #919761
8/6/15 through 8/5/18
Decision SC 5756 
Ultimate Inc., And, Enrique Vera, an Individual
PO Box 571117
Tarzana, CA 91356-1117
CSLB Number: #949229
12/1/15 through 11/30/18
Decision LB 5655 & LBS659 
Travioli Construction, Inc.

PO Box 231
Visalia, CA 93274
CSLB Number: #936832
9/11/15 through 3/10/17
Decision SC 5800 
Integrity Sheet Metal, Inc.
319 McArthur Way
Upland, CA 91786
CSLB #726770
William Ben Hicks, an individual;
Margaret Mary Hicks, an individual
2/01/15 through 1/31/18
Decision LB 5596 
L A Builders, Inc., a California Corporation
15635 Saticoy Street, #H
Van Nuys, CA 91406
CSLB #748591
Alon Gamliel, an individual
2/01/15 through 1/31/18
Decision LB5 171 
USA Wall Systems, Inc.
8309 Sunshine Lane
Riverside, CA 92508
CSLB #929610
Edward Eugene Brammer, an individual
and in his capacity as President/CEO/RMO
4/01/15 through 3/31/18
Decision LB 5323 
Daughter Construction
formerly dba Hy Carpentry Construction
15407 Thornlake Avenue
Norwalk, CA 90650
CSLB #979297
Sharon Jin Yoo, an individual;
Dae Hyun Yoo, an individual
and in his capacity as manager/supervisor for Sharon Jin Yoo and in his capacity as General Partner for HY Construction, a General Partnership
4/01/15 through 3/31/18
Decision LB 5466, LB5467, LB5468 & LB5520 
RDA Construction, Inc.
1692 W. Bullard Ave.,
Fresno, CA 93711
CSLB# 383306
12/15/14 through 12/14/16
Decision 40-40508-522 & 44-40509-522 
Titan Electrical Construction, Inc.

Lucas Oliver Stickney, an individual
Jamie Noel Furr, an individual
630 Natoma Street
San Francisco, CA 94103
CSLB# 919516
11/3/14 through 11/2/17
Decision SC 5539 

Ramos Painting
Carlos Ray Ramos, an individual
P.O. Box 3871
Paso Robles, CA 93447
CSLB# 753575
11/3/14 through 11/2/15
Decision SC 5518 
Dick Emard Electric.
dba Emard Electric Luke Richard Emard, an individual and RMO 5930 Key Court, Suite A
Loomis, CA 95650
CSLB# 794007
11/3/14 thorough 11/2/17
Decision SC 5521 
Nixon Electric
Gordon Fulton Nixon, an individual
5624 Faust Ave
Woodland Hills, CA 91367
CSLB# 796802
8/1/14 through 7/31/17
Decision LB 4495 
Neris General Contractors, a California Corporation
Efren Neri, an individual
Servando Neri, an individual
Rebeca Neri, an individual
Luis Abelardo Castro, an individual
6087 California Ave.

Long Beach, CA 90805
CSLB# 797967
2/28/14 through 2/27/17
Decision LB 4511, LB4512 & LB4521 
Southland Construction
Reza Mohammedi, an individual
3943 Irvine Blvd., #405, Irvine, CA 92602
CSLB# 663784 (expired)
10/14/14 through 10/13/17
Decision SAC 5492 
National Drywall Corporation,
A Dissolved California Corporation
603 S. Milliken Avenue, Suite F
Ontario, CA 91761
CSLB #834335
Miguel Contreras, an Individual and
Responsible Managing Officer/CEO/President
Dora Maria Contreras, an Individual and
Agent/Officer of the Corporation
8/4/14 through 8/3/17
Decision SAC 5506 
Tadros & Youssef Construction, Inc.

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

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

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

James Jean Russell & Valery Alena Thompson, Individually 4684 Oak Glen Dr , Redding, CA 96001
CSLB# 915036 (revoked)
10/31/13 through 10/31/16
Decision SC 5309 
Ayodejia A. Ogundare, Individual
Dba Pacific Engineering Company
6310 Stewart Way, Bakersfield, CA 93308
5/15/2013 through 5/15/2014
Decision SAC 1039 

CLSB#710322
Wallcrete Industries, Inc.; Garit David
Wallace and Amber Anderson, Individuals
400 Kansas, Redlands, CA 92373
CSLB#834220
7/29/12 through 7/28/15
Decision SAC 5175
FEI Enterprises, Inc
Gabriel Fedida, Individual
5749 Venice Blvd., Los Angeles,  CA 90019
CSLB#659252
6/14/12 through 6/13/15
Decision SC 5198
Jeffrey Alan Mott and Michelle Mott, individuals
Dda Integrity Landscape
3756 Independence Avenue
Sanger, CA 93637
CSLB#774222
3/29/12 through 3/28/15
Decision SC 5160
Jensen Drywall & Stucco
Jeffrey E. Jensen
3714 Lynda Place
National City, CA 91950-8121
CSB # 664168 Exp. 2/18/11 (expired)
3/31/11 through 3/30/13
Decision SC 5095 
All West Construction, Inc.

Donald Kent Russell
495 N. Marks Ave.

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

Weldon Offill, individually
5915 Graham Ct.

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

S.J. Cimino Electric, Inc., a California corporation,
3267 Dutton Ave.

Santa Rosa, CA 95404
Salvatore Joseph Cimino, RMO, CEO and President of S.J. Cimino Electric, Inc. and sole owner of S.J. Cimino Electric, an individual
5825 Heights Rd
Santa Rosa, CA 95401
CSB #343802 Exp 2/28/10
CSB #294141 Exp 9/30/13 (inactive)
10/15/09 through 10/14/12
Decision SAC 1052 
Cedar Development Corporation
Serghon Gabriel Afram, individually
12477 Feather Dr
Mira Loma, CA 91752
CSB # 839898 Exp. 6/30/10 (suspended)
8/5/09 through 8/4/12
Decision SAC 1042 
All Floors Commercial and Residential Flooring, Inc.

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

Alberto Mordoki, individually
Mirella Mordoki, individually
5300 Beach Blvd., Suite 110-416
Buena Park, CA 90621
CSB #787533, revoked
3/16/09 through 3/15/12
Decision SAC1037 
Updated November 2024

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 16.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: July 23, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
Serrena McCuan, Human Resources Director
SUBJECT: Approval of Resolution No. 2025-99 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND APPROVING THE RESTRUCTING OF

WATER AND WASTEWATER DIVISION AND CREATION OF UTILITIES

OPERATOR CLASSIFICATION SERIES
SUMMARY:

Historically, the City of McFarland has maintained separate operational structures for its Water and Wastewater treatment functions, with distinct classifications for Water Operators and Wastewater Operators. While this structure has provided clarity between departmental responsibilities, it has also led to staffing redundancies, limited cross-coverage, and reduced operational flexibility.

