McFarland City Council
March 25, 2026

MCFARLAND CITY COUNCIL
McFarland Successor Agency, McFarland Public Finance Authority, McFarland Improvement Authority, McFarland Parking Authority Regular Meeting Notice and Agenda
Council Chambers
103 W. Sherwood Ave, Mcfarland, CA
Website: https://www.mcfarlandcity.org/
Wednesday, March 25, 2026
6:00 PM
SAUL AYON, Mayor
RICARDO CANO, Vice Mayor
MARTIN GUTIERREZ, Council Member
ANITA GONZALEZ, Council Member
MARÍA T. PÉREZ , Council Member
VIEW THE MEETING RECORDINGS ONLINE at www.mcfarlandcity.org/AgendaCenterRecordings will be available approximately one week following the meeting.

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

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

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

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

CALL TO ORDER: Mayor Saul Ayon
ROLL CALL:

Mayor/Chair, Saul Ayon

Vice Mayor/Vice-Chair, Ricardo Cano
Council Member/Board Member, Martin Gutierrez
Council Member/Board Member, Anita Gonzalez
Council Member/Board Member, María T. Pérez
INVOCATION: Human Resources Director Serrena McCuan
PLEDGE OF ALLEGIANCE: Public Works Director Yerlys

APPROVE AGENDA AS TO FORM
FEATURED PET:

Is a feature that highlights a pet available for adoption from the McFarland Animal Shelter. ● Featured Pet Presented by Community Development Director Megan Snyder

PRESENTATIONS, INTRODUCTIONS AND AWARDS

1. Recognition And Commendation Of Outstanding Performance: K-9 Handler Ubaldo "Joe" Weiss And K-9 Partner "Khan", For Second Place Achievement At K-9 Trial

2. Recognition Of Officer Navarro For Successful Completion Of Field Training And Transition To Solo Patrol Officer For The City of Mcfarland

3. Proclamation: Government Finance Professionals Week March 23-27, 2026 in the City of McFarland

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

4. Approval of Expense Report in the Amount of $500,998.38 from 2/28/2026 to 3/13/2026.

5. Approval of March 11, 2026, Regular Meeting Minutes

6. Approval of March 12, 2026, City of McFarland City Council Goals and Priorities Strategic Workshop Meeting Minutes

7. Approval of March 13, 2026, Special Meeting Minutes

8. Approval of March 16, 2026, Adjourned City Council Goals and Priorities Strategic Workshop Meeting Minutes

9. Approval of Resolution No. 2026-33 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND, CALIFORNIA APPROVING THE UTILIZATION OF GRANT FUNDING TO PURCHASE FOUR (4) POLICE E-BIKES IN THE AMOUNT OF $20,304.00

THROUGH RECON POWER BIKES

PUBLIC HEARINGS

ADMINISTRATIVE AGENDA

10. Approval of Resolution No. 2026-15 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF MCFARLAND, CALIFORNIA ACCEPTING THE BID SUBMITTED BY

DOOLITTLE ROAD CONSTRUCTION FOR THE STREET REJUVENATION AND SLURRY SEAL PROJECT AT VARIOUS LOCATIONS IN THE AMOUNT OF $232,000 AND AN APPROPRIATION OF $23,200 FOR CONSTRUCTION CONTINGENCY, AND

AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE CONSTRUCTION

AGREEMENT
PUBLIC COMMENT: Members of the public wishing to address the Council about any item not on the agenda may do so at this time. Speakers are limited to two minutes for each person. Fifteen minutes total will be allowed for any one subject. Please state your name and address for the record prior to making a presentation.

COUNCIL COMMENTS

REPORTS FROM CITY COUNCIL ON COMMITTEE/SPECIAL DISTRICT MEETINGS a. Kern Council of Governments (KCOG)
b. Kern Local Agency Formation Commission (LAFCO)
c. Delano Mosquito Abatement District (DMAD)
d. San Joaquin Valley Air Pollution Control District (SJV) COUNCIL STATEMENTS AND REPORTS:

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

CLOSED SESSION

11. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov’t. Code section 54956.9(d)(1).): Name of Case: West-Star Dairy v. City of McFarland

ADJOURNMENT
This is to certify this agenda was posted at McFarland City Hall on March 20, 2026.

Erika De La Cruz, City Clerk
Diego Viramontes, City Manager
Next Meeting: Regular City Council April 8, 2026.

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

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

CITY OF MCFARLAND ANIMAL SHELTER

PET OF THE WEEK
Name: Dhalia
Breed: Pitbull Mix
Age: Approx. 3 years
Sex: Female
Description: Dhalia was found outside the McFarland Junior Highschool entrance on 3/13/26. She is friendly, loving and looking for her forever home.

Adopt Don’t Shop!
❤Thank you for supporting McFarland’s shelter pets! ❤
____________________________________________________________________________________ McFarland Animal Shelter | 12941 Melcher Rd, McFarland, CA 93250 | Phone: (661) 792-2121 | cityofmcfarland.org

Government Finance Professionals Week
March 23-27, 2026
WHEREAS, the California Society of Municipal Finance Officers (CSMFO) is the state’s leading professional organization dedicated to promoting excellence in financial management for California’s local governments; and
WHEREAS, government finance professionals serve cities, counties, special districts and joint powers authorities, by ensuring transparency, accountability, and responsible stewardship of public funds; and
WHEREAS, these professionals play a critical role in managing complex budgets, complying with state and federal laws, maintaining accurate financial reporting in compliance with government accounting standards, administering utility rate processes and enterprise funds; and supporting long-term financial sustainability; and
WHEREAS, California’s financial landscape, shaped by Proposition 13, Proposition 218, the Gann Appropriations Limit, CalPERS pension obligations, and fluctuating economic conditions, requires expert analysis and sound financial leadership; and WHEREAS, finance professionals work diligently, often behind the scenes, to provide critical information that enables informed policy decisions and ensures the delivery of essential public services; and
WHEREAS, recognizing Government Finance Professionals Week during the last week of March helps highlight the dedication, integrity, and professionalism of these essential public servants;
NOW, THEREFORE, I, Mayor Saul Ayon, on behalf of the City Council of the City of McFarland do hereby proclaim March 23-27, 2026 as Government Finance Professionals Week.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of McFarland, CA, on this 25th day March 2026.

Saul Ayon
Mayor

3/18/2026 4:53:06 PM Page 1 of 12
Expense Approval Report
City of McFarland, CA By Vendor Name
Payment Dates 2/28/2026 - 3/13/2026
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Aflac - Aflac
Aflac INV0032569 03/05/2026 AFLAC - Accident 01-22400-0000-1 20.94 Aflac INV0032569 03/05/2026 AFLAC - Accident 20-22400-0000-1 6.96 Aflac INV0032569 03/05/2026 AFLAC - Accident 30-22400-0000-1 13.96 Aflac INV0032569 03/05/2026 AFLAC - Accident 32-22400-0000-1 13.94 Aflac INV0032569 03/05/2026 AFLAC - Accident 34-22400-0000-1 22.14 Aflac INV0032570 03/05/2026 Critical Illness - AFLAC 01-22400-0000-1 15.95 Aflac INV0032570 03/05/2026 Critical Illness - AFLAC 20-22400-0000-1 5.29 Aflac INV0032570 03/05/2026 Critical Illness - AFLAC 30-22400-0000-1 14.62 Aflac INV0032570 03/05/2026 Critical Illness - AFLAC 32-22400-0000-1 14.60 Aflac INV0032570 03/05/2026 Critical Illness - AFLAC 34-22400-0000-1 19.92 Aflac INV0032572 03/05/2026 Hospital - AFLAC 01-22400-0000-1 27.00 Aflac INV0032572 03/05/2026 Hospital - AFLAC 20-22400-0000-1 9.00 Aflac INV0032572 03/05/2026 Hospital - AFLAC 30-22400-0000-1 4.03 Aflac INV0032572 03/05/2026 Hospital - AFLAC 32-22400-0000-1 4.01 Aflac INV0032589 03/05/2026 AFLAC - Accident 01-22400-0000-1 171.54 Aflac INV0032590 03/05/2026 Cancer - AFLAC 01-22400-0000-1 137.41 Aflac INV0032591 03/05/2026 Critical Illness - AFLAC 01-22400-0000-1 89.58 Aflac INV0032592 03/05/2026 Hospital - AFLAC 01-22400-0000-1 182.76 Aflac INV0032624 03/05/2026 AFLAC - Accident 01-22400-0000-1 31.62 Aflac INV0032624 03/05/2026 AFLAC - Accident 30-22400-0000-1 4.29 Aflac INV0032624 03/05/2026 AFLAC - Accident 31-22400-0000-1 4.29 Aflac INV0032624 03/05/2026 AFLAC - Accident 32-22400-0000-1 4.26 Aflac INV0032625 03/05/2026 Cancer - AFLAC 01-22400-0000-1 10.35 Aflac INV0032625 03/05/2026 Cancer - AFLAC 30-22400-0000-1 18.31 Aflac INV0032625 03/05/2026 Cancer - AFLAC 31-22400-0000-1 5.59 Aflac INV0032625 03/05/2026 Cancer - AFLAC 32-22400-0000-1 18.31 Aflac INV0032626 03/05/2026 Critical Illness - AFLAC 01-22400-0000-1 8.30 Aflac INV0032626 03/05/2026 Critical Illness - AFLAC 30-22400-0000-1 13.91 Aflac INV0032626 03/05/2026 Critical Illness - AFLAC 31-22400-0000-1 2.95 Aflac INV0032626 03/05/2026 Critical Illness - AFLAC 32-22400-0000-1 13.90 Aflac INV0032628 03/05/2026 Hospital - AFLAC 01-22400-0000-1 55.57 Aflac INV0032628 03/05/2026 Hospital - AFLAC 30-22400-0000-1 10.08 Aflac INV0032628 03/05/2026 Hospital - AFLAC 31-22400-0000-1 10.08 Aflac INV0032628 03/05/2026 Hospital - AFLAC 32-22400-0000-1 10.07 Vendor Aflac - Aflac Total: 995.53
Vendor: Amazon Capital Servi - Amazon Capital Services, Inc.

Amazon Capital Services, Inc. 1K4Y-D9M9-VQML 03/03/2026 Inv. 1K4Y-D9M9-VQML Office …01-150-57200-0000-1 115.17 Amazon Capital Services, Inc. 1K4Y-D9M9-VQML 03/03/2026 Inv. 1K4Y-D9M9-VQML Ops S… 01-150-57400-0000-1 112.09 Amazon Capital Services, Inc. 1Y3R-444L-GHHC 03/03/2026 Inv. 1Y3R-444L-GHHC Coat Ra… 01-110-55200-0000-1 91.46 Amazon Capital Services, Inc. 1R14-716R-NWT3 03/04/2026 Inv. 1R14-716R-NWT3 Dell Lap…01-310-52950-2609-1 1,087.48 Amazon Capital Services, Inc. 164N-HLQ7-G9MX 03/11/2026 INV 164N-HLQ7-G9MX Transit…34-520-57400-0000-1 83.90 Amazon Capital Services, Inc. 1D3T-39FK-J3M9 03/11/2026 INV #1D3T-39FK-J3M9 3/5/26 01-175-57200-0000-1 6.76 Vendor Amazon Capital Servi - Amazon Capital Services, Inc. Total: 1,496.86 Vendor: American Fidelity - American Fidelity
American Fidelity INV0032571 03/05/2026 Health FSA 01-22600-0000-1 47.32 American Fidelity INV0032571 03/05/2026 Health FSA 30-22600-0000-1 17.32 American Fidelity INV0032571 03/05/2026 Health FSA 31-22600-0000-1 5.77 American Fidelity INV0032571 03/05/2026 Health FSA 32-22600-0000-1 17.28 American Fidelity INV0032627 03/05/2026 Health FSA 01-22600-0000-1 9.62 American Fidelity INV0032627 03/05/2026 Health FSA 30-22600-0000-1 28.85 American Fidelity INV0032627 03/05/2026 Health FSA 31-22600-0000-1 28.85

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 2 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount American Fidelity INV0032627 03/05/2026 Health FSA 32-22600-0000-1 28.83 Vendor American Fidelity - American Fidelity Total: 183.84 Vendor: American Office Solu - American Office Solutions, LLC American Office Solutions, LLC 26468 03/04/2026 INV 26468 01/01/2026 ArcTit… 01-310-52200-0000-1 672.00 Vendor American Office Solu - American Office Solutions, LLC Total: 672.00 Vendor: GAL 100-149 - Andrew Galvan
Andrew Galvan Reimb 03/15/26-03/27/26 03/03/2026 Reimbursement - Meals & IE -… 01-150-52010-0000-1 1,075.00 Vendor GAL 100-149 - Andrew Galvan Total: 1,075.00
Vendor: Arredondo Automotive - Arredondo Automotive Group Arredondo Automotive Group 310384 03/03/2026 Inv. 310384 Unit 39 -Oil Chan… 01-150-56600-0000-1 116.45 Arredondo Automotive Group 310400 03/03/2026 Inv. 310400 Unit 58 - Oil Chan… 01-150-56600-0000-1 141.40 Arredondo Automotive Group 309242 03/11/2026 Inv. 309242 Unit 40 -Oil Chan… 01-150-56600-0000-1 116.45 Arredondo Automotive Group 310541 03/11/2026 Inv. 310541 Unit 24 - Oil Chan… 01-150-56600-0000-1 116.45 Arredondo Automotive Group 310544 03/11/2026 Inv. 310544 Unit 54 -Oil Chan… 01-150-56600-0000-1 206.18 Vendor Arredondo Automotive - Arredondo Automotive Group Total: 696.93 Vendor: Auto Zone - Auto Zone
Auto Zone 06270265277 03/03/2026 INV 06270265277 Transit Van …34-520-56600-0000-1 83.99 Auto Zone 06270266488 03/03/2026 INV 06270266488 Transit Van …34-520-56600-0000-1 24.43 Auto Zone 06270280736 03/11/2026 Inv. 06270280736 Steering W… 01-150-56600-0000-1 20.99 Vendor Auto Zone - Auto Zone Total: 129.41
Vendor: axys communications - Axys Communications DBA Anderson Communications Axys Communications DBA An…21730B 03/11/2026 Inv. 21730B Repeater Rental F…01-150-52200-0000-1 589.00 Vendor axys communications - Axys Communications DBA Anderson Communications Total: 589.00 Vendor: BP&W - Bakersfield Paint & Wallpaper Inc
Bakersfield Paint & Wallpaper …MBMCZ 03/03/2026 INV MBMCZ Striper Filter 2/12…20-200-56700-0000-1 22.35 Bakersfield Paint & Wallpaper …KPFUV 03/04/2026 INV KPFUV Striper Hose Kit 2/… 20-200-56700-0000-1 317.43 Bakersfield Paint & Wallpaper …Z5NVH 03/04/2026 INV Z5NVH Yellow Traffic Mar… 01-180-56500-0000-1 794.14 Vendor BP&W - Bakersfield Paint & Wallpaper Inc Total: 1,133.92 Vendor: Bowman Asphalt, Inc - Bowman Asphalt, Inc.

