McFarland City Council
June 10, 2026

6 Preamble
The California Office of Planning and Research (OPR) issued the CEQA Technical Advice Series (OPR, December 2004 Edition) to clarify aspects of the California Environmental Quality Act. According to the Technical Advice:

CEQA Guidelines § 15152 and § 21083.3 of the Public Resources Code allow a Negative Declaration to be adopted when an EIR has previously been prepared for a program, policy, plan or ordinance. The later project must be consistent with that program or other action and must not result in any significant effects which were not examined in that previous EIR. In order to tier from an EIR, the later project must be consistent with the general plan and zoning of the applicable city or county.

In preparation for the adoption of the 2040 McFarland General Plan, The City of McFarland prepared a Draft Program EIR, filed it with the State Clearinghouse, received comments, addressed the comments, and filed a Final EIR. The 2040 General Plan is separated into thematic elements. All elements must be consistent with each other. Seven elements are required for all General Plans in California, with two further elements required for communities meeting certain criteria that exist in McFarland. Optional elements may also be included and carry the same legal force and status as the required elements. The General Plan includes five optional elements. The fourteen elements are:
• Required: Land Use, Circulation, Housing, Safety, Conservation, Open Space, and Noise • Required in San Joaquin Valley Air Pollution Control District: Air Quality • Required in Disadvantaged Communities: Environmental Justice • Optional: Economic Development, Health, Community Design, Public Facilities, and Sustainable Agriculture
This project involves a general plan amendment and annexation into City limits of two adjacent parcels to the immediate north of Elmo Highway, between Garzoli Avenue on its west and Davis Avenue on its east. The development application for Annexation #21 involves the parcels hitherto identified as 060- 030-08 (with Jose Alberto Duran listed as owner) and 060-030-12 (with AMM Properties LLC as listed owner). The parcels lay right outside the City limits, but within McFarland’s sphere of influence (SOI).

The initial development proposal is to pre-zone the adjacent parcels totaling 124.26 acres of vacant land via the annexation application to C-2 (which includes a wide array of permitted land uses).

Consistent with the Technical Advice, this Initial Study & Negative Declaration tiers upon the Program EIR of the General Plan. Annexation Area #21 is under temporary agricultural use within the City’s SOI, pending future need to expand the physical development envelope of the City. Its pre-zoning proposal is consistent with the General Plan and it contains no new proposals which would result in any significant effects that were not examined in the General Plan EIR.

Both the 2040 General Plan and the Final General Plan EIR are available to the General Public. The electronic copies of the documents are accessible at the City’s website: www.mcfarlandcity.org; hard copies are available at City Hall.

City of McFarland
401 West Kern Ave.

McFarland, CA 93250

7 Summary of Project Information
Project Title General Plan Amendment and Annexation #21, North McFarland Lead Agency City of McFarland
401 West Kern Ave.

McFarland, CA 93250
Contact Person & Phone Megan Snyder, Community Development Director 661-792-3091
[email protected]
Project Location Parcels 060-030-08 & 060-030-12 property north of Elmo Hwy., McFarland. Garzoli Avenue demarcates its western boundary and Davis Avenue demarcates its eastern boundary.

Applicant Benjamin Marin
General Plan Designation Agricultural use (temporary)
Zoning Pre-zoning for C-2 (which permits a wide array of uses) Surrounding Land Use Residential and commercial (to the south); Agriculture (to the north); other existing developments (to the west and east) Description of Project General Plan Amendment and Annexation of Parcels 060-030-08 & 060-030-12 in North McFarland into City limits and conversion of the approximately 126-acre property into a C-2 district, which permits a wide array of land uses.

Other Approving Agencies Kern County LAFCO
Native American Consultation With assistance from the Native American Heritage Commission, the City identified and contacted nineteen Native American Tribes in 2021 during preparation of the Program EIR on the 2040 McFarland General Plan. Responses indicate the project area (consisting of the City of McFarland and its sphere of influence) is outside ancestral homes for which the Tribes did not request consultation.

Other Information Consistent with the CEQA Technical Advice (OPR, December 2004 Edition), this Initial Study & Negative Declaration tiers upon the Program EIR of the 2040 McFarland General Plan.

Compatibility of Project The annexation of the area, which is contiguous to the City, and the potential mixture of land uses are consistent with the vision and policies of the 2040 McFarland General Plan.

8 1.0 Project Information

1.1. Project: General Plan Amendment and Annexation #21, North McFarland

1.2. Lead Agency: City of McFarland, 401 West Kern Ave. McFarland, CA 93250

1.3. Contact Person & Phone: Megan Snyder, Community Development Director, 661-792-3091. [email protected].

1.4. Project Location: Within City of McFarland, comprising parcels 060-030-08 & 060-030-12 north of Elmo Hwy., McFarland. Streets that demarcate the boundaries of the project area include Elmo Hwy on the south, Garzoli Ave on the west, and Davis Avenue on the east. Davis Avenue is a western frontage road that is adjacent to SR 99.

1.5. Applicant: Benjamin Marin

1.6. General Plan Designation: Agricultural use (temporary)

1.7. Zoning: Pre-zoning for C-2 (which permits a wide array of uses)

1.8. Project Location And Setting

1.8.1 The City of McFarland
The City of McFarland sits in the northern section of Kern County within California’s Central Valley.

Figure 1 displays the location of McFarland in relation to the State of California and Kern County. The City is located along Highway 99, approximately 25 miles north of Bakersfield and approximately seven miles south of Delano. McFarland’s 2022 boundaries encompass approximately three-square miles of land consisting of mostly residential, institutional, and agricultural uses. McFarland’s Sphere of Influence and the surrounding area are primarily under agricultural use. Figure 2 displays the proposed land uses in the 2040 McFarland General Plan.

9 Figure 1: Location of McFarland within California and Kern County

10 Figure 2: Proposed Land Use in the 2040 McFarland General Plan

11 1.8.2 Annexation #21 Project Location
The proposed Annexation #21 area covers two contiguous parcels (060-030-08 & 060-030-12) north of Elmo Hwy., McFarland. Elmo Hwy marks the boundary of the area on the south, with Garzoli Ave on the west, and Davis Avenue on the east. Davis Avenue is a western frontage road that is adjacent to SR 99.

The project area is right outside the City limits, but within McFarland’s sphere of influence. Figure 3 (also showing as Appendix A) identifies the location of the annexation area on the northern edge of the City.

Figure 4 identifies land use proposals under the General Plan within the Residential Development Plan area. The General Plan designates one of the parcels for temporary agricultural use pending future need to expand the City limits into that part of its sphere of influence as Figure 4 and Figure 2 show. Figure 2 also shows a complete legend for land use designations under the General Plan.

Figure 3: Location of Annexation #21 Area in McFarland
Figure 4: Proposed General Plan Land Use in Annexation #21 Area

12 1.9. Project Description

1.9.1 Annexation #21: Multi-Use Development Plan Proposal The project involves a general plan amendment and annexation into City limits of contiguous parcels 060- 030-08 & 060-030-12 in North McFarland. The development proposal is to consolidate the two parcels (outlined in Figure 3 and Figure 4) into a Multi-Use Development Plan area with a wide array of permitted land uses under the C-2 designation. Figure 4 shows that portions of the southern and eastern boundaries of Annexation #21 area adjoin McFarland City limits. Appendix B is an aerial view depicting existing uses of land in the vicinity of the project area.

1.9.2 Annexation #21: Parcels and Land Use Designations Figure 5 is a copy of the Assessor’s Map for the parcels that constitute the Annexation #21 area. Figure 6 confirms that the parcels are not under Williamson Act contract. Their use for agriculture was therefore temporary, pending the expansion of the City into those parcels intended for future urban development.

Figure 7 reveals further that the parcels were not designated prime farmland, unique farmland, or farmland of statewide importance.

The proposed project area covers approximately 124.26 gross acres. Table 1 is the list of Assessor’s parcels within the proposed annexation area. The table also shows the original (temporary) land use designations and the modified land uses under pre-zoning of parcels 060-030-08 & 060-030-12. Overall, there is good consistency in land use designations between the original (which was only temporary) and modified uses on the parcels. The most noticeable change is the conversion of future urban land under temporary agricultural use into urban land under the C-2 zoning designation.

The designation, C-2, refers to a “Commercial Zone”, but the municipal code also permits a mixture of uses with multi-family residential at 16 to 24 dwelling units per acre in such zones. Chapter 17 of the McFarland Municipal Code identifies a wide array of permitted land uses in C-2 zoning districts (17.80.020) as follows:

A. Any use permitted in the C-0 and C-1 zones, which include versions of the land use categories listed next in item B of this list.

B. Many subcategories of the following land use categories:

1. Residential uses (including community care facility; condominium; duplex; emergency shelter; fraternity or sorority house; residential hotel).

2. Recreation, Entertainment, and Tourist Facilities

3. Commercial uses

4. Institutional uses

5. Miscellaneous uses (which include day-care, storage, and parking, among others).

C. Accessory buildings
D. Emergency shelters.

Appendix C has additional details covering the list of uses permitted under the C-0, C-1, and C-2 districts.

13 Table 1: List of Parcels with Modified Land Uses and Sizes in Annexation #21 Area Assessor's
Parcel Number
(APN)
Acreage General Plan Land Use
Designation [Temporary]
General Plan Land Use
Designation [Amended
for Annexation #21]
PreZoning
060-030-08

39.09 Agriculture General Commercial C-2
060-030-12

84.26 Agriculture General Commercial C-2
Total

123.35 Acreage includes future internal road rights-of-way Boundary Roads

0.96 Acreage of adjoining boundary road right-of-way (Davis Ave.) Grand Total

124.26 Acreage includes adjoining boundary road right-of-way Figure 5: Assessor’s Parcels in Annexation #21 Area
Source: Kern County GIS
Annexation #21 Area

14 Figure 6: Williamson Act Lands within and around McFarland’s Sphere of Influence Source: Kern County GIS
Annexation #21 Area

15 Figure 7: Types of Farmland in McFarland's Sphere of Influence Source: Kern County GIS
Annexation #21 Area
0 0
0 0

16 1.9.3 Annexation #21: Distribution of Land Uses
The proposed project is envisioned to be developed within one of the flexible zoning districts defined in the City’s Municipal Code. It is anticipated that multiple forms of housing that can meet the needs of households within a range of income groups, a variety of commercial retail, office, and ancillary uses, as well as recreational and entertainment activities may be implemented to be consistent with the provisions of the Municipal Code. However, the exact combination of uses and sizes are to be determined in the future. The pre-zoning has assigned to the parcels McFarland’s zoning designations that would become applicable following annexation of the area. This is consistent with the Cortese-Knox-Hertzberg Act (Gov’t Code Sections 5600 et seq.), which requires that parcels proposed for annexation are “pre-zoned” prior to annexation.