With the recent approval of the Utilities Manager position providing centralized leadership over both water and wastewater operations, the City is now positioned to improve coordination between the departments without merging them administratively. The Water and Wastewater Divisions will remain separate in terms of regulatory oversight and budget structure; however, the classifications for field personnel will be unified under a single series. The proposed restructuring will establish a new Utilities Operator I/II/III classification series, replacing the separate Water and Wastewater Operator roles. Each level within the series will reflect progressively higher qualifications in terms of experience, certifications, and responsibilities.

This change is intended to create a more adaptable and skilled workforce capable of supporting both water and wastewater operations as needed. The only exception to this change will be for existing City staff impacted by this transition, who will be granted a period of time to obtain the required certifications if not already held.

The objectives of this classification restructuring include:
• Improving scheduling and coverage across both operational areas • Promoting efficiency while respecting departmental distinctions • Supporting employee development through a defined advancement pathway • Enhancing compliance by broadening the technical capabilities of field staff No job losses will occur as a result of this transition. All current qualified employees will be reclassified into the appropriate Utilities Operator level based on their qualifications,

certifications, and duties. The Human Resources Department, in collaboration with the Public Works Department, will oversee the reclassification process to ensure a smooth and equitable implementation.

The staff report includes updated salary ranges for each of the new Utilities Operator classifications as well as an analysis of Full-Time Equivalent (FTE) positions proposed versus those currently budgeted. This analysis ensures the restructuring remains fiscally responsible and aligns with long-term departmental staffing needs.

The restructuring also includes a review and update of the salary structure to ensure internal equity and competitiveness. Position ranges are as follows:

Utilities Operator in Training - Range 19 ($20.56-$26.31 Hourly) total FTE 2 Utilities Operator I - Range 32 ($28.34-$36.27 Hourly) total FTE 3 Utilities Operator II (Lead) - Range 36 ($31.28-$40.04 Hourly) total FTE 2 Utilities Operator III (Supervisor) - Range 41 ($35.39-$45.30 Hourly) total FTE 0 FINANCIAL IMPACT:

There is no anticipated increase in personnel costs as a result of this action. Reclassification will be made within the existing salary ranges and staffing allocations previously approved by Council. By creating efficiencies through the consolidation of operations, the City anticipates a cost savings of $76,129.06. As such, no budget adjustment is needed at this time RECOMMENDATION:

Staff recommends the City Council approve the classification restructuring of Water and Wastewater Operator positions into a unified Utilities Operator I/II/III series. This action will not combine departments but will create a consolidated job classification series to increase operational efficiency and staff flexibility.

ATTACHMENTS:

1. Utilities Restructuring Cost Comparison

2. Salary Range FY25-26 - Updated Utilities Operators

3. Utilities Operator in Training

4. Utilities Operator I

5. Utilities Operator II (Lead)

6. Utilities Operator III (Supervisor)

RESOLUTION NO. 2025-99

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

THE ESTABLISHMENT OF THE UTILITIES OPERATOR I/II/III CLASSIFICATION

SERIES AND AUTHORIZING THE RECLASSIFICATION OF EXISTING WATER AND

WASTEWATER OPERATOR POSITIONS
WHEREAS, the City of McFarland has historically maintained separate operational structures for its Water and Wastewater treatment functions, with distinct classifications for Water Operators and Wastewater Operators. While this structure provided clarity between departmental responsibilities, it also created staffing redundancies, limited cross-coverage, and reduced operational flexibility; and WHEREAS, the City has identified operational efficiencies and limited staffing flexibility resulting from the separation of Water and Wastewater Operator Classifications; and WHEREAS, the City Council previously approved the creation of a Utilities Manager position to provide centralized leadership over both Water and Wastewater operations while maintaining separate departmental functions; and
WHEREAS, staff recommend unifying the job classifications under a single Utilities Operator I/II/III classifications series to improve operational efficiency, increase workforce flexibility, and support employee development; and
WHEREAS, the proposed restructuring will not result in job loss, and current Water and Wastewater Operators will be reclassified into the new Utilities Operator series based on experience, certification, and role; and
WHEREAS, the objectives of the classification restructuring include improving scheduling and cross-coverage across both operational areas, increasing efficiency while respecting departmental distinctions, creating a structured pathway for employee advancement, and strengthening regulatory compliance through broader field staff competency; and
WHEREAS, the Human Resources Department, in partnership with the Public Works Department, will oversee the reclassification process to ensure fairness, transparency, and operational continuity throughout the transition; and
WHEREAS, updated salary ranges and full-time (FTE) analyses have been included as part of this

restructuring plan to ensure fiscal responsibility and alignment with long-term staffing needs. The new classifications and associated salary ranges are as follows: Utilities Operator in Training – Range 19 ($42,754.55 - $54,728.92); 2 FTE, Utilities Operator I – Range 32 ($58,937.62 - $75,444.42); 3 FTE, Utilities Operator II (Lead) – Range 36 ($65,056.11 - $83,276.53); 2 FTE, Utilities Operator III (Supervisor) – Range 41 ($73,605.01 - $94,219.75); 0 FTE WHEREAS, the total estimated cost for all proposed Utilities Operator positions, including benefits, is $758,123.25, and this plan reflects a fiscally prudent approach that aligns with the City’s operational goals and workforce development strategies.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of McFarland as follows:

1. The City Council hereby approves the restructuring of the Water and Wastewater field classifications into a unified Utilities Operator classification series consisting of Utilities Operator in Training, Utilities Operator I, Utilities Operator II (Lead), and Utilities Operator III (Supervisor), as outlined in the accompanying staff report.

2. The City Council further approves the corresponding salary ranges and Full-Time Equivalent (FTE) allocations for each classification, with a total estimated cost, including benefits, of $758,123.25,and hereby adopts the updated FY 2025-26 Salary Range Schedule incorporating this change, attached hereto and made a part of this resolution..

3. The Human Resources Department, in coordination with the Public Works Department, is directed to implement the reclassification process, ensuring that all current qualified employees are placed appropriately within the new structure based on their qualifications, certifications, and duties.

4. A transitional period shall be granted to existing City employees impacted by this reclassification to obtain the required certifications necessary for their new classifications.

5. The Water and Wastewater Divisions shall remain operationally distinct in terms of regulatory and budgetary oversight; however, the unified classification structure will enhance scheduling flexibility, operational efficiency, and workforce development.