Bowman Asphalt, Inc. W. Kern Ave Rehab 3rd-5th-S… 03/04/2026 W. Kern Ave Rehab 3rd-5th- … 25-000-52960-2401-1 14,000.33 Bowman Asphalt, Inc. W. Kern Rehab 3rd-5th-Project…03/04/2026 W. Kern Rehab 3rd-5th-5% Re… 25-000-52960-2401-1 102.50 Vendor Bowman Asphalt, Inc - Bowman Asphalt, Inc. Total: 14,102.83 Vendor: BraxBro, Inc. - BraxBro, Inc.

BraxBro, Inc. 1734 03/04/2026 INV 1734 SCADA & PLC ENGIN…32-510-56000-0000-1 555.00 BraxBro, Inc. 1755 03/04/2026 INV 1755 Browning Well RO S… 32-510-56000-0000-1 1,000.00 Vendor BraxBro, Inc. - BraxBro, Inc. Total: 1,555.00
Vendor: BSK ASSOCIATES - BSK ASSOCIATES
BSK ASSOCIATES BJ00745 03/11/2026 INV BJ00745 Arsenic, CA DW I… 32-510-58200-0000-1 100.00 BSK ASSOCIATES BJ00781 03/11/2026 INV BJ00781 WWTP BOD & TS…30-500-58200-0000-1 150.00 BSK ASSOCIATES BJ00813 03/11/2026 INV BJ00813 General EDT Drin…32-510-58200-0000-1 890.00 BSK ASSOCIATES BJ00814 03/11/2026 INV BJ00814 Water Dept. Nitr… 32-510-58200-0000-1 103.75 Vendor BSK ASSOCIATES - BSK ASSOCIATES Total: 1,243.75
Vendor: California Police - California Police Chiefs Association California Police Chiefs Associ… 15022 03/11/2026 Inv.15022 Police Exec & Discipl…01-150-52010-0000-1 250.00 Vendor California Police - California Police Chiefs Association Total: 250.00 Vendor: Central Body & Paint - Central Body & Paint
Central Body & Paint 012103 03/04/2026 Inv. 012103 Unit 24 - Front B… 01-150-56600-0000-1 1,212.01 Vendor Central Body & Paint - Central Body & Paint Total: 1,212.01 Vendor: Clark Pest Control - Clark Pest Control of Stockton INC Clark Pest Control of Stockton …38885464 03/11/2026 INV #38885464 Monthly Servi… 01-155-52200-0000-1 150.00 Vendor Clark Pest Control - Clark Pest Control of Stockton INC Total: 150.00 Vendor: Data Ticket, Inc - Data Ticket, Inc
Data Ticket, Inc 189776 03/03/2026 INV #189776 Animal Jan Bill 2… 01-155-52200-0000-1 100.00 Data Ticket, Inc 189777 03/03/2026 INV #189777 Code Jan Bill 2/2… 01-165-53200-0000-1 100.00 Vendor Data Ticket, Inc - Data Ticket, Inc Total: 200.00

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 3 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: De Lage Landen - De Lage Landen Financial Services Inc De Lage Landen Financial Serv… 596145105 03/11/2026 Inv. 596145105 03/08/026 50… 01-150-52200-0000-1 113.66 De Lage Landen Financial Serv… 596145148 03/11/2026 Inv. 596145148 03/08/2026 5… 01-150-52200-0000-1 139.64 De Lage Landen Financial Serv… 596188616 03/11/2026 Inv. 596188616 03/08/2026 5… 01-140-52200-0000-1 64.41 De Lage Landen Financial Serv… 596188616 03/11/2026 Inv. 596188616 03/08/2026 5… 01-180-56000-0000-1 64.41 Vendor De Lage Landen - De Lage Landen Financial Services Inc Total: 382.12 Vendor: Dee Jaspar - Dee Jaspar & Associates, Inc
Dee Jaspar & Associates, Inc 26-00134 03/04/2026 INV 26-00134 General Fund P… 32-510-56000-0000-1 1,106.00 Dee Jaspar & Associates, Inc 26-00135 03/04/2026 INV 26-00135 Perkins Ave Well…32-510-56000-0000-1 2,498.09 Dee Jaspar & Associates, Inc 26-00136 03/04/2026 INV 26-00136 Elmo Well Proje…32-510-52910-2532-1 5,531.96 Dee Jaspar & Associates, Inc 26-00137 03/04/2026 INV 26-00137 Tract 7394 Insp… 01-140-56000-0000-1 3,328.30 Vendor Dee Jaspar - Dee Jaspar & Associates, Inc Total: 12,464.35 Vendor: Delano Veterinary - Delano Veterinary
Delano Veterinary 30840 03/11/2026 INV #30840 Brownie 1/31/26 01-155-51150-0000-1 16.78 Vendor Delano Veterinary - Delano Veterinary Total: 16.78 Vendor: Dewberry Architects - Dewberry Architects Inc.

Dewberry Architects Inc. 82404147 03/11/2026 INV 82404147 PD Project Desi… 25-000-52910-2504-1 16,105.81 Vendor Dewberry Architects - Dewberry Architects Inc. Total: 16,105.81 Vendor: DMV - DMV
DMV VIN 1FM5K8AB2SGA71270 20… 03/03/2026 #63 1FM5K8AB2SGA71270 Sa… 01-150-56000-0000-1 4,106.00 Vendor DMV - DMV Total: 4,106.00
Vendor: DOM Solar - DOM Solar Lessor LTD.

DOM Solar Lessor LTD. 40482414 03/11/2026 INV 40482414 Feb 2026 Mont… 32-510-58000-0000-1 4,861.43 Vendor DOM Solar - DOM Solar Lessor LTD. Total: 4,861.43 Vendor: EDD - EDD
EDD INV0032582 03/05/2026 State Income Tax Withholding 01-22200-0000-1 852.75 EDD INV0032582 03/05/2026 State Income Tax Withholding 20-22200-0000-1 55.51 EDD INV0032582 03/05/2026 State Income Tax Withholding 30-22200-0000-1 225.59 EDD INV0032582 03/05/2026 State Income Tax Withholding 31-22200-0000-1 30.52 EDD INV0032582 03/05/2026 State Income Tax Withholding 32-22200-0000-1 225.92 EDD INV0032582 03/05/2026 State Income Tax Withholding 34-22200-0000-1 130.11 EDD INV0032583 03/05/2026 SDI - State Disability Insurance 01-22200-0000-1 471.18 EDD INV0032583 03/05/2026 SDI - State Disability Insurance 20-22200-0000-1 37.74 EDD INV0032583 03/05/2026 SDI - State Disability Insurance 30-22200-0000-1 199.33 EDD INV0032583 03/05/2026 SDI - State Disability Insurance 31-22200-0000-1 35.63 EDD INV0032583 03/05/2026 SDI - State Disability Insurance 32-22200-0000-1 199.84 EDD INV0032583 03/05/2026 SDI - State Disability Insurance 34-22200-0000-1 55.75 EDD INV0032584 03/05/2026 State Unemployment Insuran… 01-22250-0000-1 69.42 EDD INV0032584 03/05/2026 State Unemployment Insuran… 30-22250-0000-1 23.45 EDD INV0032584 03/05/2026 State Unemployment Insuran… 31-22250-0000-1 13.19 EDD INV0032584 03/05/2026 State Unemployment Insuran… 32-22250-0000-1 23.58 EDD INV0032585 03/05/2026 Employment Training Tax 01-22275-0000-1 1.93 EDD INV0032585 03/05/2026 Employment Training Tax 30-22275-0000-1 0.65 EDD INV0032585 03/05/2026 Employment Training Tax 31-22275-0000-1 0.36 EDD INV0032585 03/05/2026 Employment Training Tax 32-22275-0000-1 0.65 EDD INV0032617 03/05/2026 State Income Tax Withholding 01-22200-0000-1 5,364.44 EDD INV0032618 03/05/2026 SDI - State Disability Insurance 01-22200-0000-1 1,326.32 EDD INV0032619 03/05/2026 State Unemployment Insuran… 01-22250-0000-1 14.61 EDD INV0032620 03/05/2026 Employment Training Tax 01-22275-0000-1 0.41 EDD INV0032634 03/05/2026 State Income Tax Withholding 01-22200-0000-1 512.24 EDD INV0032634 03/05/2026 State Income Tax Withholding 20-22200-0000-1 9.57 EDD INV0032634 03/05/2026 State Income Tax Withholding 30-22200-0000-1 253.54 EDD INV0032634 03/05/2026 State Income Tax Withholding 31-22200-0000-1 206.42 EDD INV0032634 03/05/2026 State Income Tax Withholding 32-22200-0000-1 253.49 EDD INV0032634 03/05/2026 State Income Tax Withholding 34-22200-0000-1 9.58 EDD INV0032635 03/05/2026 SDI - State Disability Insurance 01-22200-0000-1 257.77 EDD INV0032635 03/05/2026 SDI - State Disability Insurance 20-22200-0000-1 3.55 EDD INV0032635 03/05/2026 SDI - State Disability Insurance 30-22200-0000-1 79.80

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 4 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount EDD INV0032635 03/05/2026 SDI - State Disability Insurance 31-22200-0000-1 50.82 EDD INV0032635 03/05/2026 SDI - State Disability Insurance 32-22200-0000-1 79.81 EDD INV0032635 03/05/2026 SDI - State Disability Insurance 34-22200-0000-1 3.54 EDD INV0032636 03/05/2026 State Unemployment Insuran… 01-22250-0000-1 155.18 EDD INV0032637 03/05/2026 Employment Training Tax 01-22275-0000-1 4.30 EDD INV0032643 03/05/2026 State Income Tax Withholding 30-22200-0000-1 14.30 EDD INV0032643 03/05/2026 State Income Tax Withholding 31-22200-0000-1 14.30 EDD INV0032643 03/05/2026 State Income Tax Withholding 32-22200-0000-1 14.73 EDD INV0032644 03/05/2026 SDI - State Disability Insurance 01-22200-0000-1 26.62 EDD INV0032644 03/05/2026 SDI - State Disability Insurance 30-22200-0000-1 7.79 EDD INV0032644 03/05/2026 SDI - State Disability Insurance 31-22200-0000-1 7.79 EDD INV0032644 03/05/2026 SDI - State Disability Insurance 32-22200-0000-1 8.02 Vendor EDD - EDD Total: 11,332.04
Vendor: Edison - Edison
Edison February 2026 Montly Billing … 03/11/2026 700457158822-Discovery Park…01-180-58100-0000-1 745.18 Edison February 2026 Montly Billing … 03/11/2026 700539630040-401 W. Kern A…01-180-58100-0000-1 1,746.50 Edison February 2026 Montly Billing … 03/11/2026 700671762228-201 Industrial …01-180-58100-0000-1 118.97 Edison February 2026 Montly Billing … 03/11/2026 700599695773-St. Light-Kern+…01-180-58100-0000-1 152.31 Edison February 2026 Montly Billing … 03/11/2026 700326486684-Sherwood Ave…01-180-58100-0000-1 82.61 Edison February 2026 Montly Billing … 03/11/2026 700669486061-100 Industrial …01-180-58100-0000-1 1,536.20 Edison February 2026 Montly Billing … 03/11/2026 700843811532 Sherwood Sve… 01-180-58100-0000-1 27.35 Edison February 2026 Montly Billing … 03/11/2026 700091551977 City Hall-401 … 01-180-58100-0000-1 14.92 Edison February 2026 Montly Billing … 03/11/2026 700494850594 Perkins/SN Ju… 30-500-58000-0000-1 104.19 Edison February 2026 Montly Billing … 03/11/2026 700468456995-Browning Rd.… 32-510-58000-0000-1 12,470.56 Vendor Edison - Edison Total: 16,998.79
Vendor: EFTPS - Electronic Federal Tax Payment System
Electronic Federal Tax Paymen…INV0032580 03/05/2026 Federal Income Tax Withholdi… 01-22050-0000-1 2,159.90 Electronic Federal Tax Paymen…INV0032580 03/05/2026 Federal Income Tax Withholdi… 20-22050-0000-1 185.63 Electronic Federal Tax Paymen…INV0032580 03/05/2026 Federal Income Tax Withholdi… 30-22050-0000-1 572.73 Electronic Federal Tax Paymen…INV0032580 03/05/2026 Federal Income Tax Withholdi… 31-22050-0000-1 52.92 Electronic Federal Tax Paymen…INV0032580 03/05/2026 Federal Income Tax Withholdi… 32-22050-0000-1 573.70 Electronic Federal Tax Paymen…INV0032580 03/05/2026 Federal Income Tax Withholdi… 34-22050-0000-1 270.02 Electronic Federal Tax Paymen…INV0032581 03/05/2026 Social Security 01-22100-0000-1 4,494.24 Electronic Federal Tax Paymen…INV0032581 03/05/2026 Social Security 20-22100-0000-1 360.08 Electronic Federal Tax Paymen…INV0032581 03/05/2026 Social Security 30-22100-0000-1 1,901.18 Electronic Federal Tax Paymen…INV0032581 03/05/2026 Social Security 31-22100-0000-1 340.10 Electronic Federal Tax Paymen…INV0032581 03/05/2026 Social Security 32-22100-0000-1 1,905.90 Electronic Federal Tax Paymen…INV0032581 03/05/2026 Social Security 34-22100-0000-1 531.78 Electronic Federal Tax Paymen…INV0032586 03/05/2026 Medicare 01-22150-0000-1 1,051.06 Electronic Federal Tax Paymen…INV0032586 03/05/2026 Medicare 20-22150-0000-1 84.22 Electronic Federal Tax Paymen…INV0032586 03/05/2026 Medicare 30-22150-0000-1 444.72 Electronic Federal Tax Paymen…INV0032586 03/05/2026 Medicare 31-22150-0000-1 79.54 Electronic Federal Tax Paymen…INV0032586 03/05/2026 Medicare 32-22150-0000-1 445.58 Electronic Federal Tax Paymen…INV0032586 03/05/2026 Medicare 34-22150-0000-1 124.36 Electronic Federal Tax Paymen…INV0032615 03/05/2026 Federal Income Tax Withholdi… 01-22050-0000-1 11,032.79 Electronic Federal Tax Paymen…INV0032616 03/05/2026 Social Security 01-22100-0000-1 12,774.88 Electronic Federal Tax Paymen…INV0032621 03/05/2026 Medicare 01-22150-0000-1 2,987.68 Electronic Federal Tax Paymen…INV0032632 03/05/2026 Federal Income Tax Withholdi… 01-22050-0000-1 1,121.45 Electronic Federal Tax Paymen…INV0032632 03/05/2026 Federal Income Tax Withholdi… 20-22050-0000-1 20.09 Electronic Federal Tax Paymen…INV0032632 03/05/2026 Federal Income Tax Withholdi… 30-22050-0000-1 550.43 Electronic Federal Tax Paymen…INV0032632 03/05/2026 Federal Income Tax Withholdi… 31-22050-0000-1 415.15 Electronic Federal Tax Paymen…INV0032632 03/05/2026 Federal Income Tax Withholdi… 32-22050-0000-1 550.44 Electronic Federal Tax Paymen…INV0032632 03/05/2026 Federal Income Tax Withholdi… 34-22050-0000-1 20.07 Electronic Federal Tax Paymen…INV0032633 03/05/2026 Social Security 01-22100-0000-1 2,458.76 Electronic Federal Tax Paymen…INV0032633 03/05/2026 Social Security 20-22100-0000-1 33.84 Electronic Federal Tax Paymen…INV0032633 03/05/2026 Social Security 30-22100-0000-1 761.28 Electronic Federal Tax Paymen…INV0032633 03/05/2026 Social Security 31-22100-0000-1 484.72 Electronic Federal Tax Paymen…INV0032633 03/05/2026 Social Security 32-22100-0000-1 761.18 Electronic Federal Tax Paymen…INV0032633 03/05/2026 Social Security 34-22100-0000-1 33.82 Electronic Federal Tax Paymen…INV0032638 03/05/2026 Medicare 01-22150-0000-1 575.10