1.9.4 Compatibility of Proposed Land Uses in Annexation #21 Area with McFarland General Plan The vision for the proposed development in Annexation #21 Area (which its pre-zoning reflects) will be compatible with the residential and commercial land uses within the part of the city limit that the proposed development project area adjoins. The following are noteworthy:
• Annexation #21 will adjoin existing City boundary thereby avoiding leap-frog development. • The development site is contiguous with the built-up area of North McFarland. This would limit travel distances for residents between the proposed development and other destinations in the City thereby limiting environmental impacts in the form of energy consumption and pollution related to travel.

Review for intended vs. historic use of land reveal the following:
• Agricultural lands in McFarland are important in that they provide commodities that generate local jobs and income, contribute to the local character of the City, and create habitat for wildlife. McFarland recognizes the economic and cultural importance of agriculture for the community and continues to actively preserve and protect farmland, particularly Williamson Act Parcels.
• Parcels in the Annexation #21 area have in recent years been partially under temporary agricultural use and adjoin other parcels that accommodate housing and other structures related to farming activities. However, the parcels were neither under Williamson Act contract, as Figure 6 shows, nor are they designated prime farmland, unique farmland, or farmland of statewide importance as Figure 7 shows. Consequently, Annexation #21 parcels have prior intended use for urban development as are other parcels in its immediate vicinity. Therefore, conversion of the parcels to urban uses is consistent with the long-term intent for use of the land to accommodate the needs of a growing population thereby also contributing potentially to alleviating the acute housing shortage in the State.

Reviews for compatibility with the McFarland General Plan reveal the following:
• Annexation #21 adjoins a residential area according to the Land Use Map of the 2040 General Plan. Refer to Figure 2 for the citywide land use map and Figure 4 for a close-up of project area

17 land use designations under the General Plan. The group of parcels being converted into a Residential Development Plan (Parcels 060-030-08 & 060-030-12), are to accommodate a variety of uses including residential, commercial, and community uses in addition to an internal network of roads. Development review in the future would assure that land uses would be compatible with each other.
• Annexation #21 Area is wholly outside the 2022 City limits but is within McFarland’s sphere of influence. Refer to Figure 2 and Figure 4. This would require modification to the boundaries of the City limits via the proposed annexation process.
• Since the project area falls within a section of the City’s sphere of influence that already has similar and compatible land use designations, the EIR for the 2040 General Plan covers the area of proposed development.
o The development proposal would, however, trigger a need for change to area land use in the General Plan to the appropriate, compatible land uses. o The circumstances qualify for tiering the environmental documentation for the annexation off the General Plan EIR for a Negative Declaration for the proposed development.
• The primary land uses intended under the project area’s pre-zoning are consistent with the 2040 McFarland General Plan. Specifically, they are directly compatible with or offer the potential to meet the following policies among others:
o Policy HO 1.3.1: Accommodate the City’s housing need over the life of the General Plan.
o Policy HO 1.3.3: Locate new residential developments near amenities such as grocery stores, public parks, and schools.
o Policy HO 2.2.2: Provide housing alternatives to community residents. o Policy HO 3.1.1: Increase affordable housing production. o Policy LU 1.1.1: Expand the range of allowable housing types and areas in which they may be built.
o Program LU 1.2.2.1: Establish strategic mixed-use nodes of commercial and office uses to serve nearby neighborhoods (along Elmo Highway). o Policy LU 1.4.1: Preserve open space in new residential developments. o Policy LU 2.1.2: Prohibit leapfrog development.
o Objective CIR 1.5: Provide a supportive environment for active transportation users. o Objective CIR 2.2: Improve connections and accessibility for all modes of transportation including walking, bicycling, and public transit. o Policy CIR 2.2.2: Improve accessibility for all ages and needs. o Objective CIR 3.1: Reduce Vehicle Miles Traveled (VMT). o Objective CIR 3.2: Increase pedestrian and bicycle mode share. o Policy HTH 2.1.1: Promote alternative modes of transportation for short distance trips.
o Policy OS 1.1.1: Provide park spaces within a quarter mile of residential neighborhoods.
o Policy OS 1.2.1: Enhance pedestrian and vehicular access to open space.

18 o Policy EJ 1.1.1: Address air pollution and its sources. o Objective 3.2: Link parks, schools, and other public facilities citywide. o Policy EJ 4.1.1: Promote physically active lifestyles.

1.9.5 Modifications to City Boundary and Land Uses in Annexation #21 Area Figure 8 shows the General Plan Land Use Map with two sets of modifications: (a) to City boundaries on the north side to include Annexation #21 Area; and (b) for potential land use designations (tentatively captured as “mixed-use” as a surrogate for the potential future mixture of uses) on affected parcels.

Table 1 identified the key changes to land uses from the original land use map. The following are noteworthy from that table and the modified land use map for the General Plan:
• The parcels of the annexation area were previously under agricultural use. They are modified to tentatively capture the potential mixture of uses.
• Upon the amendment to the General Plan and annexation, the new City boundary would wrap around the Annexation #21 parcels as Figure 8 depicts.

19 Figure 8: Modified McFarland City Boundary and Land Use on General Plan Land Use Map

Modified City Boundary for Annexation #19 Area
Modified City Boundary for Annexation #20 Area
Modified City Boundary for Annexation #21 Area

20 1.10. Other Required Agency Approvals
Externally, the City will consult with Kern County LAFCO for approval. Besides LAFCO, no other external agency is required to approve the annexation project.

Internally, pertinent departments of the McFarland city government will conduct reviews of the application in accordance with established procedures of the City and make recommendations to the Planning Commission. Ultimately, the City Council will act with consideration of input from the Planning Commission in giving authorization to initiate annexation.

1.11. Native American Consultation
Consistent with regulations of the State of California (e.g., SB 18, AB 52, et al), the project team initiated consultation with Native American Tribes likely to be traditionally and culturally affiliated with the project area as part of the General Plan EIR process. With assistance from the Native American Heritage Commission, the project team identified nineteen Native American Tribes and contacted each via a letter in 2021. The Appendix to section 1.6 of the Final Program EIR on the 2040 McFarland General Plan includes a list of Tribes contacted and responses received, if any, as well as copies of the letters sent to the Tribes. Overall, responses indicate the project area is outside ancestral homes for which the Tribes did not request consultation.

1.12. Summary Of Environmental Factors Potentially Affected In accordance with Section 15125 of the CEQA Guidelines, the Program EIR on the 2040 McFarland General Plan analyzed the programmatic and cumulative environmental impacts that would possibly result from the adoption of the 2040 McFarland General Plan, which includes the long-term vision, policies, and programs for housing. This section identifies the required topics of discussion. Subsections of the next section summarize the respective impacts of the proposed Plan under these topics. Specific environmental conditions relate to individual topics and detailed discussion of impacts are available in sections 4.1 through 4.20 of the Final EIR. The topics include the following:
o Aesthetics
o Agricultural Resources
o Air Quality
o Biological Resources
o Cultural
o Geology and Soils
o Greenhouse Gas Emissions
o Hazards and Hazardous
Materials
o Hydrology and Water
Quality
o Land Use and Planning
o Mineral Resources
o Noise
o Population and Housing
o Public Facilities
o Recreation
o Transportation
o Utilities
o Energy
o Tribal Cultural Resources
o Wildfire
o Mandatory Findings of
Significance

21 2.0 Evaluation of Environmental Impacts
This section presents a summary of the analyses on the potential environmental impacts that may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checklist (Section 1.1 through 1.9) are stated and answers are provided according to the analysis undertaken as part of the Initial Study. The analysis considers the project’s short-term impacts (construction-related), and its operational or day-to-day impacts. For each question, there are four possible responses, which are listed in increasing order of severity; they are:

1. No Impact. Future development arising from the project’s implementation will not have any measurable environmental impact on the environment and no additional analysis is required.

2. Less than Significant Impact. The development associated with project implementation will have the potential to impact the environment; these impacts, however, will be less than the levels or thresholds that are considered significant and no additional analysis is required.

3. Potentially Significant Unless Mitigated. The development will have the potential to generate impacts which may be considered as a significant effect on the environment, although mitigation measures or changes to the project’s physical or operational characteristics can reduce these impacts to levels that are less than significant.

4. Potentially Significant Impact. Future implementation will have impacts that are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels.

The summary tables that follow list the four possible responses in decreasing order of severity for each of the required topics of discussion.

22 2.1 Aesthetics
Would the proposed plan: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Have a substantial adverse
effect on a scenic vista?
X

2. Substantially damage scenic
resources including, but not
limited to, trees, rock
outcroppings, and historic
buildings within a state scenic
highway?
X

3. In non-urbanized area,
substantially degrade the
existing visual character or
quality of public views of the
site and its surroundings?
If the project is in an urbanized
area, would the project conflict
with applicable zoning and
other regulations governing
scenic quality?
X

4. Create a new source of
substantial light or glare which
would adversely affect day or
nighttime views in the area?
X
AE – 1: There are no officially designated scenic vistas or viewsheds in the City of McFarland. As a result, the Annexation #21 project (Project) will have no effect on scenic vistas.