6. This resolution shall become effective in the first payroll cycle upon adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on July 23, 2025 by the following vote:

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

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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

Previous Structure
Position FTEs Type Range Min Hourly Max Hourly Min Annual Max Annual Average Annual
Pay Per FTE
Average
Annual Pay Payroll Taxes 401K
Medical
(Estimate)
Total Estimated
Cost
WasteWater Supervisor 1 Non-Exempt 38 $ 32.86 $ 42.06 $ 68,348.80 $ 87,484.80 $ 77,916.80 $ 77,916.80 $ 5,960.64 $ 7,791.68 $ 15,000.00 $ 106,669.12 WasteWater Operator II 2 Non-Exempt 30 $ 26.97 $ 34.52 $ 56,097.60 $ 71,801.60 $ 63,949.60 $ 127,899.20 $ 9,784.29 $ 12,789.92 $ 30,000.00 $ 180,473.41 WasteWater Operator I 1 Non-Exempt 27 $ 25.04 $ 32.06 $ 52,083.20 $ 66,684.80 $ 59,384.00 $ 59,384.00 $ 4,542.88 $ 5,938.40 $ 15,000.00 $ 84,865.28 Water Supervisor 1 Non-Exempt 38 $ 32.86 $ 42.06 $ 68,348.80 $ 87,484.80 $ 77,916.80 $ 77,916.80 $ 5,960.64 $ 7,791.68 $ 15,000.00 $ 106,669.12 Water Operator II 3 Non-Exempt 30 $ 26.97 $ 34.52 $ 56,097.60 $ 71,801.60 $ 63,949.60 $ 191,848.80 $ 14,676.43 $ 19,184.88 $ 45,000.00 $ 270,710.11 Water Operator I 1 Non-Exempt 27 $ 25.04 $ 32.06 $ 52,083.20 $ 66,684.80 $ 59,384.00 $ 59,384.00 $ 4,542.88 $ 5,938.40 $ 15,000.00 $ 84,865.28 9 Totals: $ 594,349.60 $ 45,467.74 $ 59,434.96 $ 135,000.00 $ 834,252.30 Current Structure
Position FTEs Type Range Min Hourly Max Hourly Min Annual Max Annual Average Annual
Pay Per FTE
Average
Annual Pay Payroll Taxes 401K
Medical
(Estimate)
Total Estimated
Cost
Utilities Manager 1 Exempt 46 $ 40.04 $ 51.25 $ 83,283.20 $ 106,600.00 $ 94,941.60 $ 94,941.60 $ 7,263.03 $ 9,494.16 $ 15,000.00 $ 126,698.79 Utilities Supervisor 0 Non-Exempt 41 $ 35.39 $ 45.30 $ 73,611.20 $ 94,224.00 $ 83,917.60 $ - $ - $ - $ - $ - Utility Operator II 2 Non-Exempt 36 $ 31.28 $ 40.04 $ 65,062.40 $ 83,283.20 $ 74,172.80 $ 148,345.60 $ 11,348.44 $ 14,834.56 $ 30,000.00 $ 204,528.60 Utility Operator I 3 Non-Exempt 32 $ 28.34 $ 36.28 $ 58,947.20 $ 75,462.40 $ 67,204.80 $ 201,614.40 $ 15,423.50 $ 20,161.44 $ 45,000.00 $ 282,199.34 Utility Operator In Training 2 Non-Exempt 19 $ 20.56 $ 26.31 $ 42,764.80 $ 54,724.80 $ 48,744.80 $ 97,489.60 $ 7,457.95 $ 9,748.96 $ 30,000.00 $ 144,696.51 8 Totals: $ 542,391.20 $ 41,492.93 $ 54,239.12 $ 120,000.00 $ 758,123.25 Net Savings 76,129.06

City Manager Contract
Police Chief Contract
Police Captain Contract
Cold Case Investigator Contract
Finance Director Contract
Public Works Director Contract
Assistant Public Works Director Contract
Community Development Director Contract
Human Resources Director Contract
City Councilmembers $200

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F Administrative Assistant I 15 1,489.75 1,565.17 1,644.40 1,727.64 1,815.10 1,906.99 18.62 23.84 Accounting Clerk I 15 1,489.75 1,565.17 1,644.40 1,727.64 1,815.10 1,906.99 18.62 23.84 Community Service Officer 15 1,489.75 1,565.17 1,644.40 1,727.64 1,815.10 1,906.99 18.62 23.84 Accounting Clerk II 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Animal Control/Code Enforcement Officer 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Police Office Technician 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Community Development Technician 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Utilities Operator In Training 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Wastewater Treatment Plant Operator In Training 19 1,644.41 1,727.65 1,815.11 1,907.00 2,003.53 2,104.96 20.56 26.31 Street Maintenance I 22 1,770.85 1,860.49 1,954.67 2,053.63 2,157.59 2,266.81 22.14 28.34 Police Emergency Dispatcher 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Accounting Clerk III 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Sweeper/Street Maintenance Worker I 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Transit Operator 25 1,907.01 2,003.55 2,104.97 2,211.53 2,323.48 2,441.11 23.84 30.51 Administrative Assistant II 26 1,954.68 2,053.63 2,157.59 2,266.82 2,381.57 2,502.13 24.43 31.28 Facilities Maintenance Specialist 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Crime Scene Technician 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Police Officer Reserve/Trainee 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Communications and Marketing Specialist 27 2,003.55 2,104.97 2,211.53 2,323.49 2,441.11 2,564.69 25.04 32.06 Animal Control/Code Enforcement Supervisor 29 2,104.98 2,211.54 2,323.49 2,441.12 2,564.69 2,694.52 26.31 33.68 Administrative Assistant III 30 2,157.60 2,266.83 2,381.58 2,502.14 2,628.81 2,761.89 26.97 34.52 Parks and Streets Maintenance Supervisor 32 2,266.83 2,381.59 2,502.15 2,628.81 2,761.89 2,901.71 28.34 36.27 Staff Accountant 32 2,266.83 2,381.59 2,502.15 2,628.81 2,761.89 2,901.71 28.34 36.27 Utilities Operator I 32 2,266.83 2,381.59 2,502.15 2,628.81 2,761.89 2,901.71 28.34 36.27 Police Officer 33 2,323.50 2,441.13 2,564.70 2,694.54 2,830.94 2,974.25 29.04 37.18 School Resource Officer 33 2,323.50 2,441.13 2,564.70 2,694.54 2,830.94 2,974.25 29.04 37.18 Building Inspector I/Code Enforcement Officer 35 2,441.13 2,564.71 2,694.54 2,830.95 2,974.26 3,124.82 30.51 39.06 Utilities Operator II 36 2,502.16 2,628.82 2,761.90 2,901.72 3,048.61 3,202.94 31.28 40.04 Police Corporal 37 2,564.71 2,694.55 2,830.95 2,974.26 3,124.83 3,283.02 32.06 41.04 Communication/Records Supervisor 38 2,628.83 2,761.91 2,901.73 3,048.62 3,202.95 3,365.09 32.86 42.06 Accounting Supervisor 38 2,628.83 2,761.91 2,901.73 3,048.62 3,202.95 3,365.09 32.86 42.06 Police Sergeant 41 2,830.96 2,974.27 3,124.84 3,283.03 3,449.23 3,623.84 35.39 45.30 Utilities Operator III 41 2,830.96 2,974.27 3,124.84 3,283.03 3,449.23 3,623.84 35.39 45.30 City Clerk (Non-Certified) 35 2,441.13 2,564.71 2,694.54 2,830.95 2,974.26 3,124.82 30.51 39.06 City Clerk (Certified) 41 2,830.96 2,974.27 3,124.84 3,283.03 3,449.23 3,623.84 35.39 45.30 Assistant Engineer/Projects Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Finance Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Grant Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Senior City Planner 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25 Utilities Manager 46 3,202.97 3,365.12 3,535.47 3,714.45 3,902.48 4,100.04 40.04 51.25