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 5 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Electronic Federal Tax Paymen…INV0032638 03/05/2026 Medicare 20-22150-0000-1 7.92 Electronic Federal Tax Paymen…INV0032638 03/05/2026 Medicare 30-22150-0000-1 178.06 Electronic Federal Tax Paymen…INV0032638 03/05/2026 Medicare 31-22150-0000-1 113.36 Electronic Federal Tax Paymen…INV0032638 03/05/2026 Medicare 32-22150-0000-1 177.94 Electronic Federal Tax Paymen…INV0032638 03/05/2026 Medicare 34-22150-0000-1 7.92 Electronic Federal Tax Paymen…INV0032641 03/05/2026 Federal Income Tax Withholdi… 01-22050-0000-1 7.89 Electronic Federal Tax Paymen…INV0032641 03/05/2026 Federal Income Tax Withholdi… 30-22050-0000-1 44.21 Electronic Federal Tax Paymen…INV0032641 03/05/2026 Federal Income Tax Withholdi… 31-22050-0000-1 44.21 Electronic Federal Tax Paymen…INV0032641 03/05/2026 Federal Income Tax Withholdi… 32-22050-0000-1 45.56 Electronic Federal Tax Paymen…INV0032642 03/05/2026 Social Security 01-22100-0000-1 253.86 Electronic Federal Tax Paymen…INV0032642 03/05/2026 Social Security 30-22100-0000-1 74.28 Electronic Federal Tax Paymen…INV0032642 03/05/2026 Social Security 31-22100-0000-1 74.28 Electronic Federal Tax Paymen…INV0032642 03/05/2026 Social Security 32-22100-0000-1 76.52 Electronic Federal Tax Paymen…INV0032645 03/05/2026 Medicare 01-22150-0000-1 59.36 Electronic Federal Tax Paymen…INV0032645 03/05/2026 Medicare 30-22150-0000-1 17.38 Electronic Federal Tax Paymen…INV0032645 03/05/2026 Medicare 31-22150-0000-1 17.38 Electronic Federal Tax Paymen…INV0032645 03/05/2026 Medicare 32-22150-0000-1 17.88 Vendor EFTPS - Electronic Federal Tax Payment System Total: 51,377.35 Vendor: Excel Screen Printin - Excel Screen Printing USA, Inc.

Excel Screen Printing USA, Inc. CA26-007 03/11/2026 INV CA26-007 McFarland USA …01-24600-8207-1 6,121.90 Excel Screen Printing USA, Inc. CA26-008 03/11/2026 INV CA26-008 McFarland USA …01-24600-8207-1 2,179.36 Vendor Excel Screen Printin - Excel Screen Printing USA, Inc. Total: 8,301.26 Vendor: flextg llc - Flex Technology Group LLC
Flex Technology Group LLC 4596032-CAL 03/11/2026 Inv. 4596032-CAL CN37906-0… 01-140-52200-0000-1 8.81 Flex Technology Group LLC 4596032-CAL 03/11/2026 Inv. 4596032-CAL CN37906-0… 01-180-52200-0000-1 8.81 Vendor flextg llc - Flex Technology Group LLC Total: 17.62 Vendor: flockgroup - Flock Group Inc
Flock Group Inc 82782 03/03/2026 INV-82782 - Twenty Flock Ca… 01-150-52950-2319-1 50,000.00 Flock Group Inc 82782 03/03/2026 INV-82782 - Professional Servi…01-150-56000-0000-1 2,072.60 Vendor flockgroup - Flock Group Inc Total: 52,072.60
Vendor: Fortiline, Inc - Fortiline Inc
Fortiline Inc 7239533 03/11/2026 INV 7239533 Technoflo Repla… 32-510-56410-0000-1 2,424.80 Vendor Fortiline, Inc - Fortiline Inc Total: 2,424.80
Vendor: Gregs Petroleum - Gregs Petroleum
Gregs Petroleum 611922 03/03/2026 Fuel INV 611922 02/27/2026 01-150-54000-0000-1 1,274.98 Gregs Petroleum 613352 03/04/2026 Fuel INV 613352 03/03/2026 01-150-54000-0000-1 1,376.38 Gregs Petroleum 614463 03/11/2026 Fuel INV 614463 03/06/2026 01-150-54000-0000-1 1,674.88 Gregs Petroleum 615049 03/12/2026 Fuel INV 615049 03/10/26 01-150-54000-0000-1 1,593.62 Vendor Gregs Petroleum - Gregs Petroleum Total: 5,919.86 Vendor: Hodges - Hodges Law Group
Hodges Law Group 00669 03/04/2026 Community Development Lega…01-130-56100-0000-1 5,242.00 Hodges Law Group 00669 03/04/2026 Human Resources Legal Service 01-130-56100-0000-1 268.00 Hodges Law Group 00669 03/04/2026 City Council Legal Service 01-130-56100-0000-1 1,014.00 Hodges Law Group 00669 03/04/2026 Finance Department 01-130-56100-0000-1 335.00 Hodges Law Group 00669 03/04/2026 Admin Legal Service 01-130-56100-0000-1 760.50 Hodges Law Group 00669 03/04/2026 Contractual Base 01-130-56100-0000-1 2,749.50 Vendor Hodges - Hodges Law Group Total: 10,369.00
Vendor: Home Depot - Home Depot
Home Depot 7090093 02/24/2026 Inv 7090093 Credit to 7902594 01-155-52910-2608-1 -118.79 Home Depot 94320 02/24/2026 Inv 94320 Credit to Inb 30935… 01-155-52910-2608-1 -132.69 Home Depot 3070897 03/11/2026 INV 3070897 Water Dept, Sup…32-510-57400-0000-1 65.22 Home Depot 3901234 03/11/2026 INV 3901234 Water Dept. Sup…32-510-57400-0000-1 39.12 Home Depot 8901475 03/11/2026 INV 8901475 Animal Shelter P… 01-155-52910-2608-1 667.97 Home Depot 8901494 03/11/2026 INV 8901494 Animal Shelter P… 01-155-52910-2608-1 994.30 Home Depot 901328 03/11/2026 INV 901328 Animal Shelter Pro…01-155-52910-2608-1 56.48 Home Depot 9901438 03/11/2026 INV 9901438 Facilties Mainte… 01-190-56400-0000-1 1,379.05 Vendor Home Depot - Home Depot Total: 2,950.66

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 6 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Housing Authority of - Housing Authority of the County of Kern Housing Authority of the Coun…Housing Authority Gate Fee Re…03/04/2026 Gate Fees for 2024-2025 31-505-42130-0000-1 4,453.16 Vendor Housing Authority of - Housing Authority of the County of Kern Total: 4,453.16 Vendor: INFOSEND, INC - INFOSEND, INC
INFOSEND, INC 305267 03/04/2026 INV 305267 Monthly Billing P… 30-500-52200-0000-1 270.73 INFOSEND, INC 305267 03/04/2026 INV 305267 Monthly Billing Pr… 30-500-55600-0000-1 750.50 INFOSEND, INC 305267 03/04/2026 INV 305267 Monthly Billing P… 31-505-52200-0000-1 270.73 INFOSEND, INC 305267 03/04/2026 INV 305267 Monthly Billing Pr… 31-505-55600-0000-1 750.50 INFOSEND, INC 305267 03/04/2026 INV 305267 Monthly Billing P… 32-510-52200-0000-1 271.54 INFOSEND, INC 305267 03/04/2026 INV 305267 Monthly Billing Pr… 32-510-55600-0000-1 752.74 Vendor INFOSEND, INC - INFOSEND, INC Total: 3,066.74
Vendor: Interwest Consulting - Interwest Consulting Group, Inc Interwest Consulting Group, I… 3503064 03/03/2026 INV #3503064 Plan review for… 01-160-41550-0000-1 140.00 Vendor Interwest Consulting - Interwest Consulting Group, Inc Total: 140.00 Vendor: Jim Burke - Jim Burke
Jim Burke 287395 03/04/2026 Inv. 287395 Unit 45 Gas Engin… 01-150-56600-0000-1 1,666.86 Jim Burke 289352 03/04/2026 Inv. 289352 Unit 56 Fuel Tank …01-150-56600-0000-1 2,403.91 Jim Burke 287022 03/11/2026 Inv.287022 Unit 42 Air Con, Dr…01-150-56600-0000-1 735.00 Jim Burke 289125 03/11/2026 Inv. 289125 Unit 46 Check Eng…01-150-56600-0000-1 686.62 Vendor Jim Burke - Jim Burke Total: 5,492.39
Vendor: John Hancock - John Hancock
John Hancock INV0032566 03/05/2026 401K - Employer 01-20800-0000-1 2,054.12 John Hancock INV0032566 03/05/2026 401K - Employer 20-20800-0000-1 95.62 John Hancock INV0032566 03/05/2026 401K - Employer 30-20800-0000-1 1,330.18 John Hancock INV0032566 03/05/2026 401K - Employer 31-20800-0000-1 249.15 John Hancock INV0032566 03/05/2026 401K - Employer 32-20800-0000-1 1,333.91 John Hancock INV0032566 03/05/2026 401K - Employer 34-20800-0000-1 396.00 John Hancock INV0032567 03/05/2026 401K - Employee 01-20800-0000-1 559.88 John Hancock INV0032567 03/05/2026 401K - Employee 20-20800-0000-1 65.39 John Hancock INV0032567 03/05/2026 401K - Employee 30-20800-0000-1 389.70 John Hancock INV0032567 03/05/2026 401K - Employee 31-20800-0000-1 26.41 John Hancock INV0032567 03/05/2026 401K - Employee 32-20800-0000-1 389.55 John Hancock INV0032568 03/05/2026 401K - Employer 01-20800-0000-1 154.03 John Hancock INV0032568 03/05/2026 401K - Employer 20-20800-0000-1 51.33 John Hancock INV0032573 03/05/2026 401K Loan 1 01-20800-0000-1 26.82 John Hancock INV0032573 03/05/2026 401K Loan 1 30-20800-0000-1 26.82 John Hancock INV0032573 03/05/2026 401K Loan 1 31-20800-0000-1 8.94 John Hancock INV0032573 03/05/2026 401K Loan 1 32-20800-0000-1 26.83 John Hancock INV0032574 03/05/2026 401K Loan 2 01-20800-0000-1 36.05 John Hancock INV0032574 03/05/2026 401K Loan 2 20-20800-0000-1 12.01 John Hancock INV0032575 03/05/2026 401K Loan 4 01-20800-0000-1 112.51 John Hancock INV0032575 03/05/2026 401K Loan 4 20-20800-0000-1 37.49 John Hancock INV0032576 03/05/2026 401k Contribution 01-20800-0000-1 229.03 John Hancock INV0032576 03/05/2026 401k Contribution 20-20800-0000-1 76.33 John Hancock INV0032577 03/05/2026 401k Contribution 01-20800-0000-1 1,165.25 John Hancock INV0032578 03/05/2026 401k Contribution 01-20800-0000-1 197.16 John Hancock INV0032578 03/05/2026 401k Contribution 20-20800-0000-1 65.72 John Hancock INV0032579 03/05/2026 401k Contribution 01-20800-0000-1 262.88 John Hancock INV0032587 03/05/2026 401K - Employer 01-20800-0000-1 5,081.44 John Hancock INV0032588 03/05/2026 401K - Employee 01-20800-0000-1 2,702.49 John Hancock INV0032594 03/05/2026 401K - Employee 01-20800-0000-1 681.37 John Hancock INV0032595 03/05/2026 401K Loan 1 01-20800-0000-1 89.29 John Hancock INV0032596 03/05/2026 401K Loan 1 01-20800-0000-1 112.59 John Hancock INV0032597 03/05/2026 401K Loan 1 01-20800-0000-1 159.86 John Hancock INV0032598 03/05/2026 401K Loan 1 01-20800-0000-1 107.12 John Hancock INV0032599 03/05/2026 401K Loan 2 01-20800-0000-1 142.48 John Hancock INV0032600 03/05/2026 401K Loan 2 01-20800-0000-1 107.06 John Hancock INV0032601 03/05/2026 401k Contribution 01-20800-0000-1 386.34 John Hancock INV0032602 03/05/2026 401k Contribution 01-20800-0000-1 440.01

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 7 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount John Hancock INV0032603 03/05/2026 401k Contribution 01-20800-0000-1 184.70 John Hancock INV0032604 03/05/2026 401k Contribution 01-20800-0000-1 12.00 John Hancock INV0032605 03/05/2026 401k Contribution 01-20800-0000-1 353.30 John Hancock INV0032606 03/05/2026 401k Contribution 01-20800-0000-1 294.08 John Hancock INV0032607 03/05/2026 401k Contribution 01-20800-0000-1 769.23 John Hancock INV0032608 03/05/2026 401k Contribution 01-20800-0000-1 214.48 John Hancock INV0032609 03/05/2026 401k Contribution 01-20800-0000-1 300.32 John Hancock INV0032610 03/05/2026 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0032611 03/05/2026 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0032612 03/05/2026 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0032613 03/05/2026 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0032614 03/05/2026 401K Contribition 01-20800-0000-1 400.00 John Hancock INV0032622 03/05/2026 401K - Employer 01-20800-0000-1 1,736.92 John Hancock INV0032622 03/05/2026 401K - Employer 20-20800-0000-1 27.30 John Hancock INV0032622 03/05/2026 401K - Employer 30-20800-0000-1 469.99 John Hancock INV0032622 03/05/2026 401K - Employer 31-20800-0000-1 388.10 John Hancock INV0032622 03/05/2026 401K - Employer 32-20800-0000-1 470.03 John Hancock INV0032622 03/05/2026 401K - Employer 34-20800-0000-1 27.28 John Hancock INV0032623 03/05/2026 401K - Employee 01-20800-0000-1 118.14 John Hancock INV0032623 03/05/2026 401K - Employee 20-20800-0000-1 5.46 John Hancock INV0032623 03/05/2026 401K - Employee 30-20800-0000-1 32.76 John Hancock INV0032623 03/05/2026 401K - Employee 31-20800-0000-1 16.38 John Hancock INV0032623 03/05/2026 401K - Employee 32-20800-0000-1 32.76 John Hancock INV0032623 03/05/2026 401K - Employee 34-20800-0000-1 5.44 John Hancock INV0032629 03/05/2026 401K Loan 2 01-20800-0000-1 2.98 John Hancock INV0032629 03/05/2026 401K Loan 2 30-20800-0000-1 4.47 John Hancock INV0032629 03/05/2026 401K Loan 2 32-20800-0000-1 4.46 John Hancock INV0032630 03/05/2026 401K Loan 3 01-20800-0000-1 26.71 John Hancock INV0032630 03/05/2026 401K Loan 3 30-20800-0000-1 40.07 John Hancock INV0032630 03/05/2026 401K Loan 3 32-20800-0000-1 40.05 John Hancock INV0032631 03/05/2026 401k Contribution 01-20800-0000-1 131.59 John Hancock INV0032631 03/05/2026 401k Contribution 30-20800-0000-1 197.40 John Hancock INV0032631 03/05/2026 401k Contribution 32-20800-0000-1 197.36 John Hancock INV0032639 03/05/2026 401K - Employer 01-20800-0000-1 61.40 John Hancock INV0032640 03/05/2026 401K - Employee 01-20800-0000-1 41.26 Vendor John Hancock - John Hancock Total: 27,595.58
Vendor: Johnson Drilling Co. - Johnson Drilling Co.