AE – 2: There are no officially designated State scenic highways in the City of McFarland nor are there any National or California Historic Landmarks in the City. The closest eligible place is the Friant-Kern Canal, which is eligible for National Register of Historic Places (NRPH). The Project will have no effect on any scenic highways or historic landmarks.

AE – 3: The proposed developments in the Project would be contiguous to the City and the development review process will assure preservation of the visual character of the City. The Project will have no negative effect on the visual character of the City.

AE – 4: Build-out of developments from the Project would create new, but minor sources of glare and light. Any new lighting installed under the Project would increase safety and security for residents and visitors and result in a less than significant impact.

23 2.2 Agricultural Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps
prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
X

2. Conflict with existing zoning for agricultural
use, or a Williamson Act contract? X

3. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
X

4. Result in the loss of forest land or
conversion of forest land to non-forest use? X

5. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
AG – 1: Agricultural lands in McFarland are important in that they provide commodities that generate local jobs and income, contribute to the local character of the City, and create habitat for wildlife. While some designated urban land under temporary agricultural use may be converted to urban land uses under the Annexation #21 project (Project), the parcels of land under consideration are not under Williamson Act contract nor are they designated prime farmland, unique farmland, or farmland of statewide importance. Overall, use of the land for its intended urban purpose would result in a less than significant effect.

AG – 2: McFarland recognizes the economic and cultural importance of agriculture for the community and continues to actively preserve and protect farmland, particularly, Williamson Act Parcels.

Annexation #21 project area is not under contract and thus its conversion to housing in order to accommodate the growing population in the long term would not result in loss of Williamson Act land.

Therefore, the Project will have a less than significant impact on zoning and Williamson Act Parcels.

24 AG – 3: There is no forest land or timberland zoned for timberland production within the City of McFarland. The Project will have no impact on forest or timberland.

AG – 4: There is no forest land within the City of McFarland. The Project would have no impact on the loss of forest land to non-forest use.

AG – 5: Agricultural resources are directly threatened by urban development as well as urban growth.

McFarland is committed to preserving its agricultural resources; however, while long term buildout of housing may impact the agricultural environment by changing the activities occurring on adjacent properties, Annexation #21 parcels have prior designation for urban development as are many of the parcels in the immediate vicinity. This would cause the overall impact to be less than significant.

25 2.3 Air Quality
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Conflict or obstruct
implementation of the
applicable air quality?
X

2. Result in a cumulatively
considerable net increase of
any criteria pollutant for
which the project region is
non-attainment under an
applicable federal or state
ambient air quality standard?
X

3. Expose sensitive receptors to
substantial pollutant
concentrations?
X

4. Result in other emissions
(such as those leading to
odors) adversely affecting a
substantial number of
people?
X
AQ– 1: McFarland, like the rest of the San Joaquin Valley area, is in attainment with the federal PM 10 standard, but not with the federal PM 2.5 standard, and the area is not in attainment with state PM 10 or PM 2.5 standards, making the area not in attainment with federal nor with state ozone standards.

Features within the Annexation #21 project (Project) promote contiguous growth with intensification of development, thus increasing the use of alternatives to the auto like walking, biking, and transit causing the overall impact to be less than significant.

AQ – 2: The SJVAPCD has published two state implementation plans (SIPs) which address ozone and particulate matter, for which the Basin fails to meet attainment standards. Housing Elements are typically considered consistent with SIPs if they do not increase population or VMT above that projected in the Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS). The Project does not exceed these growth assumptions. The SJVAPCD also published a CEQA assistance document, the “Guidance for Assessing and Mitigating Air Quality Impacts” (GAMAQI) which provides specific mitigation measures to be applied to projects in the Basin. Projects in the City, such as subdivisions will undergo project level CEQA review and are subject to the provisions of the GAMAQI. Overall, the Project will have a less than significant impact.

AQ – 3: The Project could contribute to the existing violation of several air quality standards or contribute to an existing or projected air quality violation; however, the air basin covers a large region

26 and includes many large agricultural operations and major urban areas including the City of Fresno. The Project includes several policies and actions that will help to mitigate future air pollutant emissions and protect sensitive residential receptors such as nursing homes. Overall, the Project will have a less than significant impact.

AQ– 4: Considering the small size and rural location of the City of McFarland and the separation of incompatible uses, the Project will not have a significant impact on the exposure of substantial numbers of people to emissions.

27 2.4 Biological Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Have a substantial adverse effect,
either directly or through habitat
modifications, on any species identified
as a candidate, sensitive, or special
status species in local or regional plans,
policies, or regulations, or by the
California Department of Fish and
Game or U.S. Fish and Wildlife Service?
X

2. Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, regulations or
by the California Department of Fish
and Game or US Fish and Wildlife
Service?
X

3. Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through
direct removal, filling, hydrological
interruption, or other means?
X

4. Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or impede
the use of native wildlife nursery sites?
X

5. Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X

6. Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or
state habitat conservation plan?
X
BIO– 1: McFarland is home to a few species that have been historically protected under federal and state regulations. Four species that have been on and off the endangered and threatened species lists

28 over the past years include the Swainson's hawk (Buteo swainsoni), Burrowing owl (Athene cunicularia), Tricolored Blackbird (Agelaius tricolor), and the San Joaquin Kit Fox (Vulpes macrotis mutica). Impacts to these species will be mitigated from the federal and state regulations. Furthermore, the Annexation #21 project (Project) does not propose development in existing wildlife or natural habitat areas. While, infill development is prioritized, new development will avoid sensitive areas, and areas of the City that are environmentally sensitive are intended to be preserved resulting in a less than significant impact to protected species.

BIO – 2: There are no wetlands or riparian habitats or other sensitive natural communities in McFarland; therefore, the Project will have no impact on any riparian habitat or other sensitive natural community.

BIO – 3: The City is nearly surrounded by croplands and Williamson Act lands and the policy is to preserve prime farmland, which controls the development envelope. Otherwise, the regional geography poses low fire risk to McFarland, the City lacks wetlands, forested areas, or other sensitive habitat that might hinder development. While there is a slight potential for interruption of the hydrological cycle with impervious surfaces that come with urban development, the impact will be less than significant.

BIO – 4: The Project could result in some impact if new development would interfere with movement of species through corridors, migration patterns, or affect their ability to reach breeding locations, but any impact would be less than significant.

BIO – 5: The Project will not conflict with any local policies or ordinances protecting biological resources.

BIO – 6: There are no adopted Habitat Conservation Plans, Natural Community Conservation Plans, or other approved local, regional, or state habitat conservation plans that are relevant in this context. Even unforeseen possibilities are considered less than significant.

29 2.5 Cultural: Archeological and Historical Resources Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant Impact
No Impact

1. Cause a substantial adverse
change in the significance of
a historical resource
pursuant to § 15064.5?
X

2. Cause a substantial adverse
change in the significance of
an archeological resource
pursuant to 15064.5?
X

3. Disturb any human remains,
including those interred
outside of formal
cemeteries?
X
CULT– 1: McFarland does not have any officially designated historic resources leading to a conclusion of no impact. Furthermore, the Annexation #21 project (Project) seeks to preserve non-designated historic resources.

CULT – 2: Construction activities associated with buildout of the Project could cause a significant impact to archaeological resources in the plan area by potentially damaging or disturbing as yet undiscovered archaeological deposits through the placement of fill and soil compression. Therefore, the potential for encountering archeological resources could exist in some sections of the City, however the Project overall causes a less than significant impact.

CULT – 3: Historically, Native Americans inhabited the region, and historically significant sites within the region have been discovered. There exists the potential of significant impacts if there were unknown sites of human remains discovered during the build-out of the Project. There are no known such sites in key growth areas, resulting in a less than significant impact. If any were to be discovered, impacts would both be significant and unavoidable. In the event human remains are discovered during the build-out of the Project, construction must be stopped, and a qualified coroner must be contacted to determine if the remains are of Native American origin. If the coroner makes this determination, the coroner should contact the Native American Heritage Commission within 24 hours.

30 2.6 Geology and Soils
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
rupture of a known earthquake fault, as
delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the
area or based on other substantial
evidence of a known fault?
X

2. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
strong seismic ground shaking?
X

3. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
seismic related ground failure, including
liquefaction?
X

4. Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving
landslides?
X

5. Result in substantial soil erosion or the
loss of topsoil? X

6. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction, or collapse?
X

7. Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial direct
or indirect risks to life or property?
X

8. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
X

31 9. Directly or indirectly destroy a unique
paleontological resource or site or
unique geological feature?
X
GEO– 1: Seismic hazard mapping shows that the City has a low seismic hazard potential yet it is at moderate risk for earthquake vulnerability. The closest active fault is six miles west while the closest active and potentially hazardous fault zone is White Wolf Fault Zone, located 55 miles south of McFarland. The White Wolf Fault Zone last erupted in 1952. Therefore, the Annexation #21 project (Project) has a less than significant effect.

GEO – 2: Seismic hazard mapping shows that the City has a low seismic hazard potential yet it is at moderate risk for earthquake vulnerability. McFarland has a 25% to 30% chance of experiencing an earthquake greater than magnitude 5.0 within the next 20 years and a 50% to 60% chance of experiencing an earthquake greater than magnitude 5.0 within the next 30 years. Therefore, the Project would place few to no properties in danger of collapse or lives at risk due to ground shaking, causing a less than significant impact.

GEO – 3: Liquefaction is the conversion of soil into a fluid-like state. McFarland is not within an area identified as having the potential for liquefaction. Therefore, the probability of loss of life or property due to liquefaction is less than significant.

GEO– 4: Earthquake-induced landslide and slope failure occurs when steep slopes composed of weak materials fail because of ground shaking caused by an earthquake. McFarland is not in an area identified as having the potential for earthquake-induced landslide or slope failure. Therefore, the Project will create less than significant risk of landslides.

GEO – 5: McFarland’s largest economic sector is agriculture. As most agricultural operations take place outside the built-up area of McFarland, the Project would create less than significant loss of topsoil.