EXEMPT EMPLOYEE PAY SCHEDULE - BIWEEKLY HOURLY PAY

CITY OF MCFARLAND

POSITION & SALARY RANGE LIST
EFFECTIVE 07/01/2025-06/30/2026

CONTRACT EMPLOYEES

CITY COUNCIL - MONTHLY

NON- EXEMPT EMPLOYEE PAY SCHEDULE - BIWEEKLY HOURLY PAY

City of McFarland
Utilities Operator in Training
Department: Public Works
Reports To: Utilities Manager or Designee
FLSA Status: Non-Exempt
Salary Range: Range 19: $20.56 - $26.23 (Hourly)
Status: Full-Time
Position Summary:

The Utilities Operator in Training is an entry-level, trainee classification designed for individuals pursuing a career in water and wastewater operations. Under close supervision, incumbents receive on-the-job training in the basic functions of Utilities systems maintenance, repair, and operation. This position is intended to prepare individuals to obtain State certifications and progress into the Utilities Operator I classification.

Distinguishing Characteristics:

This is a temporary pre-certification position. Employees must obtain required certifications within 12–18 months of appointment to be considered for advancement.

The duties listed below are intended only as illustrations of the various types of work that may be performed at this level. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to Utilities Operator in Training classification. Duties may vary depending on assignment and operational needs.

Essential Duties:

Participate in basic tasks related to the construction, maintenance, and repair of water distribution and wastewater collection systems, including digging, backfilling, compacting, and site cleanup.
• Receive training in confined space entry, trench safety, lockout/tagout procedures, and traffic control. Follow all safety procedures while working in or around hazardous conditions or equipment.
• Learn to safely operate and maintain hand tools, power tools, valves, pumps, flushing equipment, and other Utilities maintenance devices.
• Assist with the flushing of hydrants and exercising of valves as directed to maintain system flow and performance.
• Observe and assist certified staff in collecting water samples for bacteriological and chlorine residual testing from designated sampling points throughout the distribution system.
• Assist in locating and marking underground Utilities lines as part of the Underground Service Alert (USA) program.
• Support water meter reading, removal, installation, and troubleshooting under supervision, including turning water services on and off as directed.

• Assist with maintaining written and digital logs, forms, and records of daily work, including maintenance performed, locations visited, and equipment used. • Help clean, inspect, and restock service vehicles and tools at the start and end of each shift to ensure readiness for the next day’s work.
• Actively participate in on-the-job and formal training sessions to prepare for required certification exams and to develop knowledge in Utilities system operations, water quality regulations, and maintenance techniques.
• Serve in a support role during Utilities emergencies (e.g., water main breaks, sewer overflows), including after-hours and weekend calls under direct supervision.

Demonstrate Professional Growth:

Show initiative in learning new tasks, seeking clarification when needed, and demonstrating readiness for advancement to Utilities Operator I through progress in training, performance, and certification achievement.

EDUCATION AND EXPERIENCE
Utilities Operator in Training
• High School Diploma or GED
• Valid California Class C Driver’s License
• Ability to obtain:
o Grade I Water Distribution or Grade 1 Treatment Distribution Certificate and Operator-In-Training Wastewater Distribution/Treatment Operator Certificate issued by the State of California Water Resources Control Board within 18 months
o Confined space and CPR/First Aid training
COMPENSATION AND BENEFITS:

The City of McFarland offers an excellent benefit package including:
o Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents
o Life insurance equal to 1-year base salary with a minimum of $50,000 o Retirement: Deferred Compensation 401(k) -The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. The City is not a PERS (Public Employees Retirement System) agency. o Supplemental life insurance (Optional)
o Deferred Compensation 457 Plan (Optional)
o Section 125 plan participation
o 12 days' vacation and 12 days sick pay accrued annually o 12 Days Holiday Pay
o 9/80 Work Schedule- every other Friday off
APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment

application. To be considered for this position, please submit a complete employment application and resume.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department.

Additional Information
All City employees are designated Disaster Service Workers and may be required to respond to emergencies or disaster-related activities.

City of McFarland
Utilities Operator I
Department: Public Works
Reports To: Utility Manager
FLSA Status: Non-Exempt
Salary Range: Range 32: $28.34 - $36.27 (Hourly)
Status: Full-Time
Position Summary:

Entry-level position responsible for assisting with the maintenance and operation of the City’s water and wastewater systems. This role involves semi-skilled labor under direct supervision, intended for learning essential infrastructure and safety practices.

Distinguishing Characteristics:

Works under close supervision and performs routine, basic functions. This class is designed for training and advancement to Utilities Operator I.

The duties listed below are intended only as illustrations of the various types of work that may be performed by an employee in this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to Utilities Operator I. Duties are performed under close supervision and may expand with training and demonstrate competency.

Essential Duties:
• Follow proper and safe procedures and practices in all facets of the water distribution, sewer collection facilities, and storm drain and fiber optic infrastructure. • Ensure high level of cleanliness of assigned areas and associated building/facilities and grounds, and that pump, valves, and other equipment receive timely lubrication. • Assignments may include emergency actions that require the use of independent judgement, initiative and performance of essential activities within established operational parameters.
• Collect routine water sampling for citywide wells, tanks and bacteriological sampling sites.
• Assume responsibility for Underground Service Alert Program - daily operation, maintenance, and record keeping.
• Locate main, water, and service lines for all City owned underground utility services as needed for City staff, contractors, and other utility companies. • Plan and execute the efficient and safe use of tools, equipment, labor and materials to successfully provide specific services and/or the successful completion of projects. • Install, maintain and repair water mains, water service connections, fire hydrants, and valves.