Johnson Drilling Co. 10714 03/02/2026 INV 10714 Casing Hammer Pe… 32-510-52910-2313-1 130,000.00 Vendor Johnson Drilling Co. - Johnson Drilling Co. Total: 130,000.00 Vendor: tris technology - Joshua Brad Lowrey
Joshua Brad Lowrey 9634 03/03/2026 Inv 9634 03/01/2026 Ultra Plan 01-130-52200-0000-1 14,500.00 Vendor tris technology - Joshua Brad Lowrey Total: 14,500.00 Vendor: Kenneth - Kenneth Williams
Kenneth Williams 26-0003 03/04/2026 INV. 26-0003 KW Investigation…01-130-56000-0000-1 6,711.65 Vendor Kenneth - Kenneth Williams Total: 6,711.65
Vendor: KernEDC - Kern Economic Development Corporation Kern Economic Development … 10122 03/04/2026 INV #10122 Public Annual m… 01-140-52200-0000-1 5,000.00 Vendor KernEDC - Kern Economic Development Corporation Total: 5,000.00 Vendor: KOEFRAN - Koefran Industries, Inc.

Koefran Industries, Inc. 0000705264 03/11/2026 INV #0000705264 Monthly se… 01-155-51100-0000-1 220.50 Vendor KOEFRAN - Koefran Industries, Inc. Total: 220.50 Vendor: KRC SAFETY CO INC - KRC SAFETY CO INC
KRC SAFETY CO INC 72733 03/11/2026 INV 72733 Streets Mast Ave N…01-180-56500-0000-1 1,965.21 KRC SAFETY CO INC 72749 03/11/2026 INV 72749 New Streets Signs … 01-180-56500-0000-1 2,971.47 Vendor KRC SAFETY CO INC - KRC SAFETY CO INC Total: 4,936.68 Vendor: Culligan water condi - Laramy Water Inc
Laramy Water Inc February 2026 Acc#222281 03/04/2026 February 2026 WWTP Water … 30-500-52200-0000-1 79.50 Vendor Culligan water condi - Laramy Water Inc Total: 79.50

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 8 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: Mcfarland POA - McFarland Police Officers Association McFarland Police Officers Ass… INV0032593 03/05/2026 Association Dues 01-20200-0000-1 960.00 Vendor Mcfarland POA - McFarland Police Officers Association Total: 960.00 Vendor: McFarland Tire - McFarland Tire
McFarland Tire 39591 03/03/2026 INV 39591 City Trailer Tire 2/9…01-180-56410-0000-1 85.00 McFarland Tire 39718 03/04/2026 INV 39718 Streets Dept, Truck…01-180-56600-0000-1 1,080.00 Vendor McFarland Tire - McFarland Tire Total: 1,165.00
Vendor: Eagleson Dispute Res - Michael Eagleson
Michael Eagleson 24-0242 03/04/2026 Inv. 24-0242 Arbitration Servi… 01-150-56100-0000-1 1,900.00 Vendor Eagleson Dispute Res - Michael Eagleson Total: 1,900.00 Vendor: Our Home Town, Inc - Our Home Town, Inc.

Our Home Town, Inc. March 2026 2026-02-28-7422 03/02/2026 March 2026 Invoice No: INV-2… 01-130-56000-0000-1 338.53 Vendor Our Home Town, Inc - Our Home Town, Inc. Total: 338.53 Vendor: PG&E COMPANY - PG&E COMPANY
PG&E COMPANY 0008472554-8 03/12/2026 INV 0008472554-8 12/30/25 … 25-000-52960-7330-1 2,838.03 PG&E COMPANY 0008475509-9 03/12/2026 INV 0008475509-9 01/07/26 … 25-000-52960-7330-1 282.00 Vendor PG&E COMPANY - PG&E COMPANY Total: 3,120.03
Vendor: Phoenix Group - Phoenix Group
Phoenix Group 112025202 2025 03/03/2026 Citation Processing Services - #…01-165-56000-0000-1 145.20 Vendor Phoenix Group - Phoenix Group Total: 145.20
Vendor: RAMIRO SANTIVANES - RAMIRO SANTIVANES
RAMIRO SANTIVANES 3343 03/04/2026 INV 3343 Animal Shelter Proje…01-190-56400-0000-1 3,178.07 RAMIRO SANTIVANES 3269 03/11/2026 INV 3269 Fence Repair 9/5/25 01-180-56000-0000-1 800.00 Vendor RAMIRO SANTIVANES - RAMIRO SANTIVANES Total: 3,978.07 Vendor: 661 Communications - Roger C Goodman JR
Roger C Goodman JR 2073 03/12/2026 Inv. 2073 Dispatch - Bluetooth…01-150-56410-0000-1 171.50 Roger C Goodman JR 2074 03/12/2026 Inv. 2074 2-Way Radio Install 01-150-56600-0000-1 157.50 Vendor 661 Communications - Roger C Goodman JR Total: 329.00 Vendor: Safelite Autoglass - Safelite Autoglass
Safelite Autoglass 03397-12124 03/12/2026 Inv. 03397-12124 Glass Repla… 01-150-56600-0000-1 538.08 Vendor Safelite Autoglass - Safelite Autoglass Total: 538.08 Vendor: HDL Companies - Sales Tax Assurance LLC
Sales Tax Assurance LLC SIN057031 03/03/2026 INV SIN057031 Contract Servi… 01-130-56000-0000-1 1,425.00 Sales Tax Assurance LLC SIN057456 03/04/2026 SIN057456 Audit Services;Con…01-130-56000-0000-1 624.61 Vendor HDL Companies - Sales Tax Assurance LLC Total: 2,049.61 Vendor: San Joaquin Paint - San Joaquin Paint
San Joaquin Paint 135550 03/03/2026 INV 135550 Graffiti Truck Pain…01-180-56410-0000-1 96.99 Vendor San Joaquin Paint - San Joaquin Paint Total: 96.99 Vendor: SECURE SYSTEMS - SECURE SYSTEMS
SECURE SYSTEMS R290429 03/04/2026 INV R290429 Mar26 Monitori… 01-190-52200-0000-1 52.00 SECURE SYSTEMS R290430 03/04/2026 INV R290430 Mar26 Monitori… 01-190-52200-0000-1 424.00 SECURE SYSTEMS P773939 03/12/2026 INV P773939 Ticket#140397 0… 01-190-52200-0000-1 265.75 Vendor SECURE SYSTEMS - SECURE SYSTEMS Total: 741.75
Vendor: CAZ100-151 - Sergio Cazares
Sergio Cazares Reim 03/15-03/27/2026 03/04/2026 Reimbursement - Meals & IE -… 01-150-52010-0000-1 1,075.00 Vendor CAZ100-151 - Sergio Cazares Total: 1,075.00
Vendor: The Gas Co. - SoCalGas
SoCalGas Feb 2026 Gas Vet Hall 168616… 03/12/2026 Feb 2026 Gas Vets Hall 16861… 01-185-58000-0000-1 77.88 Vendor The Gas Co. - SoCalGas Total: 77.88
Vendor: Solar Energy - Solar Energy of America 1 LLC
Solar Energy of America 1 LLC 40482417 03/11/2026 INV 40482417 Feb 2026 Mont… 30-500-58000-0000-1 9,618.91 Vendor Solar Energy - Solar Energy of America 1 LLC Total: 9,618.91 Vendor: Southern Tire Mart - Southern Tire Mart, LLC
Southern Tire Mart, LLC 7170013488 03/04/2026 Inv. 7170013488 Unit 40 - 1 N… 01-150-56600-0000-1 191.14 Vendor Southern Tire Mart - Southern Tire Mart, LLC Total: 191.14

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 9 of 12
Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: SunRise - SunRise
SunRise 159277 03/11/2026 INV 159277 Execute(Aerosol) … 20-200-57400-0000-1 456.45 Vendor SunRise - SunRise Total: 456.45
Vendor: tmobile - T Mobile USA Inc
T Mobile USA Inc 992748243 01/21/26-02/20/26 03/03/2026 Acct# 992748243 - Police Dep… 01-150-57800-0000-1 1,700.35 T Mobile USA Inc 992748243 01/21/26-02/20/26 03/03/2026 Acct# 992748243 - Animal Con…01-155-57800-0000-1 116.56 T Mobile USA Inc 992748243 01/21/26-02/20/26 03/03/2026 Acct# 992748243 - Code Enfor…01-165-57800-0000-1 35.84 Vendor tmobile - T Mobile USA Inc Total: 1,852.75
Vendor: UNWIREDBROADBAND - unWired Broadband LLC
unWired Broadband LLC 02659051 03/11/2026 INV 02659051 Internet Month…01-155-57800-0000-1 144.99 unWired Broadband LLC 02659051 03/11/2026 INV 02659051 Internet Month…30-500-57800-0000-1 145.00 Vendor UNWIREDBROADBAND - unWired Broadband LLC Total: 289.99 Vendor: US Bank - US Bank Trust Company National Association US Bank Trust Company Natio… 8036764 03/11/2026 INV 8036764 Bond 2017 admi… 54-000-42340-0000-1 2,300.00 Vendor US Bank - US Bank Trust Company National Association Total: 2,300.00 Vendor: xweather - Vaisala Inc
Vaisala Inc 08FBFFB8-0002 03/04/2026 INV 08FBFFB8-0002 Road AI S… 01-180-56000-0000-1 9,519.00 Vendor xweather - Vaisala Inc Total: 9,519.00
Vendor: Verizon Business - Verizon Business
Verizon Business 6137098919 03/11/2026 INV 6137098919 Feb 26 Wate…32-510-57800-0000-1 180.50 Vendor Verizon Business - Verizon Business Total: 180.50 Vendor: waterworkforce - WaterWorkforce Inc
WaterWorkforce Inc 1503 03/03/2026 INV 1503 WWTP CPO and Wa… 30-500-56000-7820-1 8,086.57 WaterWorkforce Inc 1503 03/03/2026 INV 1503 WWTP CPO and Wa… 32-510-56000-0000-1 8,086.58 WaterWorkforce Inc 1521 03/03/2026 INV 1521 Water Dept, RO Pu… 32-510-56000-0000-1 8,312.50 Vendor waterworkforce - WaterWorkforce Inc Total: 24,485.65 Vendor: West Publishing Corp - West Publishing Corportation West Publishing Corportation 853290746 03/04/2026 Inv. 853290746 Clear Proflex -…01-150-52200-0000-1 506.10 Vendor West Publishing Corp - West Publishing Corportation Total: 506.10 Vendor: WILLDAN - WILLDAN
WILLDAN 010-65373 03/12/2026 INV #010-65373 CFD Annex. fi… 01-140-56000-0000-1 7,500.00 Vendor WILLDAN - WILLDAN Total: 7,500.00
Grand Total: 500,998.38

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 10 of 12
Report Summary
Fund Summary
Fund Payment Amount
01 - GENERAL FUND 238,864.23
20 - LIGHTING & LANDSCAPING-DISTRICT 1 2,052.28
25 - CAPITAL IMPROVEMENTS PROJECTS 33,328.67
30 - SEWER 27,170.88
31 - REFUSE/RECYCLING 8,201.59
32 - WATER 187,230.68
34 - PUBLIC TRANSPORTATION 1,850.05
54 - MCFARLAND IMPROVEMENT AUTHORITY 2,300.00
Grand Total: 500,998.38
Account Summary
Account Number Account Name Payment Amount
01-110-55200-0000-1 Miscellaneous 91.46
01-130-52200-0000-1 Contract Services 14,500.00
01-130-56000-0000-1 Professional Services - O… 9,099.79 01-130-56100-0000-1 Legal Services 10,369.00
01-140-52200-0000-1 Contract Services 5,073.22
01-140-56000-0000-1 Professional Services - O… 10,828.30 01-150-52010-0000-1 Conference/Meeting/Tr… 2,400.00
01-150-52200-0000-1 Contract Services 1,348.40
01-150-52950-2319-1 Equipment - Other (Capi… 50,000.00
01-150-54000-0000-1 Fuel 5,919.86
01-150-56000-0000-1 Professional Services - O… 6,178.60 01-150-56100-0000-1 Legal Services 1,900.00
01-150-56410-0000-1 Repairs & Maintenance … 171.50
01-150-56600-0000-1 Repairs & Maintenance -… 8,309.04
01-150-57200-0000-1 Supplies - Office 115.17
01-150-57400-0000-1 Supplies - Operating 112.09
01-150-57800-0000-1 Telephone & Communic… 1,700.35
01-155-51100-0000-1 Animal Disposal 220.50
01-155-51150-0000-1 Dog Clinic 16.78
01-155-52200-0000-1 Contract Services 250.00
01-155-52910-2608-1 Building & Improvement… 1,467.27
01-155-57800-0000-1 Telephone & Communic… 261.55
01-160-41550-0000-1 Building Plan Check 140.00
01-165-53200-0000-1 Dues & Subscriptions 100.00
01-165-56000-0000-1 Professional Services-Ot… 145.20
01-165-57800-0000-1 Telephone & Communic… 35.84
01-175-57200-0000-1 Supplies - Office 6.76
01-180-52200-0000-1 Contract Services 8.81
01-180-56000-0000-1 Professional Services - O… 10,383.41 01-180-56410-0000-1 Repairs & Maintenance … 181.99
01-180-56500-0000-1 Repairs/Maintenance St… 5,730.82
01-180-56600-0000-1 Repairs/Maintenance - … 1,080.00
01-180-58100-0000-1 Street Lighting 4,424.04
01-185-58000-0000-1 Utilities 77.88
01-190-52200-0000-1 Contract Services 741.75
01-190-56400-0000-1 Repairs & Maint - Build &… 4,557.12 01-20200-0000-1 Accounts Payable 960.00
01-20800-0000-1 Pension Payable 21,054.89
01-22050-0000-1 Federal Withholding Pay… 14,322.03
01-22100-0000-1 FICA Payable 19,981.74
01-22150-0000-1 Medicare Payable 4,673.20
01-22200-0000-1 State Withholding Payab… 8,811.32
01-22250-0000-1 SUTA Payable 239.21
01-22275-0000-1 ETT Payable 6.64
01-22400-0000-1 Aflac Insurance 751.02