GEO – 6: McFarland is not in an area identified as having the potential for earthquake-induced landslide or slope failure or as having the potential for liquefaction. Subsidence typically occurs due to the withdrawal of groundwater, oil, natural gas, or other resource extractive activities. The nearby City of Delano experienced subsidence caused largely by groundwater pumping of the deep aquifer system during the 1950s and 1960s. Although McFarland is at some risk for future ground failure as it is affected by subsidence with seismic ground shaking due to historic water withdrawal, and existing subsidence conditions, the Project’s impact would be less than significant.

GEO– 7: Soils susceptible to expansion are high in clay content as they are able to absorb and retain water leading to volume disparities between wet and dry states. The City of McFarland contains sandy soils with little or no clay content (Olive et al., 1989) which will not expand when inundated with water.

Therefore, the Project creates less than significant risk of loss of life or building damage due to location on expansive soils.

32 GEO – 8: The City of McFarland relies primarily on the collection and treatment of wastewater through a city-wide sewer system. The City does not rely heavily on the use of septic tanks. In the event that septic tanks are needed to collect wastewater, the nature of the soil in McFarland would adequately support septic tank infrastructure, resulting in a less than significant impact.

GEO – 9: McFarland is not known to have paleontological resources. However, construction activities associated with buildout of the Project could result in unearthing paleontological resources.

In anticipation of this slim eventuality, the City of McFarland has adopted the policy that “in the event that archeological or paleontological resource is unearthed or otherwise discovered during construction related activities associated with the Project, all work must be suspended until a qualified archeologist is consulted.” Thus, the Project has a less than significant impact.

33 2.7 Greenhouse Gas Emissions
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Generate GHG emissions,
either directly or indirectly,
that may have a significant
impact on the environment?
X

2. Conflict with an applicable
plan, policy, or regulation
adopted for the purpose of
reducing the emission of
GHGs?
X
GHG – 1: The Annexation #21 project (Project) is envisioned to increase development density which can reduce greenhouse gas emissions resulting in a less than significant effect.

GHG – 2: The Project remains consistent with the 2040 General Plan and other relevant policies and plans related to the regulation of GHG emissions. Therefore, the Project results in a less than significant impact.

34 2.8 Hazards and Hazardous Materials
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous
materials?
X

2. Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous
materials into the environment?
X

3. Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter
mile of an existing or proposed school?
X

4. Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
X

5. For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport, would
the project result in a safety hazard or
excessive noise for people residing or
working in the project area?
X

6. Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
X

7. Expose people or structures, either
directly or indirectly, to a significant risk of
loss, injury or death involving wildland
fires?
X
HAZ– 1: The transport, use, and disposal of hazardous materials are primarily associated with industry.

The Annexation #21 project (Project) focuses primarily on residential, commercial, and entertainment activities and supporting uses so the impact is less than significant.

35 HAZ – 2: Certain industrial and commercial land uses have the potential to create a significant hazard in upset or accident conditions if they involve the use, production, or transport of hazardous materials; however, the Project focuses on retail and service in addition to residential uses resulting in a less than significant impact on the environment. Furthermore, this projects is not the type to require CEQA review and mitigation of impacts associated with hazardous materials. In the case that the release of hazardous materials occurs, the City should collaborate with the County, following protocol from the County’s Hazardous Materials Area Plan to carry out a study to evaluate the nature and extent of the contamination, and the potential threat to public health and/or the environment.

HAZ – 3: Most existing and proposed schools are located beyond the quarter-mile threshold from anticipated land uses. The Project focuses on uses that are far from proposed industrial uses resulting in a less than significant impact on the environment
HAZ– 4: According to an EnviroStor search conducted in 2019, there were three DTSC cleanup sites within City limits and one cleanup site within the planned annexation south of McFarland. The Project will not change the existing land uses on the contamination sites without mitigation. Additionally, there is a potential for aerially deposited lead (ADL) soil contamination along Highway 99. Projects associated with development along Highway 99 should include soil sampling to test for ADL. Other projects (but not this project) might require CEQA review and mitigation of impacts associated with hazardous materials.

Therefore, the Project will create less than significant hazard to the public or the environment.

HAZ – 5: While four airports fall within the relative vicinity of McFarland, only three are relatively impactful. Delano Airport’s Sphere of Influence extends south to the border of Elmo Highway, thus providing a constraint to potential development north of that area. However, Delano Municipal Airport (DLO) is an uncontrolled, general aviation airport with a record of low-activity; it primarily serves local light aviation, including flight training and private aircraft, rather than commercial traffic thereby posing little to no conflict with the project area. There is no private airstrip within the Project Area. While no training or other significant military flightpaths cross over McFarland, Edwards Air Force Base, the nearest military installation, has some potential to impact safety in McFarland. Naval Air Warfare Station China Lake could also potentially effect aircraft hazards. The Project will not impact airport use.

HAZ – 6: The Project aligns with the General Plan which ensures collaboration with Kern County on the development and implementation of a Disaster and Emergency Preparedness Plan (ERP) as well as supports efforts outlined in the existing McFarland Local Hazard Mitigation Plan. The Project does not impact implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan.

HAZ– 7: McFarland is not included in Local, State or Federal Responsibility Areas or the projected Sphere of Influence within the Fire Hazard Severity Zones. While the City does not lie within a CAL FIRE recognized Fire Hazard Severity Zone, urban structure fires remain a concern and steps to prepare for an emergency will benefit all residents. Additionally, the City of McFarland sits on land designated as Wildland-Urban Interface by the USGS, or the area where significant vegetation or fuel sources lie near human activity. The Sequoia National Forest lies approximately 30 miles to the east of McFarland, and

36 that eastern half of Kern County qualifies as a significant fuel source and an area of significant fire probability, with many areas falling in a High or Very High Fire Hazard Zone. Although large wildfires are unlikely near McFarland, caution is still warranted due to significant potential fuel sources in the area including agricultural waste, liquid fuel, gaseous accelerants, and other significant local point sources of impact in a city of its size. The Project will expose people or structures, either directly or indirectly to a less than significant risk of loss, injury, or death involving wildland fires.

37 2.9 Hydrology and Water Quality
Would The Proposed Plan Potentially
Significant Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or ground water quality?
X

2. Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
X

3. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would result in substantial erosion or
siltation on- or off-site?
X

4. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or offsite?
X

5. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater drainage
systems or provide substantial additional
sources of polluted runoff?
X

6. Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
X

38 impervious surfaces, in a manner which
would impede or redirect flood flows?

7. In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
X

8. Conflict with or obstruct implementation
of a water quality control plan or
sustainable groundwater management
plan?
X
HY– 1: Future development associated with the buildout of the Annexation #21 project (Project) could negatively affect the quality of surface waters. Construction activities, which include grading, excavation, and other earthmoving activities, could expose soils, which can be eroded and deposited into nearby water sources. Increased sedimentation and turbidity from storm water runoff could lead to lower oxygen levels and increased algal growth, which could harm aquatic life. Post-construction impacts to water quality and waste discharge are due to an increase of impervious surfaces creating changes to storm water amount and quality. An increase of impervious surfaces also could lead to an increase of pollutants that enter storm water runoff. Urban runoff can potentially carry oil and grease, metals, sediment, pesticide, and chemical residues from roadways, parking lots, and rooftops, depositing them into nearby waterways. Development from the Project is required to comply with State and local water quality regulations that are designed to protect water quality during construction.

Complying with the standards and regulations will prevent the Project from violating any water quality standards related to waste discharge. Therefore, the Project’s impact will be less than significant.

HY – 2: The future development in the Project area would result in an increase in impervious surfaces which may interfere with groundwater recharge. However, regulations for stormwater require various measures that aim to improve on-site retention and drainage improvements, which when adhered to should result in a less than significant impact.

HY – 3: Development of the Project would involve vegetation removal, earth excavation and grading, and the construction of new structures. These activities could have an impact on the drainage pattern through an increase in erosion from construction activities and an increase in impervious surfaces.

However, erosion control measures are to be implemented and regulated for any proposed project greater than one acre resulting in a less than significant level. Individual projects are also to mitigate any on-site or off-site erosion impacts.

HY– 4: Build-out of the Project will increase the number of impervious surfaces within the City. Drainage patterns have the potential to be altered through an increase in the rate and volume of stormwater runoff due to the increase in impervious surfaces. McFarland owns nine sump basins for flood and storm control; however, additional sump basins have been identified for future development. This would help to alleviate potential runoff from developments to a less than significant level.

HY – 5: An increase in impervious surfaces from the development of the Project could result in an increase in stormwater runoff and pollutants within the stormwater. The increased pollutants include oil

39 and grease, metals, sediments, and pesticides from the increase in roadways, parking lots, rooftops, and other impervious surfaces. The water quality from stormwater runoff is regulated by the Central Valley Regional Water Quality Control Board (CVWQCB) and the municipal stormwater requirements in the McFarland Storm Drain Master Plan. These requirements and design features aid in offsetting the potential increase in stormwater from increase in impervious surfaces to a less than significant level.

HY – 6: An increase in development under the Project could result in alterations to water courses as retention walls, fences, and other structures are situated on land. However, site grading and design guidelines are meant to guard against unnecessary redirection of natural flow patterns, call for creation of retention basins, and preservation of streams and creeks, resulting in an overall less than significant impact. Furthermore, individual projects are to undergo project-level analysis to determine if they impede or redirect flood flows and mitigate them, as necessary.

HY– 7: McFarland does not fall within tsunami or seiche zones. However, assessor’s parcel data indicates approximately 457 parcels exist within the 100-year floodplain and 1,081 parcels exist within the 500- year floodplain. These properties account for 55% of homes in McFarland. Approximately 2,380 people live within the 100-year floodplain and 5,540 live within the 500-year floodplain. The Project limits additional residential growth in identified 100-year or 500-year flood plains without appropriate mitigation and the location of this Project in not among them, resulting in a less than significant impact.