• Operate pumps, valves, chlorination equipment, sampling equipment and other wastewater flow regulation and treatment controls equipment. • Perform routine maintenance on equipment, such as lubrication, oil changes and belt changes; Clean well and booster stations using tools such as high-pressure washers, water houses and brushes.
• Maintain set points for computer-controlled wells, booster stations, pressure control valves, and storage tanks.
• Turn water service on/off, seal services, and/or remove meters, as directed. • Respond to customer questions and complaints, build and maintain positive relationships with the public and other agencies.
• Produce and maintain record accounts of U.S.A. Program for all underground utilities throughout the City.
• Work with assigned personnel in troubleshooting equipment failures and water system operation difficulties.
• Perform sample collection and routine analysis of water and wastewater using accepted techniques to maintain regulatory compliance.
• Conduct traffic control when working in high traffic areas; control and divert traffic using traffic cones, flag stands, signs, arrow boards and hand paddles. • Assist in routine repair work such as disassembly, repair and installation of valves, switches, process instrumentation, motors, and related equipment. • Perform duties of a disaster services worker in the event of an emergency. • Perform other related duties as assigned.

Knowledge of:
• Water and wastewater system maintenance, operation, and construction practices, methods, equipment techniques, and materials.
• Basic principles of water production and treatment, occupational hazards and safety precautions in the workplace.
• Operation and maintenance of a wide variety of hand and power tools and equipment common to the field.
• Safe work methods and safety regulations pertaining to the work. • Personal computing equipment including Word processing, database, spreadsheet, applications, and industry related software.
• Applicable Federal, State and local laws, ordinances, regulations, and guidelines relevant to assigned duties.
• Safety equipment and practices related to the work, including the handling of hazardous chemicals and confined space entry.

Skilled in:
• The use and care of tools and equipment used in the installation, maintenance, and repair of the water and wastewater systems, including piping systems, pumps, valves, storage tanks, wet wells, and operational control panels.
• Identifying problems, reviewing courses of action, and making decisions.

• Good judgment, dependability, and adaptability.
• Evaluating or making independent decisions, based on experience or knowledge, with limited supervision.
• Developing feasible solutions to problems, recommending actions, and referring problems to the supervisor when necessary.
• Meeting deadlines balanced with strong attention to detail and quality.

Ability to:
• Follow work direction and maintenance procedures at work sites. • Operate assigned equipment and vehicles safely and follow safe work practices and procedures.
• Operate and maintain a variety of hand and power tools and equipment used in the work. • Operate standard office equipment, such as copy machine and phone systems • Perform heavy manual tasks for extended periods of time. • Establish and maintain effective working relationships with City management, staff, the public, and others encountered in the course of work.
• Communicate effectively in English, both verbally and in writing. • Keep basic written records of work performed.
• Learn related personal computer applications.
• Train subordinate staff as required.
• Exercise judgment and initiative within established guidelines. • Use appropriate safe work practices and equipment.
• Work nights, weekends, and holidays.
• Work emergency callouts.

EDUCATION AND EXPERIENCE
Utilities Operator I
• High School Diploma or equivalent; and
• Two (2) years of relevant work experience in water distribution and treatment facilities; and
• Valid California Class C Driver’s License
• Must obtain Class B Driver License with a good driving record; and o Successful participation in the DOT Drug and Alcohol Program. • Possession of a Grade II Water Distribution or Grade II Water Treatment Operator Certificate and Grade I Wastewater Distribution/Treatment Operator Certificate issued by the State of California Water Resources Control Board.

COMPENSATION AND BENEFITS:

The City of McFarland offers an excellent benefit package including:
o Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents

o Life insurance equal to 1-year base salary with a minimum of $50,000 o Retirement: Deferred Compensation 401(k) -The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. The City is not a PERS (Public Employees Retirement System) agency. o Supplemental life insurance (Optional)
o Deferred Compensation 457 Plan (Optional)
o Section 125 plan participation
o 12 days' vacation and 12 days sick pay accrued annually o 12 Days Holiday Pay
o 9/80 Work Schedule- every other Friday off
APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment application. To be considered for this position, please submit a complete employment application and resume.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department.

Additional Information
All City employees are designated Disaster Service Workers and may be required to respond to emergencies or disaster-related activities.

City of McFarland
Utilities Operator II (Lead)
Department: Public Works
Reports To: Utility Manager
FLSA Status: Non-Exempt
Salary Range: Range 36: $31.28-$40.04 (Hourly)
Status: Full-Time
Position Summary:

Performs skilled work in the construction, maintenance, and monitoring of the City’s water distribution and wastewater collection systems. Works under general supervision and may serve as a leader on small crews.

Distinguishing Characteristics:

This is a mid-level class in this series. Individuals have responsibility for the safe and continuous operations of the water and wastewater infrastructure with minimal supervision. Progression to Utilities Operator II (Lead) is a promotional opportunity and not automatic.

The duties listed below are intended only as illustrations of the various types of work that may be performed at this level. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to Utilities Operator II (Lead) classification. Duties may vary depending on assignment and operational needs.

Essential Duties:
• Perform skilled and semi-skilled work in the operation, maintenance, inspection, and repair of water distribution systems, wastewater collection systems, and related infrastructure.
• Monitor, maintain, and troubleshoot utility infrastructure such as pumps, motors, valves, meters, pressure regulators, chemical feed systems, lift stations, and telemetry systems. • Conduct field inspections to detect leaks, blockages, equipment failures, or noncompliance with safety and regulatory standards. • Assist in the installation and replacement of water and sewer lines, meters, and service connections.
• Collect water and wastewater samples and perform basic field tests in compliance with state and federal regulations.
• Maintain accurate logs, reports, work orders, and records of inspections, repairs, maintenance activities, and chemical usage.
• Operate and maintain heavy equipment and specialized utility vehicles such as vactor trucks, backhoes, trenchers, and dump trucks.
• Respond to customer complaints, service requests, and emergency call-outs for leaks, overflows, backups, or system alarms.
• Follow established safety procedures, wear appropriate personal protective equipment (PPE), and participate in safety trainings and tailgate meetings.

• Participate in standby and on-call rotation for after-hours emergency response. • Provide guidance and training to Utility Operator I staff; serve as a lead on minor projects or assignments when delegated.
• Support compliance with regulatory permits and inspections by assisting with recordkeeping, site maintenance, and reporting requirements. • Assist with maintenance of City-owned wells, reservoirs, treatment plants, and sewer lift stations.
• Perform other duties as assigned related to the department’s mission and operational needs.