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 11 of 12
Account Summary
Account Number Account Name Payment Amount
01-22600-0000-1 Health FSA 56.94
01-24600-8207-1 Deferred Revenue - McF… 8,301.26
01-310-52200-0000-1 Contract Services 672.00
01-310-52950-2609-1 Equipment Capital - City… 1,087.48
20-200-56700-0000-1 Repairs & Maintenance -… 339.78
20-200-57400-0000-1 Supplies - Operating 456.45
20-20800-0000-1 Pension Payable 436.65
20-22050-0000-1 Federal Withholding Pay… 205.72
20-22100-0000-1 FICA Payable 393.92
20-22150-0000-1 Medicare Payable 92.14
20-22200-0000-1 State Withholding Payab… 106.37
20-22400-0000-1 Aflac Insurance 21.25
25-000-52910-2504-1 Buildings & Improvemen… 16,105.81
25-000-52960-2401-1 Street & Roads (Capital) -… 14,102.83 25-000-52960-7330-1 Street & Roads (Capital) -… 3,120.03 30-20800-0000-1 Pension Payable 2,491.39
30-22050-0000-1 Federal Withholding Pay… 1,167.37
30-22100-0000-1 FICA Payable 2,736.74
30-22150-0000-1 Medicare Payable 640.16
30-22200-0000-1 State Withholding Payab… 780.35
30-22250-0000-1 SUTA Payable 23.45
30-22275-0000-1 ETT Payable 0.65
30-22400-0000-1 Aflac Insurance 79.20
30-22600-0000-1 Health FSA 46.17
30-500-52200-0000-1 Contract Services 350.23
30-500-55600-0000-1 Postage 750.50
30-500-56000-7820-1 Professional Services - … 8,086.57
30-500-57800-0000-1 Telephone & Communic… 145.00
30-500-58000-0000-1 Utilities 9,723.10
30-500-58200-0000-1 Water/Soil/Other Analys… 150.00
31-20800-0000-1 Pension Payable 688.98
31-22050-0000-1 Federal Withholding Pay… 512.28
31-22100-0000-1 FICA Payable 899.10
31-22150-0000-1 Medicare Payable 210.28
31-22200-0000-1 State Withholding Payab… 345.48
31-22250-0000-1 SUTA Payable 13.19
31-22275-0000-1 ETT Payable 0.36
31-22400-0000-1 Aflac Insurance 22.91
31-22600-0000-1 Health FSA 34.62
31-505-42130-0000-1 Gate Fees 4,453.16
31-505-52200-0000-1 Contract Services 270.73
31-505-55600-0000-1 Postage 750.50
32-20800-0000-1 Pension Payable 2,494.95
32-22050-0000-1 Federal Withholding Pay… 1,169.70
32-22100-0000-1 FICA Payable 2,743.60
32-22150-0000-1 Medicare Payable 641.40
32-22200-0000-1 State Withholding Payab… 781.81
32-22250-0000-1 SUTA Payable 23.58
32-22275-0000-1 ETT Payable 0.65
32-22400-0000-1 Aflac Insurance 79.09
32-22600-0000-1 Health FSA 46.11
32-510-52200-0000-1 Contract Services 271.54
32-510-52910-2313-1 Buildings & Improvemen… 130,000.00
32-510-52910-2532-1 Buildings & Imp. (Capital)… 5,531.96 32-510-55600-0000-1 Postage 752.74
32-510-56000-0000-1 Professional Services - O… 21,558.17 32-510-56410-0000-1 Repairs & Maintenance- … 2,424.80
32-510-57400-0000-1 Supplies - Operating 104.34

Expense Approval Report Payment Dates: 2/28/2026 - 3/13/2026 3/18/2026 4:53:06 PM Page 12 of 12
Account Summary
Account Number Account Name Payment Amount
32-510-57800-0000-1 Telephone & Communic… 180.50
32-510-58000-0000-1 Utilities 17,331.99
32-510-58200-0000-1 Water/Soil/Other Analys… 1,093.75
34-20800-0000-1 Pension Payable 428.72
34-22050-0000-1 Federal Withholding Pay… 290.09
34-22100-0000-1 FICA Payable 565.60
34-22150-0000-1 Medicare Payable 132.28
34-22200-0000-1 State Withholding Payab… 198.98
34-22400-0000-1 Aflac Insurance 42.06
34-520-56600-0000-1 Repairs & Maintenance -… 108.42
34-520-57400-0000-1 Supplies - Operating 83.90
54-000-42340-0000-1 Administration Fees 2,300.00
Grand Total: 500,998.38
Project Account Summary
Project Account Key Payment Amount
**None** 500,998.38
Grand Total: 500,998.38

REGULAR CITY COUNCIL MINUTES

IN-PERSON MEETING
March 11, 2026

MCFARLAND CITY COUNCIL

MCFARLAND SUCCESSOR AGENCY

MCFARLAND PUBLIC FINANCE AUTHORITY

MCFARLAND IMPROVEMENT AUTHORITY

MCFARLAND PARKING AUTHORITY

CALL TO ORDER
Mayor Ayon called the meeting to order at 6:00p.m.

ROLL CALL
Councilmembers Present: Mayor Saul Ayon, Vice-Mayor Ricardo Cano, Councilmember Martin Gutierrez, Councilmember María Pérez, Councilmember Anita Gonzalez Councilmembers Absent:

OFFICIALS PRESENT
City Attorney Nathan Hodges, City Manager Diego Viramontes, Chief of Police Adrain Olmos, Community Development Director Megan Snyder, Economic Development Manager Paul Saldana, Human Resources Director Serrena McCuan, City Clerk Erika De La Cruz

INVOCATION
Offered by Pastor Tony Blanco

PLEDGE OF ALLEGIANCE
Offered by Mayor Saul Ayon

APPROVE AGENDA AS TO FORM
Motion by Vice Mayor Cano, Seconded by Councilmember Pérez to Approve the Agenda as to Form at the meeting of March 11, 2026. Motion Approved by 5/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, R. Cano, M. Gutierrez, M. Pérez, A. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
PASSED: 5-0

FEATURED PET
Featured Pet, Rio, presented by Community Development Director Snyder

PRESENTATIONS, INTRODUCTIONS AND AWARDS
None

DEPARTMENTAL REPORTS
None

CONSENT AGENDA

1. Approval of Expense Report in the Amount of $300,678.69 from 2/14/2026 to 2/27/2026

2. Approval of Payroll Report for the Month of February 2026 in the Amount of $453,841.59

3. Approval of February 25, 2026, Regular Meeting Minutes

4. Approval of Resolution No. 2026-18 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND APPROVING AN APPLICATION FOR FUNDING

AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2025 FUNDING YEAR OF THE STATE CDBG PROGRAM

5. APPROVAL OF TRAVEL EXPENSES EXCEEDING $500.00 FOR CITY CLERK TO ATTEND THE CALIFORNIA PROFESSIONAL MUNICIPAL CLERK 2026, AT UNIVERSITY OF CALIFORNIA, RIVERSIDE, FROM SEPTEMBER 28 - OCTOBER 2, 2026

6. Approval of Resolution No. 2026-22 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND ACCEPTING THE INTEREST IN REAL PROPERTY

AND AUTHORIZING THE CITY MANAGER TO SIGN CERTIFICATE OF

ACCEPTANCE

7. Approval of Resolution No. 2026-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA ACCEPTING THE $10,000.00

DONATION FROM LOVE DOGS RESCUE TO SUPPORT SNIP CLINIC SPAY AND

NEUTER SERVICES
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez to Approve the Consent Agenda at the meeting of March 11, 2026. Motion Approved by 5/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, R. Cano, M. Gutierrez, M. Pérez, A. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
PASSED: 5-0

PUBLIC HEARINGS

8. PUBLIC HEARING NO.1 - PROPOSED CITY CHARTER (GOV. CODE §34458):

RECEIVE PUBLIC COMMENT AND COUNCIL DIRECTION ON PROPOSED

CHARTER
The public hearing was opened. No public comments were received. The public hearing was closed. No formal action was taken by the City Council.

9. Approval of Resolution No. 2026-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING TEMPORARY USE PERMIT 2026-20 FOR THE MCFARLAND USA 5K, 10K, AND 1 MILE ADAPTIVE RUN
Motion by Councilmember Gutierrez, Seconded by Vice Mayor Cano for the Approval of Resolution No. 2026-20 at the meeting of March 11, 2026. Motion Approved by 5/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, R. Cano, M. Gutierrez, M. Pérez, A. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
PASSED: 5-0

ADMINISTRATIVE AGENDA

10. Approval of Resolution No. 2026-16 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA, EXPRESSING SUPPORT FOR THE DIGNIDAD (DIGNITY) ACT, H.R. 4393
Motion by Vice Mayor Cano, Seconded by Councilmember Gonzalez for the Approval of Resolution No. 2026-16 at the meeting of March 11, 2026. Motion Approved by 5/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, R. Cano, M. Gutierrez, M. Pérez, A. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
PASSED: 5-0

11. Approval of Resolution No. 2026-17 CITY COUNCIL OF CITY OF MCFARLAND APPROVAL OF CalPERS CONTRACT AND AUTHORIZATION TO PROCEED

WITH IMPLEMENTATION PLANNING FOR LOCAL SAFETY MEMBERS
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-17 at the meeting of March 11, 2026. Motion Approved by 5/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, R. Cano, M. Gutierrez, M. Pérez, A. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
PASSED: 5-0

12. Approval of Resolution No. 2026- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING ADDENDUM NO. 1 TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MCFARLAND AND

DIEGO VIRAMONTES FOR THE POSITION OF CITY MANAGER/FINANCE

DIRECTOR
Motion by Vice Mayor Cano, Seconded by Councilmember Gonzalez for the Approval of Resolution No. 2026-19 at the meeting of March 11, 2026. Motion Approved by 5/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, R. Cano, M. Gutierrez, M. Pérez, A. Gonzalez NOES: None
ABSENT: None
ABSTAIN: None
PASSED: 5-0

PUBLIC COMMENT

1. Nicole Villaruz – Providing Information from PG&E

COUNCIL COMMENTS
None
COUNCIL STATEMENTS AND REPORTS:
• Councilmembers expressed overall support for the Dignity Act and appreciation for the progress being made within the City.
• Appreciation was extended to City staff and department directors for their continued work and dedication.
• Vice Mayor Cano gave a reminder to the public to eliminate standing water due to rising temperatures, in order to prevent mosquito activity.
• Mayor Saul Ayon noted that multiple construction projects are currently underway throughout the City, including the new police facility, Garzoli Extension, and water infrastructure improvements. Residents were encouraged to exercise caution, be patient, and drive safely in construction areas.
• Recognition was given by council to staff members for their professionalism and service to the community.

CLOSED SESSION

13. Direction was given to the City Manager and HR Director.

ADJOURNEMENT
The meeting was adjourned at 7:34p.m.

CITY OF MCFARLAND
_______________________________
Erika De La Cruz, City Clerk

SPECIAL CITY COUNCIL MINUTES

CITY OF MCFARLAND CITY COUNCIL GOALS AND PRIORITIES STRATEGIC

WORKSHOP

IN-PERSON MEETING
March 12, 2026

MCFARLAND CITY COUNCIL

MCFARLAND SUCCESSOR AGENCY

MCFARLAND PUBLIC FINANCE AUTHORITY

MCFARLAND IMPROVEMENT AUTHORITY

MCFARLAND PARKING AUTHORITY

CALL TO ORDER
Mayor Ayon called the meeting to order at 3:30p.m.

ROLL CALL
Councilmembers Present: Mayor Saul Ayon, Vice-Mayor Ricardo Cano, Councilmember Martin Gutierrez, Councilmember María Pérez, Councilmember Anita Gonzalez Councilmembers Absent:

OFFICIALS PRESENT
City Attorney Nathan Hodges, City Manager Diego Viramontes, Chief of Police Adrain Olmos (Attended Via Teams), Community Development Director Megan Snyder, Economic Development Manager Paul Saldana, Human Resources Director Serrena McCuan, City Clerk Erika De La Cruz

INVOCATION
Offered by Councilmember Pérez

PLEDGE OF ALLEGIANCE
Offered by Vice Mayor Cano

DISCUSSION ITEMS

1. Strategic Discussion on Citywide Priorities, Infrastructure Needs, and Financial Capacity The City Council participated in a workshop facilitated by Directors to discuss current initiatives, organizational capacity, and priority setting for the upcoming fiscal year. Staff provided an overview of major initiatives currently underway and facilitated a discussion focused on aligning Council priorities with available staff and financial resources. The Council discussed the importance of evaluating and sequencing priorities, including the potential need to adjust or defer certain initiatives. The workshop also included discussion regarding the establishment of clear priorities to guide future work plans, budget development, and project sequencing for the next fiscal year. No formal action was taken.

PUBLIC COMMENT
None

COUNCIL COMMENTS
None

ADJOURNEMENT
The meeting adjourned at 5:41p.m.

CITY OF MCFARLAND
_______________________________
Erika De La Cruz, City Clerk

SPECIAL CITY COUNCIL MINUTES

IN-PERSON MEETING
March 13, 2026

MCFARLAND CITY COUNCIL

MCFARLAND SUCCESSOR AGENCY

MCFARLAND PUBLIC FINANCE AUTHORITY

MCFARLAND IMPROVEMENT AUTHORITY

MCFARLAND PARKING AUTHORITY

CALL TO ORDER
Mayor Saul Ayon called the meeting to order at 3:30p.m.