HY – 8: An increase in development under the Project could increase surface runoff, its pollution, and subsequent degradation of water supply sources. McFarland is in a region with perennial shortage of water and a depleting groundwater aquifer. Growth in people and activities is likely to exacerbate the situation. CVWQCB regulates water quality while Southern San Joaquin Municipal Utility District (SSJMUD) protects and manages groundwater for sustainability ensuring the Project’s impact remains less than significant. The Project also remains consistent with SSJMUD’s Sustainable Ground Water Management Plan.

40 2.10 Land Use and Planning
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Physically divide an
established community? X

2. Cause a significant
environmental impact due
to a conflict with any land
use plan, policy, or
regulation adopted for the
purpose of avoiding or
mitigating an environmental
effect?
X
LU – 1: The Annexation #21 project (Project) does not include expansion of growth on both sides of Highway 99 which already physically divides the community. To maintain the City’s small-town character and preserve open space, the Project is contiguous to existing development. The proposal in the General Plan to create neighborhood centers and mixed-use arterials, enhanced mobility options for all modes of transportation, and increasing connectivity in the area and throughout the City, would result in a less than significant impact.

LU – 2: The Project does not conflict with existing land use plans. The Project remains consistent with the 2040 General Plan and updated Zoning Ordinance and Zoning Map.

41 2.11 Mineral Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Result in the loss of
availability of a known
mineral resource that would
be of value to the region
and the residents of the
state?
X

2. Result in the loss of
availability of a locallyimportant mineral resource
recovery site delineated on
a local general plan,
Residential Development
Plan, or other land use
plan?
X
MR – 1: Mineral extraction operations do not exist in the City of McFarland, but there are operations within Kern County. The City has restrictions in its municipal code that do not allow mining operations within McFarland. However, expansion in physical development would require extraction of stones, gravel, and sand, which might come from other parts of the region. Therefore, buildout of the Annexation #21 project (Project) could result in a less than significant loss of known mineral resources.

MR – 2: As referenced under MR-1, there are no existing mining operations in the City of McFarland.

However, the need for building stones, gravel, and sand during expansion in physical development could potentially deplete a local quarry. Therefore, buildout of the Project could result in a less than significant loss of a locally-important mineral resource recovery site.

42 2.12 Noise
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Generation of a substantial
temporary or permanent
increase in ambient noise
levels in the vicinity of the
project in excess of
standards established in the
local general plan or noise
ordinance, or applicable
standards of other
agencies?
X

2. Result in exposure of
persons to or generation of
excessive ground-borne
vibration or ground-borne
noise levels?
X

3. For a project located within
the vicinity of a private
airstrip or an airport land
use plan or, where such a
plan has not been adopted,
within two miles of a public
airport or public use airport,
would the project expose
people residing or working
in the project area to
excessive noise levels?
X
NOISE– 1: To accommodate future growth, the Annexation #21 project (Project) proposes the conversion of some vacant land to residential facility uses. Noise-sensitive land uses, including open space, public facilities, and residential land uses are proposed outside of normally or clearly acceptable ranges of noise. Furthermore, the proposed land uses do not expose existing sensitive receptors to an unacceptable range of noise. However, with growth in population and activities, there is a chance that noise levels would increase. Therefore, the Project could cause less than significant generation of noise levels in excess of the established standards. Additionally, project implementation is to take this issue into consideration and mitigate any potential noise impacts.

NOISE – 2: Ground-borne vibration and noise levels in McFarland are primarily associated with vehicular traffic along SR 99. The railroad is also a significant source of intermittent noise, but its 60 dB contour is entirely contained within the SR 99 60 dB contour. The Project, consistent with the 2040 General Plan,

43 does not prioritize residential development along SR 99 and within the 60 dB contour. Sensitive land uses are located outside of the unacceptable noise ranges. However, increased activity under the Project could generate additional movement of heavy vehicles that could impact ground vibration.

Nevertheless, the Project would less than significantly expose people to, or generate, excessive groundborne vibration or ground-borne noise levels. Furthermore, implementation of the Project is to take this issue into consideration and mitigate any potential noise impacts.

NOISE – 3: There are no aircraft operations, including private airstrip, public airport, or public use airport in the City of McFarland. The closest airport is the Delano Municipal Airport, just over four miles to the north. The 60 dB noise contours calculated for this airport do not extend to McFarland, nor to its planned expansion areas. Therefore, no persons residing or working in the Project area would be exposed to excessive noise levels associated with a private airstrip, public airport, or public use airport, resulting in no impact.

44 2.13 Population and Housing
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Induce substantial
unplanned population
growth in an area, either
directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through extension
of roads or other
infrastructure)?
X

2. Displace substantial
numbers of existing people
or housing, necessitating
the construction of
replacement housing
elsewhere?
X
POP– 1: The Annexation #21 project (Project), falls under the 2040 General Plan, which used the cohortcomponent method of population projection according to State of California guidelines to calculate population growth and number of households. The City of McFarland could need to accommodate up to about 4,500 additional housing units by 2040 in the five targeted key growth areas. This is to meet the needs of natural population increase and those that the target for jobs can induce by 2040 under the General Plan. The City, however, only has to meet a RHNA allocation of 244 units within the 2023-2031 cycle and can accommodate the additional housing units through a combination of infill, mixed-use, and ADU development in the downtown and vicinity plus key housing sites. This Project falls outside one of the key growth areas for new housing but can nevertheless contribute to meeting the allocated need therefore causing no impact.

POP – 2: The General Plan can meet population growth and related housing needs through the reoccupation of existing vacant units, redevelopment of existing units in “bad” condition, and developing new units. This Project does not necessitate the displacement of existing housing units, but rather can add to the growth and improvement of the housing stock by constructing new units. It does not involve redeveloping existing units in less than desirable conditions that could displace some occupants even if temporarily. Since the Project would not trigger displacement of people or existing housing units that would necessitate the construction of replacement housing elsewhere, it would have no impact.

45 2.14 Public Facilities
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact
Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for the following:

1. Fire protection? X

2. Police protection? X

3. Schools?
X

4. Parks? X

5. Other public facilities? X
PS – 1: McFarland does not lie in any identified fire hazard severity zone. However, the Sequoia National Forest lies approximately 30 miles to the east of McFarland, and that eastern half of Kern County qualifies as a significant fuel source and an area of significant fire probability, with many areas falling in a High or Very High Fire Hazard Severity Zone.

Growth in population and activities have the potential to increase the risk of urban fires which could tax the ability of Fire Protection and Emergency Services. There building standard that the Annexation #21 project (Project) must follow are meant to reduce the risk of fire on houses in McFarland, resulting in a less than significant impact.

PS – 2: Population growth has the potential to impact the ability of police services. Currently, the City of McFarland meets the FBI target of one officer per 1,000 residents and with the addition of the project, the City can maintain the standard officer-to-resident ratio. Therefore, the Project would have a less than significant impact.

PS – 3: The current teacher to student ratio (1:24) is lower than the national average (1:30).

Construction of a new elementary school in 2016 increased facility capacity to 3,804. While the Project

46 has the potential to increase population, the Project will have a less than significant effect on school capacity if it allocates space for additional school facilities.

PS – 4: The Project will have a less than significant impact on parks. Refer to the Recreation section (section 2.15) for more details.

PS – 5: The Project has the potential to increase population which would likely increase demand for library services in excess of existing capacity. However, Mitigation PS – 5a in the General Plan EIR accounts for the increased demand and requires the City of McFarland to “Coordinate with Kern County Library to address the specific needs of the community and funding sources required to build library service and other services to meet those needs.” With Mitigation PS – 5a, the Project would have a less than significant impact.

47 2.15 Recreation
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Increase the use of existing
neighborhood and regional
parks or other recreational
facilities such that
substantial physical
deterioration of the facility
would occur or be
accelerated?
X

2. Include recreational
facilities or require the
construction or expansion
of recreational facilities
which might have an
adverse physical effect on
the environment?
X
REC – 1: There are currently 7 parks and 35 acres of parks in McFarland. While population growth would inevitably require demand for park use, the Annexation #21 project (Project) is expected to dedicate space for additional proposed park land which would serve residents and mitigate overuse of parks to an extent as to result in their deterioration. (This would be consistent with the contents of the General Plan Land Use in the northern parts of the City adjoining Annexation #21.) Therefore, the Project would have a less than significant impact.

REC – 2: The Project area is to permit the development of a mixture of residential, commercial, entertainment and supportive land uses which will not require additional recreational facilities beyond what is permitted and therefore will create no adverse physical impact.

48 2.16 Transportation
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Conflict with a program,
plan, ordinance, or policy
addressing the circulation
system, including transit,
roadway, bicycle, and
pedestrian facilities?
X

2. Conflict or be inconsistent
with CEQA Guidelines
Section 15064.3, subdivision
(b)? . . . . i.e., Is VMT
exceeding an applicable
threshold of significance?
X

3. Substantially increase
hazards due to a geometric
design feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?
X

4. Result in inadequate
emergency access? X
TRANS – 1: All development under the Annexation #21 project (Project) would be subject to policies, plans, and programs that ensure the performance and safety of users of multiple modal facilities including public transit riders, bicyclists, and pedestrians. For example, all development under the Project would have to comply with the Complete Streets Act of 2008 and the Americans with Disabilities Act of 1990. The impact of the Project on adopted policies, plans, or programs would therefore be less than significant.

TRANS – 2: Potential growth and development as a result of the Project can increase total vehicle miles travelled (VMT). However, anticipated focus of the Project and the keen focus of the General Plan on contiguous and mixed-use development can encourage alternatives to the auto, including nonmotorized travel, helping to reduce VMT. Consistent with statewide thresholds of significance, the proposed McFarland General Plan is assessed to produce upwards of a 50 percent reduction in per capita VMT. This is possible because the General Plan includes certain improvements to transportation and land use settings, which are projected to result in lower per capita VMT than existing and other future alternatives including the no project alternative. Therefore, the Project will have a less than significant impact on Project generated VMT.

49 TRANS – 3: All development under the Project would be subject to design and safety standards that are specified within the City of McFarland Municipal Code. The McFarland Municipal Code references, and is subject to, codes established by the State of California that ensure the safety of its citizens. As with current practice, all future roadways would be designed and reviewed in consultation with engineers to determine their compliance with these codes and regulations with regard to hazards and incompatible uses. Therefore, the Project will have no impact on hazards due to geometric design.