Knowledge of:
• Water and wastewater system maintenance, operation, and construction practices, methods, equipment techniques, and materials.
• Basic principles of water production and treatment, occupational hazards and safety precautions in the workplace.
• Operation and maintenance of a wide variety of hand and power tools and equipment common to the field.
• Safe work methods and safety regulations pertaining to the work. • Personal computing equipment including Word processing, database, spreadsheet, applications, and industry related software.
• Applicable Federal, State and local laws, ordinances, regulations, and guidelines relevant to assigned duties.
• Safety equipment and practices related to the work, including the handling of hazardous chemicals and confined space entry.

Skilled in:
• The use and care of tools and equipment used in the installation, maintenance, and repair of the water and wastewater systems, including piping systems, pumps, valves, storage tanks, wet wells, and operational control panels.
• Identifying problems, reviewing courses of action, and making decisions. • Good judgment, dependability, and adaptability.
• Evaluating or making independent decisions, based on experience or knowledge, with limited supervision.
• Developing feasible solutions to problems, recommending actions, and referring problems to the supervisor when necessary.
• Meeting deadlines balanced with strong attention to detail and quality.

Ability to:
• Follow work direction and maintenance procedures at work sites. • Operate assigned equipment and vehicles safely and follow safe work practices and procedures.
• Operate and maintain a variety of hand and power tools and equipment used in the work. • Operate standard office equipment, such as copy machine and phone systems

• Perform heavy manual tasks for extended periods of time. • Establish and maintain effective working relationships with City management, staff, the public, and others encountered in the course of work.
• Communicate effectively in English, both verbally and in writing. • Keep basic written records of work performed.
• Learn related personal computer applications.
• Train subordinate staff as required.
• Exercise judgment and initiative within established guidelines. • Use appropriate safe work practices and equipment.
• Work nights, weekends, and holidays.
• Work emergency callouts.

EDUCATION AND EXPERIENCE
Utilities Operator II (Lead)
• High School Diploma or equivalent; and
• Four (4) years of relevant work experience in water distribution and treatment facilities; and
• Valid California Class C Driver’s License
• Valid California Class B Driver License with a good driving record; and o Successful participation in the DOT Drug and Alcohol Program. • Possession of a Grade II Water Distribution AND Grade II Treatment Operator Certificate and Grade II Wastewater Distribution/Treatment Operator Certificate issued by the State of California Water Resources Control Board.

COMPENSATION AND BENEFITS:

The City of McFarland offers an excellent benefit package including:
o Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents
o Life insurance equal to 1-year base salary with a minimum of $50,000 o Retirement: Deferred Compensation 401(k) -The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. The City is not a PERS (Public Employees Retirement System) agency. o Supplemental life insurance (Optional)
o Deferred Compensation 457 Plan (Optional)
o Section 125 plan participation
o 12 days' vacation and 12 days sick pay accrued annually o 12 Days Holiday Pay
o 9/80 Work Schedule- every other Friday off
APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment

application. To be considered for this position, please submit a complete employment application and resume.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department.

Additional Information
All City employees are designated Disaster Service Workers and may be required to respond to emergencies or disaster-related activities.

City of McFarland
Utilities Operator III (Supervisor)
Department: Public Works
Reports To: Utilities Manager
FLSA Status: Non-Exempt
Salary Range: Range: 41 $35.39 - $45.30 (Hourly)
Status: Full-Time
Position Summary:

The Utilities Operator III (Supervisor) provides day-to-day field supervision for water and wastewater staff and operations. This advanced technical and supervisory position performs complex maintenance tasks while assigning work, training team members, and ensuring compliance with operational standards and safety procedures.

Distinguishing Characteristics:

This classification functions as a working supervisor and liaison between field staff and management. It is distinguished from Utilities Operator II by its formal supervisory and leadership responsibilities.

The duties listed below are intended only as illustrations of the various types of work that may be performed at this level. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to Utilities Operator III classification. Duties may vary depending on assignment and operational needs.

Essential Duties:
• Plan, assign, and oversee the daily work of Utilities crews engaged in the maintenance, operation, and repair of the City’s water distribution and wastewater collection systems.

Ensure staff have necessary tools, equipment, and resources to complete assignments safely and effectively.
• Serve as a worker by demonstrating best practices in Utilities maintenance and repair.

Train and mentor team members on proper procedures for valve operation, hydrant flushing, sewer line cleaning, pump and lift station maintenance, and safety protocols. • Evaluate system performance using SCADA and field reports. Prioritize work orders, preventative maintenance tasks, emergency repairs, and customer service requests based on urgency and operational impact.
• Maintain open communication with the Utilities Manager regarding project progress, staffing needs, and system issues. Work closely with Public Works and Engineering staff to support capital improvement projects and Utilities upgrades. • Oversee water quality sampling, system flushing, and chlorine residual testing. Ensure all work is performed in accordance with federal, state, and local regulations. Verify completion and accuracy of daily logs, inspection forms, and maintenance records.

• Serve as the on-scene supervisor during Utilities emergencies such as water main breaks, sewer backups, or pump station failures. Direct crew response, coordinate traffic control, and communicate with emergency services or outside agencies as needed. • Respond to customer inquiries and complaints regarding service interruptions, water quality, or wastewater issues. Investigate concerns and take corrective action while maintaining a professional and respectful demeanor.
• Conduct regular safety tailgate meetings, ensure proper use of personal protective equipment (PPE), and enforce safe work practices. Inspect job sites to identify and address potential hazards or operational deficiencies.
• Assist with onboarding and training of new employees. Provide feedback on employee performance and recommend additional training or corrective action as needed. May contribute input for formal evaluations.
• Monitor supply levels and assist with ordering tools, equipment, and materials. Ensure equipment is properly maintained and vehicles are stocked and ready for deployment. • Compile data for operational reports, maintenance tracking, and regulatory submissions.

Assist in the development of preventive maintenance schedules, operational protocols, and field procedures.
• Assume supervisory responsibilities during the Utilities Manager’s absence, including making field decisions, coordinating staffing schedules, and serving as point of contact for upper management and outside agencies.

EDUCATION AND EXPERIENCE
Utilities Operator III (Supervisor)
• High School Diploma or equivalent; and
• Valid California Class C Driver’s License
• Valid California Class B Driver License with a good driving record; and o Successful participation in the DOT Drug and Alcohol Program. • Supervisory experience and SCADA/PLC knowledge strongly preferred • Possession of WWTP Grade II, must obtain Grade III Water Distribution and Grade III Treatment Operator Certificate within 18 months.

The City of McFarland offers an excellent benefit package including:
o Comprehensive City paid medical, dental, and vision benefits for the employee and Dependents
o Life insurance equal to 1-year base salary with a minimum of $50,000 o Retirement: Deferred Compensation 401(k) -The City of McFarland contributes an additional 10% of an employee's pay each pay period into a 401K plan, at no cost to the employee. The City is not a PERS (Public Employees Retirement System) agency. o Supplemental life insurance (Optional)
o Deferred Compensation 457 Plan (Optional)
o Section 125 plan participation
o 12 days' vacation and 12 days sick pay accrued annually

o 12 Days Holiday Pay
o 9/80 Work Schedule- every other Friday off
APPLICATION: To apply, please complete and application online at www.mcfarlandcity.org. Resumes will not be accepted in lieu of a City employment application. To be considered for this position, please submit a complete employment application and resume.