ROLL CALL
Councilmembers Present: Mayor Saul Ayon, Councilmember María Pérez, Councilmember Anita Gonzalez
Councilmembers Absent: Vice-Mayor Ricardo Cano, Councilmember Martin Gutierrez

OFFICIALS PRESENT
City Manager Viramontes, City Attorney Hodges, Public Works Director Hernandez, Community Development Director Snyder, Human Resources Director McCuan, Economic Development Manager Saldana

INVOCATION
Offered by Council Member María T. Pérez

PLEDGE OF ALLEGIANCE
Offered by City Manager Diego Viramontes

APPROVE AGENDA AS TO FORM
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez to Approve the Agenda as to Form at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0

CONSENT AGENDA

1. Approval of Resolution No. 2026-30 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA APPROVING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH 4LEAF, INC. FOR ON-CALL

CODE ENFORCEMENT CONSULTING SERVICES
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-30 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0

2. Approval of Resolution No. 2026-31 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA GRANTING AN EASEMENT TO

PACIFIC GAS & ELECTRIC (PG&E) TO INSTALL AND MAINTAIN POWER TO PROPERTY LOCATED ON APN 201-070-81
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-31 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0

3. Approval of Resolution No. 2026-29 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA APPROVING AN ACCESS

AGREEMENT WITH THE MCFARLAND RECREATION AND PARK DISTRICT

FOR INSPECTION OF THE SHERWOOD PARK POOL FACILITY
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-29 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0

4. Approval of Resolution No. 2026-32 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA AUTHORIZING THE CINCO DE

MAYO FESTIVAL EVENT AND APPROVING AN AGREEMENT FOR CARNIVAL

RIDE SERVICES
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-32 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0

PUBLIC HEARINGS

5. ANNEXATION NO. 3 INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES), AND ANNEXATION NO. 4 INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) AND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) Mayor Ayon asked the City Clerk to report the election results. The Deputy City Clerk confirmed that the required election for the proposed annexation of territory into Community Facilities District No. 2019-1, 2017-1 and 2017-2 was conducted and that the proposition received the required two-thirds approval and/or waivers and therefore was approved. The official results will be kept in the official records of the City. a. Approval of Resolution No. 2026-26 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA DECLARING RESULTS OF A SPECIAL

ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,

AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) ANNEXATION NO. 4 (TRACT 7394)
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-26 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0
b. Approval of Resolution No. 2026-27 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA DECLARING RESULTS OF A SPECIAL

ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,

AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) ANNEXATION NO. 4 (TRACT 7394
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-27 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0
c. Approval of Resolution No. 2026-28 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA DECLARING RESULTS OF A SPECIAL

ANNEXATION ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS,

AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES) ANNEXATION NO. 3 (TRACT 7394)
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-28 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0

6. ANNEXATION NO. 3 INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES), AND ANNEXATION NO. 4 INTO COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) AND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) a. Approval of Resolution No. 2026-23 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA ANNEXING OF TERRITORY (TRACT 7394) TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A

SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-1 (POLICE SERVICES) ANNEXATION NO. 4
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-23 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0
b. Approval of Resolution No. 2026-24 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA ANNEXING OF TERRITORY (TRACT 7394) TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A

SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2017-2 (LANDSCAPING AND STREET MAINTENANCE) ANNEXATION NO. 4
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-24 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez

NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0
c. Approval of Resolution No. 2026-25 A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF MCFARLAND, CALIFORNIA ANNEXING OF TERRITORY (TRACT 7394) TO A COMMUNITY FACILITIES DISTRICT, AUTHORIZING THE LEVY OF A

SPECIAL TAX AND SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS, CITY OF MCFARLAND COMMUNITY FACILITIES DISTRICT NO. 2019-1 (FIRE PROTECTION SERVICES) ANNEXATION NO. 3
Motion by Councilmember Gonzalez, Seconded by Councilmember Pérez for the Approval of Resolution No. 2026-25 at the meeting of March 13, 2026. Motion Approved by 3/0 Roll-Call Majority Vote.

Roll Call Vote:

AYES: S. Ayon, M. Pérez, A. Gonzalez
NOES: None
ABSENT: R. Cano, M. Gutierrez
ABSTAIN: None
PASSED: 3-0

PUBLIC COMMENT
None

COUNCIL COMMENTS
None

COUNCIL STATEMENTS AND REPORTS
None

CLOSED SESSION

7. Direction was given to the City Manager and Community Development Director.

ADJOURNEMENT
Meeting adjourned approximately at 3:48p.m.

CITY OF MCFARLAND
_______________________________
Erika De La Cruz, City Clerk

SPECIAL CITY COUNCIL MINUTES

ADJOURNED CITY OF MCFARLAND CITY COUNCIL GOALS AND PRIORITIES

STRATEGIC WORKSHOP

IN-PERSON MEETING
March 16, 2026

MCFARLAND CITY COUNCIL

MCFARLAND SUCCESSOR AGENCY

MCFARLAND PUBLIC FINANCE AUTHORITY

MCFARLAND IMPROVEMENT AUTHORITY

MCFARLAND PARKING AUTHORITY

CALL TO ORDER
Mayor Ayon called the meeting to order at 4:32p.m.

ROLL CALL
Councilmembers Present: Mayor Saul Ayon, Vice-Mayor Ricardo Cano, Councilmember Martin Gutierrez, Councilmember María Pérez, Councilmember Anita Gonzalez Councilmembers Absent:

OFFICIALS PRESENT
City Attorney Nathan Hodges, City Manager Diego Viramontes, Community Development Director Megan Snyder, Economic Development Manager Paul Saldana, Human Resources Director Serrena McCuan, City Clerk Erika De La Cruz

INVOCATION
Offered by Councilmember Gonzalez

PLEDGE OF ALLEGIANCE
Offered by Councilmember Pérez

DISCUSSION ITEMS

1. Strategic Discussion on Citywide Priorities, Infrastructure Needs, and Financial Capacity

The adjourned meeting was continued to allow for the rest of the items from the previous session to be presented. The City Council participated in a workshop facilitated by Department Directors to discuss current initiatives, organizational capacity, and priority setting for the upcoming fiscal year. Staff provided an overview of ongoing initiatives and led a discussion focused on aligning Council priorities with available staffing and financial resources. The Council discussed the importance of evaluating and sequencing priorities, including the potential need to adjust or defer certain initiatives. Additional discussion focused on establishing clear priorities to guide future work plans, budget development, and project sequencing for the next fiscal year.

PUBLIC COMMENT
None

COUNCIL COMMENTS
None

ADJOURNEMENT
The meeting adjourned at 5:57p.m.

CITY OF MCFARLAND
_______________________________
Erika De La Cruz, City Clerk

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 9.

Section: CONSENT AGENDA
Meeting Date: March 25, 2026
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Adrian Olmos, Chief of Police
SUBJECT: Approval of Resolution No. 2026-33 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND, CALIFORNIA APPROVING THE
UTILIZATION OF GRANT FUNDING TO PURCHASE FOUR (4) POLICE E-BIKES IN THE AMOUNT OF $20,304.00 THROUGH RECON POWER BIKES SUMMARY:

The McFarland Police Department is seeking to expand its community policing and patrol capabilities through the acquisition of electric patrol bicycles (e-bikes). E-bikes provide an effective and efficient means of patrolling parks, schools, school traffic, e-scooter enforcement, and special events where traditional patrol vehicles may be less practical.

The use of e-bikes enhances officer mobility, visibility, and accessibility while promoting positive community engagement. Additionally, e-bikes allow officers to respond more quickly in congested or restricted areas while reducing fatigue during extended patrols. The purchase of police e-bikes will enhance the McFarland Police Department’s ability to effectively patrol areas that are not easily accessible by traditional vehicles. After evaluating comparable vendors, staff determined that Recon Power Bikes provides the best overall value based on performance, safety, and fully integrated law enforcement equipment.

Staff has determined that this purchase represents a cost-effective investment in public safety equipment, with long-term operational benefits and minimal ongoing maintenance costs compared to traditional patrol vehicles.

Recon Power Bikes Proposal
The Police Department obtained a formal quotation from Recon Power Bikes for four (4) Interceptor Police E-Bikes. The total cost is $20,304, or approximately $5,076 per fully equipped bike. The Recon Interceptor platform is specifically designed for law enforcement use and includes integrated equipment rather than aftermarket modifications. The quoted package includes:
• 750–1000 watt mid-drive motor
• 48V 21Ah lithium-ion battery
• Integrated police light and siren system
• Patrol rack bag
• Assembly, testing, and delivery

Product Performance and Features
The Recon Interceptor offers the following operational advantages:
• Speeds up to 28 mph
• Range of up to 60+ miles per charge
• Mid-drive motor for improved torque and hill performance • Hydraulic braking system
• UL-certified electrical systems (UL 2849 and UL 2271) These features support longer patrol durations, improved safety, and enhanced operational reliability.

Vendor Comparison
Staff conducted a comparison with other police e-bike vendors offering similar products:

QuietKat (Patrol Configurations)
• Estimated cost: $4,500–$6,500 per unit when fully equipped • Typically requires aftermarket installation of police equipment • Battery capacity and range generally lower than Recon Volcanic Bikes (Police Models)
• Estimated cost: $3,800–$5,300 per unit when fully equipped • Typically uses hub-drive motors (less torque than mid-drive) • Lower battery capacity and reduced range compared to Recon While some vendors offer lower base pricing, comparable fully equipped patrol units meet or exceed the cost of the Recon proposal when police-specific equipment is added. The Recon proposal provides several key advantages:
• Turnkey Solution: Fully integrated police equipment eliminates the need for aftermarket installation and reduces staff time.
• Enhanced Performance: Mid-drive motor and higher-capacity battery provide superior torque, range, and reliability.
• Safety and Compliance: UL-certified systems reduce liability and ensure compliance with recognized safety standards.
• Cost Effectiveness: Competitive pricing when compared to similarly equipped patrol e-bikes. • Operational Efficiency: Increased patrol coverage, improved response times, and reduced officer fatigue.

FINANCIAL IMPACT:

The total cost for the purchase of four (4) fully equipped police e-bikes is $20,304. Funding for

this purchase will be allocated and covered by the Fentanyl Task Force Funds.

RECOMMENDATION:

Staff recommends the City Council approves the purchase of four (4) patrol e-bikes using awarded grant funds.

ATTACHMENTS:

1. C9954 Quote McFarland PD-CA

2. 2026 Recon_Interceptor Spec Sheet

RESOLUTION NO. 2026-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA APPROVING THE UTILIZATION OF GRANT FUNDING TO PURCHASE FOUR (4) POLICE E-BIKES IN THE AMOUNT OF $20,304.00 THROUGH RECON POWER BIKES WHEREAS, the McFarland Police Department seeks to enhance its community policing and patrol capabilities through the acquisition of electric patrol bicycles (e-bikes); and WHEREAS, e-bikes provide an effective and efficient means of patrolling parks, schools, school traffic areas, e-scooter enforcement zones, and special events where traditional patrol vehicles may be less practical; and
WHEREAS, the use of e-bikes increases officer mobility, visibility, and accessibility while promoting positive community engagement and improving response times in congested or restricted areas; and
WHEREAS, the proposed purchase of four (4) police e-bikes from Recon Power Bikes in the total amount of $20,304 represents a cost-effective investment in public safety equipment with minimal ongoing maintenance costs compared to traditional patrol vehicles; and WHEREAS, funding for the purchase of the e-bikes is available through awarded Fentanyl Task Force grant funds, resulting in no impact to the City’s General Fund.

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

1. The City Council hereby approves the utilization of Fentanyl Task Force grant funding in the amount of $20,304 for the purchase of four (4) police e-bikes from Recon Power Bikes.

2. The City Manager, or designee, is hereby authorized to execute all documents and take all actions necessary to complete the purchase in accordance with applicable laws and City policies.

3. The City Council finds that the purchase of the police e-bikes will enhance public safety services by improving patrol efficiency, increasing officer visibility, and expanding access to areas not easily served by traditional patrol vehicles.

4. The City Council determines that this purchase is a cost-effective use of grant funding that supports long-term operational benefits and aligns with the City’s commitment to innovative and community-oriented policing strategies.

5. The City Council hereby directs staff to implement the e-bike program and incorporate the equipment into appropriate patrol operations, training, and community engagement efforts.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on March 25, 2026 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

QUOTATION
Quote Number: C9954
Quote Date:Feb 24, 2026
Quoted To:

McFarland Police Dept
401 W Kern Ave
McFarland,CA, 93250
Catalina Nunez
Good Thru Payment Terms Shipping Terms
Mar 26, 2026 Net 30 FOB Fort Wayne, IN
Sub Total $ 20,304.00
Sales Tax $ 0.00
Grand Total $ 20,304.00
Quote Created By: Trevor Ellis
Unless otherwise stated, freight charges are not included. If you'd like to place an order, please contact Becca Warren at [email protected] 327 Ley Road, Fort Wayne, IN 46825 | www.PolicePowerBikes.com | 888-485-2589 Qty Item Description Unit Price Amount
4 B-INTERCEPTORBLK-210 Interceptor Power Bike, Black, 750/1000 Watt Mid-Driven Motor, Includes 48V 21AH Battery,
LE Model, 17" Frame. Certified to ANSI/CAN/UL
2849 & 2271 Standard
$ 3,999.00 $ 15,996.00
4 A-MPOWERKIT2 SoundOff mPower 4x2 light and Siren Kit, Dual Upfit/ (2) Front, Rear lights, Siren, Powered by
bike, Scene Lighting, 1,836 LM per light
$ 699.00 $ 2,796.00
4 A-POLICEBAG Police Rack Bag $ 129.00 $ 516.00
4 S-ASSEMBLY-TESTING Assembly, Testing and Shipping/Delivery of Bikes (Per Bike)
$ 249.00 $ 996.00

ALL-TERRAIN POWER BIKES

MADE MILITARY TOUGH
FRAME AL6061
MOTOR 1000 Watt Mid Drive

BATTERY

SHIFTER
WHEEL 26"
TIRES 4" Kenda Puncture Resistant
CHARGER AC 100-240 V
FRONT FORK Front Suspension
BRAKES
POLICE LIGHTS Emergency Light Package
LCD DISPLAY Color, Smart LCD

COLOR OPTIONS
SPEED
RANGE
ALPR
RECON

INTERCEPTOR
PolicePowerBikes.com | 888.485.2589
*All bikes include front/back metal fenders, back rack and front light

ALL-TERRAIN POWER BIKES

MADE MILITARY TOUGH
FRAME AL6061
MOTOR 750-1000 Watt Mid Drive

BATTERY
SHIFTER Shimano 9 Speed
WHEEL 26"
TIRES 4" Kenda Puncture Resistant
CHARGER AC 100-240 V
FRONT FORK Front Suspension
BRAKES Quad Piston Hydraulic
POLICE LIGHTS 3 Options Available
LCD DISPLAY Color, Smart LCD
COLOR OPTIONS Black, White
SPEED
RANGE
*Up to 28 mph
*Up to 60 + miles (PA 1-3)
ALPR Options available Options available
**Varies based on weight, terrain and use of pedal assist Varies based on weight, terrain and use of pedal assist RECON

INTERCEPTOR
PolicePowerBikes.com | 888.485.2589
-BASIC PACKAGE (2)Front/Back Lights
External Battery
-mPOWER-DUAL (2)Front/Back Lights
Wired in Bike, 6 Modes
-mPOWER-QUAD (4)Front/Back/Sides Lights
Wired in Bike, 6 Modes
*All bikes include front/back metal fenders, back rack and front light 48V 21AH Lithium Ion
CERTIFICATIONS ANSI/CAN/UL2849 & UL 2271
COMMAND APP In Development - Mid to Late 2025

PATROL SAFER, FARTHER, AND FASTER

POWER BIKE PATROL ADVANTAGES
COVERAGE: Patrol a bigger area with more frequency
MOBILITY: Maneuver through tight areas, crowds and different terrain SPEED: Faster Response times with speeds up to 28 mph
SAFETY: Assist from motor allows officers to arrive on scene without fatigue FUNCTIONALITY: Nearly any officer can ride a power bike EASE: Easy to use and minimal training
COST EFFECTIVENESS: All these advantages at a cost not much higher than a standard patrol mountain bike
TRAINING: E-Bike patrol certification training available

SPECIFICATIONS

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 10.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: March 25, 2026
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. 2026-15 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND, CALIFORNIA ACCEPTING THE BID

SUBMITTED BY DOOLITTLE ROAD CONSTRUCTION FOR THE STREET

REJUVENATION AND SLURRY SEAL PROJECT AT VARIOUS LOCATIONS IN THE AMOUNT OF $232,000 AND AN APPROPRIATION OF $23,200 FOR

CONSTRUCTION CONTINGENCY, AND AUTHORIZING THE CITY

MANAGER TO SIGN AND EXECUTE THE CONSTRUCTION AGREEMENT
SUMMARY:

The City of McFarland allotted a total of $350,000 for fiscal year 2025-26 to utilize for Asphalt Rejuvenation at Various Locations. Staff utilized RoadAI to establish a list of Streets that were good candidates for Reclamite Rejuvenation and Slurry Seal.