TRANS – 4: All development under the Project would be subject to design and safety standards, specified under the City of McFarland Municipal Code, which references the California Building Code and portions of the International Fire Code. As with current practice, all future roadways would be designed and reviewed in consultation with engineers to determine their compliance with these codes and regulations with regards to adequate emergency access. Therefore, the Project will have no impact on emergency access.

50 2.17 Utilities
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Require or result in the
relocation or construction
of new or expanded water,
wastewater treatment, or
storm water drainage,
electric power, natural gas,
or telecommunications
facilities, the construction
or relocation of which could
cause significant
environmental effects?
X

2. Have sufficient water
supplies available to serve
the project and reasonably
foreseeable future
development during
normal, dry, and multiple
dry years?
X

3. Result in a determination by
the wastewater treatment
provider which serves or
may serve the project that it
has (in)adequate capacity to
serve the project’s
projected demand in
addition to the provider’s
existing commitments?
X

4. Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or otherwise
impair the attainment of
solid waste reduction goals?
X

5. Not comply with federal,
state, and local
management and reduction
statutes and regulations
related to solid waste?
X

51 UTIL – 1: The Annexation #21 project (Project) will result in new growth and infrastructure development in an annexed area of the City of McFarland. This could result in new construction or expansion of storm water drainage facilities. The Annexation #21 area is in the part of the City which does not have a history of major flood events, though it is possible that projected growth could change this as roadway expansion, land use changes and commercial growth and expansion could possibly increase the use of pavement and parking areas. However, programs in the General Plan address infrastructure requirements in order to efficiently capture and divert storm water to reduce the risk of urban flooding for new development and growth of the Project. Increased housing as a result of the Project would also likely require the extension of electric, gas, and wastewater lines as well as telecommunication facilities.

However, programs in the General Plan address increased demand for public services and proposed expansion when needed. Therefore, the Project will have a less than significant impact.

UTIL – 2: The City has sufficient water supply to serve existing entitlements and resources, but water supply can be a limiting factor to growth. Continuing to monitor water quality is important as the community continues to grow. The current water supply needs to be supplemented by additional sources and continuously monitored for quality to facilitate growth. Additionally, the City of McFarland needs to reduce its water demand regardless of these impacts. Executive Order B-37-16 and Senate Bill X7-7 mandate water demand reduction which can potentially help the City offset demand associated with projected growth. With water conservation policies in the General Plan, the increased water demand as a result of the Project will have a less than significant effect on water supply.

UTIL – 3: Projected increase in population and changes in land use would increase demand for the City of McFarland’s wastewater treatment facilities and therefore potentially exceed wastewater treatment requirements of the Central Coast Regional Water Quality Control Board, which mandates that all public sanitary sewer systems and treatment facilities comply with State Waste Discharge Order (WDR Order No. 2006-0003-DWQ). There is a planned expansion of the wastewater treatment plant, but due to the pipe size limitation it would only increase capacity for the west side where the Project site is located.

The east side has considerably lower capacity for growth, as it is served by only one 8-inch pipe. The General Plan proposed constructing a new facility on the east side of McFarland to accommodate future growth and demand. With the two expansions, the Project would have a less than significant effect on wastewater treatment facilities.

UTIL – 4: The Project will result in new growth and infrastructure development in key areas within the City of McFarland and this would increase the need for solid waste collection and disposal. R&F Disposal and Recycling, Inc. would not exceed capacity at buildout. Therefore, the impact would be less than significant.

UTIL – 5: Projects in the City, such as subdivisions undergo project level reviews and are subject to the policies in the General Plan to assure compliance with Federal, State, and local regulations and statutes regarding solid waste. Therefore, the Project will have a less than significant impact.

52 2.18 Energy
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No Impact

1. Result in potentially
significant environmental
impact due to wasteful,
inefficient, or unnecessary
consumption of energy
resources, during project
construction or operation?
X

2. Conflict with or obstruct a
state or local plan for
renewable energy or energy
efficiency?
X
ENE – 1: While the Annexation #21 project (Project) will result in new growth and infrastructure development in key areas within the City of McFarland, focus on contiguous, compact, and infill development can help to prevent excessive consumption of energy. Additionally, the Plan’s efforts to reduce VMT can further reduce energy consumption from transportation related activities. As a result of these progressive actions to conserve energy, per capita natural gas use under the Project can reduce and electricity use can decrease compared to the no project alternative, resulting in a less than significant impact.

ENE – 2: All development under the Project would be subject to all applicable renewable energy and energy efficiency plans including federal, state and local regulations. The Project would also be subject to the General Plan policies and programs, which work to help McFarland meet energy conservation standards and goals set by state and local plans. Furthermore, subsequent developments under the Project will undergo City of McFarland Building Department review to ensure they comply with energy conservation standards. Therefore, impact of the Project on adopted policies, plans, or programs would be less than significant.

53 2.19 Tribal Cultural Resources
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public Resources
Code Section 21074 as either a site,
feature, place, cultural landscape that
is geographically defined in terms of
the size and scope of the landscape,
sacred place, or object with cultural
value to a California Native American
tribe, and that is listed or eligible for
listing in the California Register of
Historical Resources, or in the local
Register of Historical Resources as
defined in Public Resources Code
Section 5020.1(k)?
X

2. Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public Resources
Code Section 21074 as either a site,
feature, place, cultural landscape that
is geographically defined in terms of
the size and scope of the landscape,
sacred place, or object with cultural
value to a California Native American
tribe, and that is a resource determined
by the lead agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1?
X
TRIBE – 1: There are no historic sites, features, places, and cultural landscapes within the City that are listed on the National Register of Historic Places (NRHP). In 2015, McFarland conducted a records search of California Historical Resource Information System (CHRIS) which includes a review of the NRHP, the California Points of Historical Interest list, the California Historical Landmarks list, the Archaeological Determinations of Eligibility list, the California State Historic Resources Inventory list, and the Office of Historic Preservation (OHP) Historic Property Directory. The records search identified 14 previously conducted studies and 14 cultural resources within the City but not the Annexation #21 project (Project) site and 200-foot buffer. All of the cultural resources are of the

54 built-environment type and were constructed during the 20th century. Therefore, the Project would have no impact on any tribal cultural resources listed on any local or state registry.

TRIBE – 2: A 2015 records search of the California Historical Resource Information System (CHRIS) including a review of the NRHP, the California Points of Historical Interest list, the California Historical Landmarks list, the Archaeological Determinations of Eligibility list, the California State Historic Resources Inventory list, and the Office of Historic Preservation (OHP) Historic Property Directory identified 14 cultural resources within the City, but not the Annexation #21 project site and 200-foot buffer. However, these resources are all of the built-environment type and were constructed during the 20th century and will not be impacted by the Project. Beyond this search, the City reached out to the 19 tribes identified by the Native American Heritage Commission to be historically or culturally associated with the geographic area of the City of McFarland for consultation.

McFarland’s SOI did not cover any land associated with any of the tribes. Given this information, the lead agency, the City of McFarland, is not aware of any tribal cultural resources that will be impacted by the Project.

55 2.20 Wildfire
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Substantially impair an adopted Emergency
Response Plan or Emergency Evacuation Plan? X

2. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X

3. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
X

4. Expose people or structures to significant risks,
including downslope or downstream flooding
or landslides, as a result of runoff, post-fire
slope instability, or drainage changes?
X
FIRE – 1: The Annexation #21 project (Project) is a part of the General Plan which includes policies to ensure collaboration with Kern County on the development and implementation of a Disaster and Emergency Preparedness Plan and supports efforts outlined in the existing McFarland Local Hazard Mitigation Plan. Proposed land uses do not interfere with any existing emergency response plans (ERPs).

Therefore, the Project will have a less than significant impact.

FIRE – 2: According to CAL FIRE, McFarland (and its SOI) does not lie within a Fire Hazard Severity Zone and is at a low risk from fire hazards. The Project, as a result, does not increase exposure of any Project occupants to wildfire spread or wildfire pollutants. While the City does not lie within a CAL FIRE recognized Fire Hazard Severity Zone, urban structure fires and pollutant exposure from nearby higher risk areas outside of McFarland’s SOI remain a concern and steps to prepare for an emergency will benefit all residents. Policies in the General Plan help to mitigate that risk. Overall, the Project will have a less than significant impact.

FIRE – 3: As addressed in FIRE-2, McFarland (including its SOI) does not lie within a CAL FIRE designated Fire Hazard Severity Zone and is at low risk of fire hazard. Furthermore, any subsequent subdivisions or development projects required as part of the Project are subject to CEQA review. While the City does

56 not lie within a CAL FIRE recognized Fire Hazard Severity Zone, urban structure fires remain a concern and steps to mitigate fire risk are still important. Policies in the General Plan help to mitigate that risk.

Overall, the Project will have a less than significant impact.

FIRE – 4: As addressed in FIRE-2 and 3, McFarland (including its SOI) does not lie within a CAL FIRE designated Fire Hazard Severity Zone and is at low risk of fire hazard. Due to the low risk of fire, there is an exceedingly small likelihood that any wildfire related slope instability, drainage changes, or run off caused by wildfires could occur. Thus, the Project will less than significantly impact the risk of downslope or downstream flooding or landslides caused by fire related geological events. While wildfire risk is low in McFarland, urban structure fires remain a concern and steps to mitigate fires risk are still important.

57 2.21 Mandatory Findings of Significance
Would The Proposed Plan Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact

1. Have the potential to degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number, or
restrict the range, of a rare or endangered plant
or animal, or eliminate important examples of
the major periods of California history or
prehistory?
X

2. Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects
of probable future projects.)
X

3. Have environmental effects which would cause
substantial adverse effects on human beings,
either directly or indirectly?
X
From the analyses in the foregoing sections, implementation of proposed land uses within the Annexation #21 Project area (Project) would not result in either limited or cumulative environmental impacts as follows:

MFS-1: It will not reduce fish habitats, threaten to eliminate plant or animal communities, reduce or restrict rare or endangered plants or animals, or eliminate important examples of the major periods of California history or prehistory.