EQUAL OPPORTUNITY EMPLOYER: The City of McFarland is an Equal Opportunity Employer. In accordance with the Americans with Disabilities Act of 1990 (ADA), requests for special accommodations during any stage of the examination process should be made in advance to the Human Resources Department.

Additional Information
All City employees are designated Disaster Service Workers and may be required to respond to emergencies or disaster-related activities.

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 17.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: July 23, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Serrena McCuan, Human Resources Director
SUBJECT: Approval of Resolution No. 2025-100 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING A RETENTION

INCENTIVE PAYMENT PLAN AND AGREEMENT FOR DISPATCH

PERSONNEL
SUMMARY:

Dispatchers are a critical component of the City's public safety infrastructure, serving as the first point of contact in emergency situations and providing vital communication support to police and emergency response personnel. The ability to maintain a stable and experienced dispatch workforce is essential to ensuring public safety, efficient emergency response times, and continuity of operations.

The City of McFarland has experienced difficulties in retaining qualified dispatch personnel due to high turnover, job-related stress, and competition from neighboring cities offering more competitive compensation and incentive packages. Prolonged vacancies in these positions place added strain on remaining staff, contribute to increased overtime costs, and elevate the risk of burnout, further threatening staff retention and public safety performance.

To address recruitment and retention challenges, the City proposes implementing a hiring incentive payment plan for qualified Dispatcher candidates. This structured incentive payment plan aims to encourage experienced officers to join and remain with the department, improving workforce stability and reducing the need for repeated recruitment cycles.

Payment Structure: The total $5,000 Incentive Payment will be split into two payments:
• Payment 1: $2,500 to be paid within ten (10) days of the Employee’s successful completion of the probationary period (“Initial Payment Date”), and • Payment 2: $2,500 to be paid on the one-year anniversary of the Initial Payment Date (“Second Payment Date”), contingent upon the employee remaining actively employed with the City on that date.

Maintaining full staffing levels in these roles is crucial for minimizing response times, reducing staff burnout, and enhancing community safety.

FINANCIAL IMPACT:

The total cost of the incentive program will be funded through existing department salary savings and does not require an additional appropriation at this time.

RECOMMENDATION:

Staff recommends that the City Council approve the Dispatcher Retention Incentive Program and authorize the City Manager or designee to execute associated agreements.

ATTACHMENTS:

1. 07.2025.Incentive Payment Agreement (Retention Bonus -Police Office Tech)

RESOLUTION NO. 2025-100

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

RETENTION INCENTIVE PAYMENT PLAN FOR DISPATCH PERSONNEL WHEREAS, the City of McFarland recognizes the essential role of dispatch personnel in maintaining public safety operations; and
WHEREAS, the City has experienced recruitment and retention challenges in critical dispatch positions due to increasing demand and competition with neighboring jurisdictions; and WHEREAS, comparable agencies, including the City of Delano and City of Shafter, have implemented hiring and retention incentives ranging from $5,000 to $7,000 for public safety roles; and WHEREAS, the City seeks to proactively implement an incentive strategy to retain trained dispatch staff and maintain operational readiness; and
WHEREAS, the proposed Retention Incentive Payment Plan provides a one-time payment of $5,000 to eligible employees, split into two equal installments, contingent upon execution of an Agreement, completion of probation, and continued service with the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of McFarland, as follows:

1. The City Council finds that it is in the best interest of the City to implement a Retention Incentive Payment Program for dispatch personnel in order to support staffing stability, operational efficiency, and continuity of public safety services.

2. The City Council hereby approves the issuance of a one-time retention incentive payment in the amount of $5,000 to eligible dispatch personnel, to be distributed in two equal payments. - $2,500 upon successful completion of the employee's probationary period; and - $2,500 upon the one-year anniversary of the initial payment, contingent upon continued active employment

3. The City Manager or their designee is authorized to execute Incentive Agreements with qualifying dispatch staff consistent with the terms outlined herein.

4. The funds for this incentive program shall be provided through existing salary savings within the Police Department budget and shall not require additional appropriations at this time.

5. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on July 23, 2025 by the following vote:

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

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.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

CITY OF MCFARLAND
Incentive Payment Agreement
Employee Information
Re: Retention/Hiring Bonus
Dear Employee:

This Incentive Payment Agreement (“Agreement”) is made on this ______day of __________, 202__, by and between the McFarland Police Department (“MPD”) and the City of McFarland (the “City”) (collectively the “City” or “Employer”) and ____________ (“Employee”).

The City and Employee are collectively referred to as the “Parties” where appropriate.

RECITALS
WHEREAS, in light of Employees importance to the continued success of the MPD and to provide Employee you with an incentive to remain with the MPD during the coming years, the City will provide Employee with a Cash Incentive Payment.

WHEREAS, in exchange for the City’s issuance of the Incentive Payment, Employee agrees to reimburse the City either through work (by remaining employed with the City for a specific time period as set forth in this Agreement), or by Repayment (if Employee’s employment is terminated as set forth in this Agreement prior to Employee completing the agreed-upon service to the City).

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

AGREEMENT

1. Issuance of Incentive Payment. The City shall issue payment to Employee in the amount of $5,000 (“Incentive Payment”), less applicable withholdings and deductions as outlined below (the “Payment Date”), subject to the terms and conditions of this Agreement.
a. Payment Structure: The total $5,000 Incentive Payment will be split into two payments:
i. Payment 1: $2,500 to be paid within ten (10) days after Employee’s successful completion of the probationary period (“Initial Payment Date”), and
ii. Payment 2: $2,500 to be paid on the one-year anniversary of the Initial Payment Date (“Second Payment Date”), contingent upon the employee remaining actively employed with the City on that date.

2. Employee Obligation. Employee agrees to continued employment with the City for a period not less than two years from the Initial Payment Date and the Second Payment Date, subject to the terms and conditions of this Agreement (“Commitment Period”).

The Parties agree that Employee’s agreement to continue employment with the City does not confer on Employee any right to continued employment, nor does it change the “At-Will” status of Employee’s employment with the City.

3. Obligation Satisfied Two (2) Years After the Payment Date. Employee will have no obligation to pay the City for the Incentive Payment paid pursuant to this Agreement if, on the second annual anniversary of the Incentive Payment, Employee has not voluntarily quit or has not been terminated without “Good Reason” or “For Cause”, as both terms defined in this Agreement below.