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

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

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

On February 18, 2026, Staff put out to bid the Street Rejuvenation and Slurry Seal project at Various locations Project which consisted of 29 streets to receive reclamite and 10 streets to receive slurry seal.

On March 12, 2026, at 2:15 PM. sealed bids were opened for this project. A total of five (5) bids were received and opened by the Assistant Engineer with the City Clerk and Public Works Director present. The following is the tabulation of the bids received:

BIDDER Bid Total
Pavement Coatings Co. $309,706.54
Doolittle Construction $232,000.00
Dryco Construction, Inc. $360,705.51
VSS International $325,211.00
American Asphalt South, Inc. $306,174.55
The Assistant Engineer has reviewed and qualified the lowest responsible bidder, Doolittle Road Construction, by checking their contractor's license number, DIR registration number,

and references of previously completed projects. The City is allowing 30 calendar days for the contractor to complete the project.

FINANCIAL IMPACT:

The total estimated cost of the construction phase of this project is $255,200, including contingencies. These costs were accounted for in the Asphalt Rejuvenation CIP Project for Fiscal Year 2025-26.

RECOMMENDATION:

Staff recommends City Council approve Resolution No. 2026-15 accepting the lowest responsive and responsible bidder, award the project, and execute a construction agreement with Doolittle Road Construction in the amount of $232,000 for the Street Rejuvenation and Slurry Seal Project and authorize the City Manager to execute the construction agreement.

Additionally, Staff recommends the approval in the amount of $23,200 for Construction Contingency. These funds will be utilized for unforeseen work that may arise during the course of construction. The management of this project will be done in house to save on cost.

ATTACHMENTS:

1. 2026 McFarland - Street Rejuv_Slurry-PLANS

2. 2026 McFarland - Street Rejuv_Slurry-Construction Agreement

3. 2026 Street Rejuvenation - Various Locations - Bid Results_Redacted

4. Doolittle Construction_Redacted

RESOLUTION NO. 2026-15

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

ACCEPTING THE BID SUBMITTED BY DOOLITTLE ROAD CONSTRUCTION FOR THE

STREET REJUVENATION AND SLURRY SEAL PROJECT AT VARIOUS LOCATIONS IN THE AMOUNT OF $232,000 AND AN APPROPRIATION OF $23,200 FOR CONSTRUCTION

CONTINGENCY, AND AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE

THE CONSTRUCTION AGREEMENT
WHEREAS, the City Council has identified the need for street rejuvenation and slurry seal projects at various locations throughout the city to extend the life of the streets and enhance their condition; and
WHEREAS, in response to the City’s request for proposals, Doolittle Construction submitted a bid in the amount of $232,000 for the completion of the street rejuvenation and slurry seal project; and WHEREAS, City staff have reviewed the bid from Doolittle Construction and determined that it meets the necessary requirements and specifications for the project; and WHEREAS, the City Council desires to accept the bid from Doolittle Construction and authorize the City Manager to sign and execute the construction agreement on behalf of the City of McFarland; and
WHEREAS, the total project cost 255,200, including a contingency of $23,200, will have no additional impact on the General Fund as it was covered in the Asphalt Rejuvenation CIP submitted for Fiscal Year 2025-26.

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 Doolittle Construction, for the Street Rejuvenation and Slurry Seal Project, in the amount of $255,200.00 including construction contingency.

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

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

5. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on March 25, 2026 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

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

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
SLURRY AND RECLAMITE STREET LIST 2026-01 1 6 02/17/26 Padraic Castillo

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

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
RECLAMITE AREA 1 2026-01 RECLAMITE AREA 1 AREA 1 2 6 02/17/26 Padraic Castillo

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

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
RECLAMITE AREA 2 2026-01 RECLAMITE AREA 2 AREA 2 3 6 Padraic Castillo 02/17/26

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

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
RECLAMITE AREA 3 2026-01 RECLAMITE AREA 3 AREA 3 4 6 Padraic Castillo 02/17/26

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

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
SLURRY AREA 1 2026-01 SLURRY AREA 1 AREA 1 5 6 Padraic Castillo 02/17/26

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

STREET REJUVENATION AND SLURRY SEAL

PROJECT

VARIOUS LOCATIONS
SLURRY AREA 1 2026-01 DOUBLE SLURRY AREA 1 AREA 1 5 6 Padraic Castillo 02/17/26

AGREEMENT NO. 2026-XX

PUBLIC WORKS AGREEMENT
By and Between

CITY OF MCFARLAND
and
Doolittle Road Construction

-2-
AGREEMENT NO. 2026-XX

PUBLIC WORKS AGREEMENT

BETWEEN

THE CITY OF MCFARLAND
AND
Doolittle Road Construction
THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 25th day of March, 2026 by and between the CITY OF MCFARLAND, a municipal corporation (“City”) and Doolittle Construction LLC dba Doolittle Road Construction, a California LLC. (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Contract Documents for the project entitled Street Rejuvenation and Slurry Seal 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

-3-
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.

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(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

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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

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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

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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 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 or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of Two Hundred Thirty-Two Thousand dollars and Zero cents ($232,000.00) (“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.

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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 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.

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ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

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

3.2 Force Majeure.

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

3.3 Liquidated Damages.

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

3.4 Inspection and Final Acceptance.

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

ARTICLE 4. COORDINATION OF WORK

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4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.

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

4.2 Status of Contractor.

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

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

4.3 Project Manager.

The “Project Manager” for the City shall be the 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

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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 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

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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.

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 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.

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(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. (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) 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. (n) 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.
(o) 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,

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and that involve or may involve coverage under any of the required liability policies. (p) 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 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:

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(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”).

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.

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.

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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 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

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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 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

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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.

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

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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.
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

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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 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

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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 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.

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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.

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

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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, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “non-interests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third Party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third Party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

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

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year 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:

DOOLITTLE ROAD 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.

PAGE LEFT BLANK INTENTIONALLY

EXHIBIT A
CONTRACTOR’S BID

EXHIBIT B

SPECIAL REQUIREMENTS

PERFORMANCE BOND
WHEREAS, the CITY OF MCFARLAND, (“City”), has awarded to Doolittle Road Construction, as Contractor (“Principal”), a Contract for the work entitled and described as follows:

Street Rejuvenation and Slurry Seal Various Locations;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Two Hundred Thirty-Two Thousand dollars and Zero cents ($232,000.00) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed on , 2026 PRINCIPAL
By:
(Seal Of Corporation) Name:

Title:
(Attach Acknowledgment of Authorized Representative of Principal)

Any claims under this bond may be addressed to:

Name and address of Surety:

Name and address of Surety's agent for service of process in California, if different from above:

Telephone number of Surety’s Agent in California:
(Attach Acknowledgment)
SURETY
By:
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF MCFARLAND, (“City”), has awarded to Doolittle Road Construction, as Contractor (“Principal”), a Contract for the work entitled and described as follows:

Street Rejuvenation and Slurry Seal Various Locations;
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of Two Hundred Thirty-Two Thousand dollars and Zero cents ($232,000.00) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder. ///
///
///

Executed on , 2026 PRINCIPAL
By:
(Seal Of Corporation) Name:

Title:
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:

Name and address of Surety:

Name and address of Surety's agent for service of process in California, if different from above:

Telephone number of Surety’s Agent in California:
(Attach Acknowledgment)
SURETY
By:
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of McFarland
Project: Street Rejuvenation and Slurry Seal Various Locations Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect prior to any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation: Statutory Limits Under
the Laws of the State of California
Employers' Liability:
$ Each Accident
$ Disease - Policy Limit
$ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By:
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

98 GUARANTEE
CITY OF McFARLAND, Department of Public Works, McFarland, California:

In accordance with the terms of the Contract for the ,
between the City of McFarland (hereinafter referred to as City), and the undersigned which Contract provides for the installation of improvements per the plans and specifications for the above referenced project.

When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials and we agree to repair and/or replace at our own cost and expense, any and all such work and/or materials which may prove defective in workmanship or materials within a period of one year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace at our own cost and expense any work and/or materials that we may disturb or displace in making good suchdefects.

Within twenty-four (24) hours after being notified in writing by the City or the City's representative, or the agent of either of them of any defects in said work or materials we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time and in the event of our failure to so comply we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them to proceed to have such work done at our expense and we will honor and pay the cost and charges therefore upon demand.

This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative and shall be enforceable by either of them.

Signature Date:

Printed Name / Title
Company
Contractor’s License Number / Expiration Date

CERTIFICATE OF ACKNOWLEDGEMENT
State of California
City/County of SS
On this day of in the year 20 before me
, personally appeared ,
Attorney-in-fact
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney-in-fact of , and acknowledged to me that he (she) subscribed the name of the said company thereto as surety, and his (her) own name as attorney-in-fact. (SEAL)
Notary Public

100
GENERAL LIABILITY SPECIAL ENDORSEMENT (Exhibit 1)
GENERAL LIABILITY SPECIAL ENDORSEMENT Endorsement No. Effective:

PRODUCER POLICY INFORMATION:

Insurance Company:

Policy Number:

Policy Period:

Telephone:
 Deductible  Self-Insured (check which) of $
NAMED INSURED: APPLICABILITY. This insurance pertains to the operation and/or tenancy of the named insured under all written agreements and permits in force with the City checked here  in which case, only the following specific agreements and permits with the City are covered:

ENTITY AGREEMENTS/PERMITS

TYPE OF INSURANCE
 Commercial General Policy
 Business General Policy
 Other
OTHER PROVISIONS:

LIMIT OF LIABILITY
$ per accident for bodily injury and property

LOSS ADJUSTMENT EXPENSE
 Included in limits  In Addition to limits
Claims: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone:

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows:

1. INSURED. The City, its officers, officials, employees, consultants and volunteers are included as insured.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy (a) be primary insurance as respects the City, its officers, officials, employees, consultants and volunteers; or (b) stand in an unbroken chain of coverage excess of Insured’s primary coverage. Any insurance or self-insurance maintained by the City, its offices, officials, employees, and volunteers shall be excess of the Insured’s insurance and not contribute with it.

3. CANCELLATION NOTICE. The Company will give at least ten (10) days’ written notice to the City prior to cancellation of this policy for nonpayment of premium and thirty (30) days’ written notice to the City prior to cancellation of this policy for any other reason.

4. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001 (Ed.11/88); or (2) If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above, nothing herein shall be held to waive, alter, or extend any of the limits, conditions, agreements, or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
ENTITY
City of McFarland
401 West Kern Ave.

McFarland, CA 93250

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that
I have authority to bind the above mentioned insurance company and by my signature heron do so bind this company to this endorsement.

Signature:
(original signature required)
Telephone: Date Signed:

101
COMMERCIAL GENERAL LIABILITY INSURANCE (Exhibit 1-A)
INSURER:

POLICY NUMBER:

INSURANCE COMPANY:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. --ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS-- This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART.

SCHEDULE
Name of Organization
(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement).

WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.

Modifications to ISO form CG 20 10 11 85:

1. The insured scheduled above includes the Insured's officers, officials, employees and volunteers.

2. This insurance shall be primary as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it.

3. The insurance afforded by this policy shall not be canceled except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the City.

Signature - Authorized Representative
Address
CG 20 10 11 85 Insurance Services Office, Inc. Form (Modified)

101
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT (Exhibit 2)
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT Endorsement No. Effective:

PRODUCER
Telephone:

POLICY INFORMATION:

Insurance Company:

Policy Number:

Policy Period:
 Deductible  Self-Insured (check which) of $
NAMED INSURED: APPLICABILITY. This insurance pertains to the operations of automobiles owned by or on behalf of the named insured under all written agreements and permits in force with the City checked here  in which case, only the following specific agreements and permits with the City are covered:

ENTITY AGREEMENTS/PERMITS

TYPE OF INSURANCE
 Business General Policy
 Other
OTHER PROVISIONS:

LIMIT OF LIABILITY
$ per accident for bodily injury and property

LOSS ADJUSTMENT EXPENSE
 Included in limits  In Addition to limits
Claims: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone:

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows:

1. INSURED. The City, its officers, officials, employees, and volunteers are included as insured with regard to damages and defense of claims arising from the ownership, operation, maintenance, use loading or unloading of any auto owned, leased, hired, or borrowed by the Named insured, or for which the Named Insured is responsible.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City, the insurance afforded by this policy shall (a) be primary insurance as respects the City, its officers, officials, employees, consultants and volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured's primary coverage. Any insurance or self-insurance maintained by the City, its officers, officials, employees, consultants and volunteers shall be excess of the Named Insured's insurance and not contribute with it.

3. CANCELLATION NOTICE. The Company will give at least ten (10) days’ written notice to the City prior to cancellation of this policy for nonpayment of premium and thirty (30) days’ written notice to the City prior to cancellation of this policy for any other reason.

4. SCOPE OF COVERAGE. This policy, if primary, affords coverage at lease as broad as:
(1) If primary, Insurance Services Office form number CA0001 (Ed.6/92), Code 1 ("any auto"); or (2) If excess, affords coverage which is at lease as broad as the primary insurance forms referenced in the preceding section (1).