MFS-2: It will not result in impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.

MFS-3: It does not have environmental effects which would cause substantial adverse effects on human beings either directly or indirectly.

Implementation of proposed land uses within the Annexation #21 Project area (Project) can contribute to the set of developments required to meet McFarland’s RHNA allocation. The policies that would guide project implementation would not change allowed density ranges even as they promote intensification of development toward the upper ranges of allowed density ranges in the City. Project implementation will consider environmental factors and adopt mitigation measures when deemed necessary.

58 3.0 Certification

3.1 Preparers
On behalf of the City of McFarland, De Lapide & Associates, Inc. prepared the Initial Study for this project.

3.2 Determination
McFarland Planning and Community Development Department based on the evaluation in this Initial Study and the Final Program EIR for the 2040 McFarland General Plan [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION is hereby determined.
[ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
[ ] I find that the proposed project MAY have a “potentially significant impact” or a “potentially significant unless mitigated impact” on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and nothing further is required.

3.3 De Minimis Fee Determination
Pursuant to Chapter 1706, Statutes of 1990-AB 3158,
[X] It is hereby found that this project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and that a "Certificate of Fee Exemption" shall be prepared for this project pending approval of the No Effect Determination.

59 [ ] It is hereby found that this project could potentially impact wildlife, individually or cumulatively, and therefore fees shall be paid to the County Clerk in accordance with Section 711.4(d) of the Fish and Game Code.

3.4 Environmental Determination
The initial study for this project has been reviewed and the environmental determination, contained in Section 2.0 preceding, is hereby approved.
_______________________________________________________ Megan Snyder, Community Development Director
City of McFarland

60 References
California Office of Planning and Research, CEQA Technical Advice Series, December 2004 Edition.

Accessible at: https://opr.ca.gov/docs/MND_Publication_2004.pdf City of McFarland. 2021, 2040 General Plan. Available at:
https://www.mcfarlandcity.org/DocumentCenter/View/3020/Final-General-Plan--2021pdf City of McFarland. 2021, FINAL ENVIRONMENTAL IMPACT REPORT on McFarland 2040 General Plan, SCH # 2021040288. Accessible via:
https://www.mcfarlandcity.org/DocumentCenter/View/2302/Vol3_DEIR_05- 16-2021
City of McFarland. 2021, Background Report for the 2040 General Plan. Available at:
https://www.mcfarlandcity.org/DocumentCenter/View/2301/Vol1_McFarland-Draft-General-Plan_May2021 City of McFarland. 2021, Sustainable Agriculture Element. Available at:
https://www.mcfarlandcity.org/DocumentCenter/View/3021/VolAG_Sustainable-Agriculture-Element_v2pdf

61 Appendices
Appendix A: Boundaries of Proposed Annexation #21 Area

62 Appendix B: Aerial View of Existing Land Use in Vicinity of Annexation #21 Area

63 Appendix C: Permitted Uses in C-0, C-1, and C-2 Zones C-0 Zones

64

65 C-1 Zones

66

67 C-2 Zones

68

C-2, Commercial
C-2, Commercial

EXHIBIT E

PLAN FOR PROVIDING SERVICES
Check Services Which
City/District Will Provide
SERVICES Agency Which Presently
Provides Services
Upon Annexation Future Date
(Specify)
Indicate How Services
Provided by City/District will
be Financed (i.e., general tax
rate or special assessment)
Planning City of McFarland X GENERAL FUND
Parks and Rec. McFarland Parks &
Recreation
Library Kern County
Police Protection City of McFarland X GENERAL FUND
Fire Protection Kern County Fire
Streets City of McFarland X GENERAL FUND
Construction City of McFarland X GENERAL FUND
Maintenance City of McFarland X GENERAL FUND
Sweeping City of McFarland X GENERAL FUND
Lighting City of McFarland X GENERAL FUND
Flood Control City of McFarland X GENERAL FUND
Sewerage City of McFarland X SEWER FUND
Water City of McFarland X WATER FUND
Other: Refuse City of McFarland X GENERAL FUND WITH
CONTRACT WITH CITY’S

FRANCHISE HAULER

EXHIBIT E
Please provide the following information, when applicable, only for services which will be provided by the applicant City/District.

Location Service Level Capacity
Indicate location from which service will be provided Indicate frequency and availability of service (i. e., nearest fire station, library, etc. ) (i. e., street sweeping, response time for emergency services, rec. programs, etc.)
Police 401 W Kern Ave, McFarland CA 93250 24hrs/7days, 8:00-5:00pm Office Hours Fire
Parks and Recreation
Library
Streets 401 W Kern Ave, McFarland CA 93250 8:00-5:00pm Office Hours Construction/Maintenance
Sweeping
Lighting
Sewer 401 W Kern Ave, McFarland CA 93250 Regular 8:00-5:00pm Office Hours Water 401 W Kern Ave, McFarland CA 93250 Regular 8:00-5:00pm Office Hours Other: Refuse 401 W Kern Ave, McFarland CA 93250 Regular 8:00-5:00pm Office Hours

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 13.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: June 10, 2026
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Paul Saldaña , Economic Development Manager
SUBJECT: CITY COUNCIL TAKE MINISTERIAL AND MANDATORY ACTION AS REQUIRED UNDER ELECTION CODE SECTIONS 1405 AND 9215

REGARDING THE DAIRY-SPONSORED INITIATIVE PROCESS
SUMMARY:

On March 23, 2026 the City Clerk received a Notice of Intent to Circulate a Petition and proposed initiative measure from Jess Visser on behalf of West-Star Dairy dba Sherwood Ranch, Top Funder of Initiative of the initiative measure (Elections Code §107). If approved, the initiative measure would modify the Citizens Initiative, submitted in September of 2025, which prohibit Concentrated Animal Feeding Operations (CAFOs) from operating in the City of McFarland and provide a timeframe for any existing CAFOs to cease operations by allowing West-Star Dairy to continue to operate and be exempt from the previously adopted Initiative.

California Constitution article II, §§ 8-11, provides the basis for the initiative power in California.

An initiative is “the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.” (Cal. Const art II, §8(a).) The initiative power also extends to cities and counties. “Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide.” (Cal Const art II, §11(a).)
In reviewing initiatives, California courts have consistently held that it is “the duty of the courts to jealously guard the right of the people.” (Martin v. Smith (1959) 176 Cal.

App. 2d 117, 117.) Voter action by initiative is so fundamental that it is described “not as a right granted the people, but as a power reserved by them.” (Associated Home Builders etc., Inc. v City of Livermore (1976) 18 Cal. 3d 582, 591)(emphasis added.) As such, the City Council’s duty to adopt a qualified voter-sponsored initiative or place it on the ballot (as discussed in greater detail below), is ministerial and mandatory. (Native American Sacred Site and Environmental Protection Association et al, v. City of San Juan Capistrano (2004) 120 Cal. App. 4th 961, 966.)
The statutory procedures for city initiatives are governed by California Election Code sections 9200 to 9226. The initiative process begins with a filing with the City Clerk and a notice of intent to circulate a petition, together with the text of the initiative. (Election Code § 9202(a).) Here, the petition and Measure were received at the end of March.

Soon after, the City Attorney timely prepared and sent a ballot title and summary of the Measure to the City Clerk, consistent with the requirements of Election Code section 9203.

The Election Code provides the proponents six (6) months from the receipt of the ballot title and summary to gather enough signatures to qualify the Measure for the ballot.

On May 19, 2026, the proponents submitted a signed petition to the City Clerk. The petitions were transferred to the Kern County Elections Division (“County”) to verify the validity of the petition signatures.

On May 22, 2026, the City received official notification from the County that the petition contains 632 valid signatures, which exceeds the 524 signatures required to qualify the Measure on the ballot. Consistent with the requirements of Elections Code section 9210, the Measure has demonstrated the requisite sufficiency to qualify for the ballot.

Because the Measure has obtained the required number of signatures and qualified for the ballot, and a Certificate of Sufficiency of Initiative has been received and accepted. As such, Election Code section 9215 provides the City Council with the following options:

1. Adopt the Measure, without alteration, at this meeting or at meeting within 10 days of the acceptance of the Certificate of Sufficiency of Initiative.

2. Pursuant to Election Code section 1405, submit the Measure to the voters at the next General Election, which will be on November 3, 2026 (Option No. 2 Resolution ####)

3. Direct staff to prepare an impartial and informational report analyzing the impact of the Measure on the City (Option 3 Resolution ####). Staff must present the report no later than 30 days after the City certifies that the petition is sufficient. After the report is presented to the City Council, the City Council must either vote to adopt the Measure or order an election.

Environmental Impact
If the City Council adopts the Measure or submits the Measure to the voters, both actions are ministerial decisions and not subject to the California Environmental Quality Act (“CEQA”). “When the electorate undertakes to exercise the reserved legislative power, the city has no discretion and acts as the agent for the electorate. In such event, the enactment of the initiative measure is excluded from CEQA compliance.” (Northwood Homes, Inc. v. Town of Moraga (1989) 216 Cal.App.3d 1197, 1206.)
FINANCIAL IMPACT:

If the City Council chooses either Options #2 the estimated cost of the election would be approximately $38,000.

RECOMMENDATION:

City Council review options and take action as required by Election Code.

ATTACHMENTS:

1. Resolution 2026-### (Options 2,3)

[Option No. 2]
RESOLUTION NO. 2026-###

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026 AND SUBMITTING TO THE MCFARLAND ELECTORATE AN INITIATIVE ORDINANCE

PROHIBITING CONCENTRATED ANIMAL FEEDING OPERATIONS IN THE CITY OF

MCFARLAND
WHEREAS, the McFarland City Council has elected to submit to the voters at the November 3, 2026 General Municipal Election, an initiative measure prohibiting Concentrated Animal Feeding Operations in the City of McFarland; and WHEREAS, certain actions are required in connection with said election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MCFARLAND , CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of McFarland, California, on Tuesday, November 3, 2026, a General Municipal Election for the purpose of submitting the following proposed initiative measure:

CITY OF MCFARLAND INITIATIVE ORDINANCE
Shall the measure to allow the continued operation of the existing dairy in the Yes City of McFarland be adopted? No
SECTION 2. The full text of the ordinance submitted to the voters is attached as Exhibit ‘A’ and incorporated by reference.