4. Repayment on Early Termination.
a. Termination of Employment by City. If Employees employment with Employer is terminated without “Good Reason” or Employer terminates Employee’s employment “For Cause” before the second anniversary of an Incentive Payment made pursuant to this Agreement, Employee shall immediately pay, without demand, an amount equal to all Incentive Payments made pursuant to this Agreement, with accrued interest at the rate of 10% per year (“Tuition Repayment Obligation”), on a prorated basis based on the remaining time of the Commitment Period. This is a full recourse obligation to Employee, meaning that Employee is personally liable for any repayment obligation under this Agreement
i. For purposes of this Agreement, cause shall include, but not be limited to:

1. Employee’s willful and continued failure to perform
substantially Employee’s duties with Employer;

2. Theft, or attempted theft, financial mismanagement, material dishonesty, willful or persistent breach of duties, engaging in conduct tending to bring embarrassment or disrepute to
Employer, unauthorized or excessive absences.

3. A formal investigation commissioned by Employer and
conducted by a third-party investigator hired by Employer in which Employer has determined that you have engaged in
unlawful discrimination or harassment of Employees or any third party while on City Premises or on City time.

4. Conviction of any felony, or for any misdemeanor involving moral turpitude, corruption or dishonesty. “Conviction” shall

include any guilty plea, plea of nolo contendre, or any other disposition other than a dismissal of charges or acquittal.

5. Employee’s willful engagement in illegal conduct or gross misconduct.
ii. For purposes of this Agreement, good reason means:

1. Employer fails to maintain fiscal strength enough to retain Employee’s employment.

2. Employer unlawfully discriminates against Employee.
b. Termination of Employment by Employee
i. In the event Employee voluntarily quits his/her employment with the City less than two (2) years after an Incentive Payment is made pursuant to this Agreement, Employee shall immediately pay, without demand, an amount equal to all Incentive Payments made pursuant to this Agreement, with accrued interest at the rate of 10% per year (“Tuition Repayment Obligation”), on a prorated basis based on the remaining time of the Commitment Period. This is a full recourse obligation to Employee, meaning that Employee is personally liable for any repayment obligation under this Agreement.

Employee’s employment remains pursuant to the terms of the Memorandum of Understanding between the City and the McFarland Police Officers Association and nothing in this agreement shall be interpreted to be in conflict with or to eliminate or modify in any way your At-Will employment status under the Memorandum of Understanding.

5. No Repayment Upon Certain Terminations. For the avoidance of doubt, Employee will not be required to repay the Incentive Payment if (i) Employee’s employment terminates after more than two years since an Incentive Payment was made pursuant to this Agreement for any reason, (ii), in the event of Employee’s death or termination due to your disability, or (iii) Employee’s employment is terminated by Employer without Cause or by Employee for Good Reason; provided that, in each case, except upon termination due to death, Employee executes and does not revoke a release of claims in a form reasonably satisfactory to Employer within 30 days after such termination.

6. No Right to Continued Employment. Nothing in this Agreement will confer upon Employee any right to continued employment with Employer or interfere in any way with the right of Employer to terminate Employee’s employment at any time and in conformance with the Current Memorandum of Understanding between Employer and the McFarland Police Officer’s Association.

7. Settlement of Claims. In the event that Employee is required to repay the Incentive Payment pursuant to Section 4, Employee agrees that Employer may offset any amounts owed by Employer to Employee against the amount that Employee are required to repay.

8. Benefits Bearing. The Incentive Payment will be taken into account as a regular annual bonus for purposes of computing the amount of compensation used to determine any retirement or other benefit under Employer benefit plan or arrangement.

9. No Assignments; Successors. This Agreement is personal to Employee and Employee may not assign or delegate any right or obligation under it. This Agreement will inure to the benefit of any successor to the City.

10. Entire Agreement. This Agreement constitutes the complete understanding between the Parties, is fully integrated, and supersedes any and all prior agreements – including any promises, representations, or inducements, no matter their form, concerning the subject matter of this Agreement. No subsequent agreements, promises, representations, or inducements will be binding unless recorded in a written document, which specifically references this Agreement and is signed by the Parties or their authorized representatives. The Parties acknowledge that this Agreement may be used as evidence in any subsequent proceeding in which either Party alleges a breach of this Agreement or seeks to enforce its terms, provisions, obligations, or as compelled by law.

11. Captions. The headings used in this Agreement are inserted for reference purposes only and shall not be deemed to limit or affect in any way the meaning or interpretation of any of the terms or provisions of this Agreement.

12. Severability. If any provision contained in this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be deemed severable and shall not be affected thereby and same shall remain in full force and effect.

13. Amendment. This Agreement may only be amended by a writing executed by all parties.

14. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action or motion to enforce the terms or conditions of this Agreement shall be brought only in the Superior Court of California for the County of Kern.

15. Waiver. Waiver by any party of any breach of this Agreement by the other party, whether such waiver be direct or implied, shall not be construed as a continuing waiver or consent to any subsequent breach of this Agreement on the part of the other party.

16. Attorneys’ Fees. If either party commences any action or proceeding relating to this Agreement or the enforcement of any provision of this Agreement against the other party, the prevailing party, in such action or proceeding, shall be entitled to recover reasonable attorneys’ fees, costs, and all other litigation costs.

17. Counterparts. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.

18. Independent Legal Advice. Employer and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or had the opportunity to do so and Employer and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.

If you agree to the terms of this Incentive Payment Agreement and wish to receive the Incentive Payment as outlined, please sign and date below.

If you do not wish to accept the terms of this Agreement or wish to decline the Incentive Payment, please indicate that by checking the box and signing below. ☐ I decline the Incentive Payment and/or do not accept the terms of this Agreement.

Dated: Signature:

Name:

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 18.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: July 23, 2025
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Erika De La Cruz, City Clerk
SUBJECT: REVIEW AND DISCUSS PLANNING COMMISSION APPLICATIONS SUMMARY:

On June 30, 2025, the term of one of the Planning Commissioners expired, resulting in a vacancy on the Commission. In response, the City Clerk posted a notice and application on the City of McFarland’s website, inviting interested residents to apply for the position. The application period was open from July 10, 2025, through July 22, 2025.

At the close of the application period, two applications were received. The City Council may now review the submitted applications and determine the appropriate next steps, which may include scheduling interviews, making an appointment, or reopening the application process.

FINANCIAL IMPACT:

No Financial Impact
RECOMMENDATION:

Staff recommend that the City Council review the list of applicants who have applied and provide direction on the next steps, which may include scheduling interviews, making an appointment, or prolonging the application deadline if necessary.

ATTACHMENTS:

1. Juan Munguia CCF_000443 (003)_Redacted

2. Mandy Bega_Redacted