Except as stated above, nothing herein shall be held to waive, alter, or extend any of the limits, conditions, agreements, or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
ENTITY
City of McFarland
401 West Kern Ave.

McFarland, CA 93250

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that
I have authority to bind the above mentioned insurance company and by my signature heron do so bind this company to this endorsement.

Signature:
(original signature required)
Telephone: Date Signed:

101
WORKERS COMPENSATION AND EMPLOYER’S LIABILITY (Exhibit 3) WORKERS COMPENSATION AND EMPLOYER’S LIABILITY
FOR THE CITY OF McFARLAND Endorsement No.

Effective Date
PRODUCER POLICY INFORMATION: This special endorsement is attached to and forms a part of the following insurance policy.

Insurance Company:

Policy Number:

Telephone:

Policy Period:

NAMED INSURED OTHER PROVISIONS
Claims: Underwriter’s representative for claims pursuant to this insurance.

EMPLOYERS LIABILITY LIMITS
$ Each Accident
Name:
$ Disease - Policy Limit
Address:
$ Disease - Each Employee
Telephone:

In consideration of the premium charged and not withstanding any inconsistent statement in the policy to which this endorsement is attached of any endorsement now or hereafter attached thereto, it is agreed as follows:

1. CANCELLATION NOTICE. The Company will give at least ten (10) days’ written notice to the City prior to cancellation of this policy for nonpayment of premium and thirty (30) days’ written notice to the City prior to cancellation of this policy for any other reason.

2. WAIVER OF SUBROGATION. This Insurance Company agrees to waive all rights of subrogation against the City, its officers, officials, employees, consultants and volunteers for losses paid under the terms of this policy which arise from the work performed by the Named Insured for the City.

Except as stated above, nothing herein shall be held to waive, alter, or extend any of the limits, conditions, agreements, or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
ENTITY
City of McFarland
401 West Kern Ave.

McFarland, CA 93250

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that
I have authority to bind the above mentioned insurance company and by my signature heron do so bind this company to this endorsement.

Signature:
(original signature required)
Telephone: Date Signed:

101
CERTIFICATE OF INSURANCE (Exhibit 4)
CERTIFICATE OF INSURANCE Issue Date:

PRODUCER This certificate of insurance is not an insurance policy and does not amend extend or alter the coverage afforded by the polices below.

Companies Best’s Rating
Company
Letter A
Company
Letter B
Company
Letter C

INSURED
This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be used or may be issued or may pertain. The insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, limits shown may have been reduced by paid claims.

CO
LTR
Type of Insurance Policy Number Policy Effective
date (mm/dd/yy)
Policy Expiration
Date (mm/dd/yy)
All units in thousands
General Liability
˜ Commercial General
Liability
˜ Claims Made ˜ Occur.
˜ Owners & Contractor’s
˜ Other
General Aggregate $
Products-Comp/Op Agg $
Personal & Adv. Injury $
Each Occurrence $
Fire Damage (any one fire) $
Med. Exp. (any one person) $
Automobile Liability
˜ Any Auto
˜ All OwnedAutos
˜ ScheduledAutos
˜ Hired Autos
˜ Non-Owned Autos
˜ Garage Utility
Combined Single Limit $
Bodily Injury (per person) $
Bodily Injury (per accident) $
Property Damage $
Excess Liability
˜ UmbrellaForm
˜ Other Than Umbrella
Each Occurrence $
Aggregate $
Worker’s Compensation
and
Employer’s Liability
Statutory $
Each Accident $
Disease Policy Limit $
Disease Each Employee $
Other Amount of Insurance $
Description of operations/locations/vehicles/restrictions/special items:

THE FOLLOWING PROVISIONS APPLY:

1. CANCELLATION NOTICE. The Company will give at least ten (10) days’ written notice to the City prior to cancellation of this policy for nonpayment of premium and thirty (30) days’ written notice to the City prior to cancellation of this policy for any other reason.

2. The City, its officials, officers, employees, consultants and volunteers are added as insured on all liability insurance policies listed above.

3. It is agreed that any insurance or self-insurance maintained by the City will apply in excess of and not contribute with the insurance described above.

4. The City is named a loss payee on the property insurance policies described above, if any.

5. All rights of subrogation under the property insurance policy listed above have been waived against the City.

6. The workers’ compensation insurer named above, if any, agrees to waive all rights of subrogation against the City for injuries to employees of the insured resulting from work for the City or use of the City’s premises or facilities.

CERTIFICATE HOLDER/ADDITIONAL INSURED:

City of McFarland
401 West Kern Ave.

McFarland, CA 93250

AUTHORIZED REPRESENTATIVE
Signature
Title
Phone No.

105
INSURANCE REQUIREMENTS FOR CONTRACTORS (Exhibit 6)
(with Construction Risks)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01 11 88).

2. Insurance Services Office form number CA 00 01 06 92 covering Automobile Liability, code 1 (any auto).

3. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for all risks of loss.

Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence and $2,000,000 aggregate bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000.00 per accident for bodily injury or disease.

4. Course of Construction: Completed value of the project.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as insured’s with respect to liability arising out of automobiles owned, lease, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, it officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. CANCELLATION NOTICE. The Company will give at least ten (10) days’ written notice to the City prior to cancellation of this policy for nonpayment of premium and thirty (30) days’ written notice to the City prior to cancellation of this policy for any other reason.

Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: - VII.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all the requirements stated herein.

105
UNDERWRITER/BROKER CERTIFICATION (Exhibit 11)
City:

City project identification:

Contractor providing contractual services:

Insurer(s):

Best rating(s):

Name and title of underwriter, broker, or agent completing certification:

I, the undersigned insurance underwriter, insurance broker, or agent do hereby certify that I have examined the insurance requirements prepared by the City for the above referenced project and have attached herewith certificates of insurance and all endorsements specified in the insurance requirements on forms provided by the City.

I further certify that the coverage’s provided to the Contractor and described in the certificates of insurance conform in all respects to the requirements set forth in the insurance requirements, including, but not limited to the following considerations:

1. The scope of insurance is at least as broad as the minimum requirements identified in the insurance requirements;

2. The minimum occurrence limits and aggregate limits of insurance are consistent with those set forth in the insurance requirements;

3. All deductibles and/or self-insured retentions have been declared;

4. All required endorsements identified in the insurance requirements have been provided and copies have been attached to the appropriate certificate of insurance;

5. All policies of insurance have been placed with insurers with a current rating from the A.M. Best Company of not less than A:
-VII;

6. All endorsements have been signed by a person authorized by the insurer to bind coverage on its behalf.

The coverage’s provided to the Contractor do not conform in all respects to the requirements set forth in the insurance requirements. An explanation of each and every variance from the requirements and an evaluation of the relative risk exposures and protections to the City and the Contractor are attached.

I understand that the City will not authorize the Contractor to initiate work on behalf of the City until this certification has been fully executed and returned to the City.

Signature
Date
Name of Company
Business Address and Phone Number

City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 2

TABLE OF CONTENTS

GENERAL PROVISIONS

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

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

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

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

City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 3
5-12 OBSERVATION OF WORK BY CITY'S REPRESENTATIVE 17
5-13 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK 17
5-14 ONE-YEAR GUARANTEE 17
6 PROSECUTION AND PROGRESS 19
6-1 SUBCONTRACTING 19
6-2 ASSIGNMENT 19
6-3 CONTRACTOR'S CONSTRUCTION SCHEDULE AND COST 19

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

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STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 4
8-2 WORKERS' COMPENSATION AND EMPLOYERS'

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

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

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

City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 5

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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SUBCONTRACTOR - An individual, partnership, corporation, joint venture, or other combination thereof who has a contract with the Contractor to perform any of the work at the site.

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

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

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

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

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

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

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

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

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

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

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

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STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 8
result of the Contractor's failure to enter into the contract or to furnish the required bonds or substitutes, or insurance certificates and endorsements.

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

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

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

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

City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 9
the work at his bid price, and that he has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities,and scope of the work.

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

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

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

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

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

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

STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 10 SECTION 3 AWARD AND EXECUTION OF CONTRACT
3-1 AWARD OF CONTRACT OR REJECTION OF BIDS
The award of the contract, if it be awarded, will be to the lowest responsible responsive bidder complying with the instructions contained in the Contract Documents. The City, however, reserves the right to select the schedules under which the bids are to be compared, to reject any and all bids, and to waive any irregularity in bids received. Award of contract will be based upon all work contemplated in the Base bid. After awarded by the City selection of alternate bids maybe added.

If, in the judgment of the City, a bid is unbalanced or if the bidder is not responsible, it shall be considered sufficient grounds for rejection of the entire bid.

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

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

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

City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 11
of certificate of insurance and endorsement which the successful bidder, as Contractor, will be required to furnish are included as a part of the Contract Documents. 3-5 FAILURE TO EXECUTE CONTRACT
Failure by a bidder to whom the contract is awarded to execute the contract or to furnish the required bonds or insurance certificates and endorsements shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 14 If specific lines, grades, and dimensions are not shown on plans, those furnished by the City’s Representative shall govern.
5-4 MANUFACTURER'S INSTRUCTIONS
All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the Contract Documents. 5-5 COORDINATION OF PLANS AND SPECIFICATIONS
The specifications, plans, and other contract documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for the complete work. In the event of an apparent difference between plans and specifications, reference shall be made to the City’s Representative whose decision thereon shall be final.

Special Provisions shall govern over General Provisions and Standard Specifications. 5-6 INTERPRETATION OF PLANS AND SPECIFICATIONS
Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts that are shown or specified.

Large-scale details shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials and workmanship. Drawings and specifications are intended to be fully complementary and to agree. The specification calling for the higher quality material or workmanship shall prevail. Materials or work described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards. In the event of any discrepancy between any drawings and the figures thereon, the figures shall be taken as correct. In the event of any doubt or question arising respecting the true meaning of the plans or specifications, reference shall be made to the City’s Representative whose decision thereon shall be final.
5-7 ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR
It is the duty of the Contractor to promptly notify the City’s Representative in writing of any design, materials, or specified method that the Contractor believes may prove defective or insufficient. If the Contractor believes that a defect or insufficiency exists in design, materials,or specified method and fails to promptly notify the City’s Representative in writing of this belief, the Contractor waives any right to assert that defect or insufficiency in design, materials, or specified method at any later date in any legal or equitable proceeding against City, or in any subsequent arbitration or settlement conference between the City and the Contractor. The City’s Representative, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after he comes to the belief that a defect or insufficiency exists in design, materials, or specified method which is directly or indirectly affected by such alleged defect or insufficiency in design, materials, or specified method will be at his own risk and he shall bear all cost arising therefrom.

If the Contractor, either before commencing work or in the course of the work, finds any discrepancy between the specifications and the plans or between either of them and the physical conditions at the site of the work or finds any error or omission in any of the plans or in any survey, City of McFarland

General Provisions - 15
he shall promptly notify the City’s Representative of such discrepancy, error, or omission. If the Contractor observes that any plans or specifications are at variance with any applicable law, ordinance, regulation, order, or decree, he shall promptly notify the City’s Representative in writing of such conflict. The City’s Representative, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor after his discovery of such error, discrepancy, or conflict which is directly or indirectly affected by such error, discrepancy, or conflict will be at his own risk and he shall bear all cost arising therefrom. 5-8 SUPERVISION AND SUPERINTENDENCE
The Contractor shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but the Contractor shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents except as otherwise provided in the article on ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR.

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

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

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

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

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

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STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 16 Shop Drawings shall be complete in all respects. If the Shop Drawings show any deviations from the requirements of the plans and specifications because of standard shop practices or other reasons, the deviations and the reasons therefor shall be set forth in the letter of transmittal.

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

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

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

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

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

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

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of the City’s Representative is the substantial equal or better in every respect. In the event that the Contractor furnishes material, process, or article more expensive than specified, the difference in cost of such material, process, or article so furnished shall be borne by the Contractor.

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

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

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

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

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

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

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

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

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

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

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

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

This article does not in any way limit the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a guarantee for a longer period. The Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantee or warranty certificates upon completion of the project.

No guarantee period, whether provided for in this article or elsewhere, shall in any way

STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 19 limit the liability of Contractor or his sureties or insurers under the indemnity or insurance provisions of these General Provisions.

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

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

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

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

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

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

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

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

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

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

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

Requests for an extension of time must be delivered to the City's Representative within ten consecutive calendar days following the date of the occurrence which caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the

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occurrence causing the delay, and the amount of additional time requested. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor which would support the extension of time requested. Requests for extensions oftime failing to include the information specified in this article and requests for extensions of time which are not received within the time specified above shall result in the forfeiture of the Contractor's right to receive any extension of time requested.

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

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

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

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

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

SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES
7-1 OBSERVING LAWS AND ORDINANCES
The Contractor shall keep himself fully informed of all laws, ordinances, and regulations which in any manner affect those engaged or employed in the work or the materials used in the work or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the plans, specifications, or contract for the work in relation to any such law,

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ordinance, regulation, order, or decree, he shall forthwith report the same to the City's Representative in writing and cease operations on that part of the work until the City's Representative has given him appropriate instructions as provided for in the article on ERRORS OR DISCREPANCIES NOTED BY CONTRACTOR.

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

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

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

The Contractor shall provide and maintain such fences, barriers, directional signs, lights, and flagmen as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the construction work and to give directions to the public.
7-5 RESPONSIBILITY FOR LOSS, DAMAGE, OR INJURIES
The Contractor shall be responsible for all claims, demands, or liability from any cause arising out of or resulting from or in connection with the performance of the work, excepting only those as

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may be caused solely and exclusively by the fault or negligence of the City, the Engineer/Architect, the City's Representative, or their consultants, or their directors, officers, employees, and agents.

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

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

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

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

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

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

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entered upon the work or as good as required by the plans and specifications if any such objects are a part of the work being performed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 26 Nothing in this section is intended to relieve the Contractor of his responsibility to carefully examine the Contract Documents and the site where the work is to be performed in accordance with Section 2-8 of the General Conditions; to familiarize himself with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may affect the performance of any work; to study all surveys and investigation reports about subsurface and latent physical conditions pertaining to the jobsite; to perform such additional surveys and investigations as the Contractor deems necessary to complete the work at his bid price; and to correlate the results of all such data with the requirements of the Contract Documents.

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

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

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

City of McFarland
STREET REJUVENATION AND SLURRY SEAL - Various Locations General Provisions - 27
any act or omission (active, passive, or comparative negligence included, excepting the active negligence of the City), of a party indemnified hereunder.

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

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

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

Pursuant to Labor Code Section 1775, to the extent there is insufficient money due a Contractor to cover all penalties forfeited and amounts due, the Division of Labor Standards Enforcement shall be notified of the violation and the Division of Labor Standards Enforcement