SECTION 3. The City Council will request that the Kern County Clerk/Registrar of Voters include on the ballots and sample the ballots the Measure enumerated above to be voted on by the voters of the qualified electors of the City of McFarland.

SECTION 4. The City Council will also request that the Kern County Clerk/Registrar of Voters that the full text of the proposed measure and the City Attorney’s analysis will be printed in Voter Information Pamphlet mailed to all voters in the City of McFarland.

SECTION 5. Passage of this measure requires a majority (50% plus 1) of votes cast at the election for passage.

SECTION 6. The City Council requests that the Kern County Clerk/Registrar of Voters conduct the election and canvass the returns, and the City consents to reimburse the Registrar of Voters for all costs incurred by said services.

SECTION 7. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 8. Arguments in favor or against the proposed measure are permissible and shall be filed with the Kern County Clerk/Registrar in accordance with Elections Code Section 9282.

SECTION 9. The City Manager and City Clerk are authorized to provide input to the Kern County Clerk/Registrar in determining a letter designation for this measure.

SECTION 10. The Kern County Clerk/Registrar of Voters shall give the appropriate notices for the election and shall conduct the election pursuant to appropriate provisions of the Election Code.

Section 11. The City of McFarland acknowledges the Kern County Clerk/Registrar may conduct the election in accordance with Elections Code 10418.

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

SECTION 13. The City Clerk and City Attorney are authorized to make any typographical, clerical, non-substantive corrections to this resolution as may be deemed necessary by the Kern County Clerk/Registrar of Voters.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on _________________ by the following vote:
[insert vote table]

[Option No. 3]
RESOLUTION NO. 2026-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND, CALIFORNIA, ORDERING A REPORT PURSUANT TO ELECTIONS CODE SECTION 9212 REGARDING THE INITIATIVE PETITION ENTITLED “PROHIBITION ON CONCENTRATED ANIMAL FEEDING OPERATIONS”
WHEREAS, on March 24, 2026, a Notice of Intention to circulate a petition for an ordinance initiative entitled "Authorization of existing and prohibition of new confined animal feeding operations" ("Initiative") was submitted to the City, and WHEREAS, on May 19, 2026, the City Clerk delivered the Initiative Petition to the Kern County Registrar of Voters ("Registrar") for signature verification, and WHEREAS, on May 22, 2026, the Registrar returned a Certificate to Initiative Petition regarding the Initiative Petition verifying the signatures using process authorized by the California Election Code, and
WHEREAS, on June 10, 2026, the City Council accepted the Certificate of Sufficiency (“Certificate”) presented by the City Clerk as to the sufficiency of the Initiative Petition, and
WHEREAS, Elections Code section 9212 authorizes the City Council to refer an initiative measure to City agencies for a report regarding eight (8) delineated categories of impact including:

1. Fiscal impact of the initiative.

2. Consistency with the city’s general and specific plans, including housing and zoning alignment.

3. Effects on land use and housing, including availability, location, and meeting regional housing needs.

4. Impact on infrastructure funding, such as transportation, schools, parks, and open space.

5. Impact on the community’s ability to attract and retain businesses and jobs.

6. Impact on the use of vacant parcels.

7. Impact on agricultural land, open space, traffic, business districts, and revitalization areas.

8. Any additional matters the City Council requests, and

WHEREAS, the City Council has determined a section 9212 report would provide valuable information regarding the execution of its mandatory and ministerial duties under Elections Code section 9215 regarding the Measure, as well as to interested City residents.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of McFarland does hereby order, pursuant to its right and authority under Elections Code section 9212 as follows:

SECTION 1. City Staff to prepare a Report pursuant to Elections Code section 9212.

SECTION 2. The Report shall assess the impacts of the Initiative pursuant to Elections Code section 9212 subsection (a)(1-8).

SECTION 3. The Report shall be presented to the City Council at its July 22, 2026 Regular Meeting.
[insert vote table]

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 14.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: June 10, 2026
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
Paul Saldaña , Economic Development Manager
SUBJECT:

Approval of Resolution No. 2026-69 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND, CALIFORNIA AUTHORIZING THE

SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA ACTIVE

TRANSPORTATION PROGRAM (ATP) AND AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS
SUMMARY:

The California Active Transportation Program (ATP) provides funding for projects that improve safety and access for pedestrians and bicyclists, particularly in disadvantaged communities.

The City of McFarland is eligible to compete for ATP funding as a disadvantaged community based on socioeconomic and environmental factors.

Sherwood Avenue and Perkins Avenue serve as the City’s primary east–west corridors and provide critical connections across State Route 99 (SR-99), which divides the community.

These corridors are essential for accessing schools, residential areas, parks, and local services.

Multiple planning and technical documents have identified these corridors as priority locations for improvement, including:
• Kern Region Active Transportation Plan (2018)
• Pedestrian and Bicycle Impediment Study (2018)
• Local Roadway Safety Plan (2022)
• Systemic Safety Analysis Report (2020)
• Complete Streets Safety Assessment (2025)
The proposed project addresses documented safety and infrastructure deficiencies along Sherwood Avenue and Perkins Avenue, particularly at the SR-99 overpasses and adjacent segments. The Complete Streets Safety Assessment (2025) identified critical safety concerns, including:

• Degraded and discontinuous sidewalk infrastructure
• Lack of separation between pedestrians and vehicles
• Missing or damaged guardrails
• Unsafe pedestrian crossings at SR-99 ramp locations
• Poor lighting and limited visibility
• Wide travel lanes contributing to higher vehicle speeds • Students crossing mid-block due to lack of safe crossing facilities These conditions create unsafe environments for pedestrians and bicyclists, particularly for students traveling to and from McFarland High School and residents accessing services on foot.

Proposed Improvements
The proposed ATP project will include:
• Sidewalk reconstruction and gap closures
• ADA-compliant curb ramps
• Installation of guardrails and pedestrian protection features • High-visibility crosswalks and improved crossings
• Traffic calming measures, including lane narrowing and intersection improvements • Lighting enhancements along key segments
These improvements are designed to reduce vehicle-pedestrian conflicts, improve visibility, and enhance overall safety and accessibility.

FINANCIAL IMPACT:

There is no General Fund impact associated with the application submittal. If awarded, ATP funds will support project design and construction. Any required local match or associated costs will be identified at a later stage and brought to Council for consideration.

RECOMMENDATION:

City Council adopt Resolution No. 2026-69.

ATTACHMENTS:

None

RESOLUTION NO. 2026-69

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

AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA ACTIVE

TRANSPORTATION PROGRAM (ATP) AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS
WHEREAS, the City of McFarland is committed to improving safety, mobility, and accessibility for pedestrians and bicyclists; and
WHEREAS, the California Active Transportation Program (ATP) provides funding for projects that increase walking and bicycling, improve safety, and enhance access for all users; and WHEREAS, the City has identified Sherwood Avenue and Perkins Avenue as critical corridors requiring safety and infrastructure improvements, as documented in the Kern Region Active Transportation Plan (2018), Pedestrian and Bicycle Impediment Study (2018), Local Roadway Safety Plan (2022), Systemic Safety Analysis Report (2020), and Complete Streets Safety Assessment (2025); and
WHEREAS, the proposed Sherwood Avenue and Perkins Avenue Active Transportation Improvements Project is designed to address infrastructure deficiencies, enhance pedestrian and bicycle safety, and improve access across State Route 99; and
WHEREAS, the City desires to apply for state funding through the ATP to support implementation of these improvements.

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

1. Approves the submission of an application to the California Active Transportation Program (ATP) for the Sherwood Avenue and Perkins Avenue Active Transportation Improvements Project.

2. Authorizes the City Manager, or designee, to submit the application and to execute and submit all required documents, agreements, amendments, and certifications necessary for the completion of the ATP application process.

3. Acknowledges that if funds are awarded, the City will comply with all applicable requirements of the ATP program.

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

5. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on June 10, 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

City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 15.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: June 10, 2026
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: Approval of Resolution No. 2026-73 A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF MCFARLAND, CALIFORNIA ACCEPTING THE LOWEST

RESPONSIVE AND RESPONSIBLE BID AND AWARD OF A CONTRACT TO BOWMAN ASPHALT, INC IN THE AMOUNT OF $2,288,333 FOR THE BASE

BID OF THE GARZOLI AVENUE PEDESTRIAN/LANDSCAPING

IMPROVEMENTS PROJECT AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE AGREEMENT; ALLOCATE FUNDS FOR THE BID, AND UP TO $511,423.30 FOR CONTINGENCY, CONSTRUCTION MANAGEMENT

AND MATERIALS SAMPLING & TESTING
SUMMARY:

The City of McFarland was awarded a $9,618,290 state grant through the California Department of Housing and Community Development, of which $8,896,446 was allocated for Sustainable Transportation Infrastructure. These funds will be used to install pedestrian and landscaping improvements along Garzoli Ave, which is Phase 1 of the overall project. The scope of work for this phase includes: installation of hot-mix asphalt pavement; construction of curbs and gutters, sidewalks, and ADA curb ramps; installation of traffic stripes, pavement markings, and roadside signs; and installation of landscaping improvements, irrigation lines, and street lights.

On May 28, 2026, at 2:15 PM, sealed bids were opened for this project. A total of three (3) bids were received and opened by the Assistant Engineer. The following is the tabulation of the bids received:

Bidder Bid
Bowman Asphalt $2,288,333.00
Cen-Cal Construction $2,414,999.00
Griffith Company $2,602,735.00
Attached is the Bid Summary
The Project Engineer (BHT Engineering, Inc.) has reviewed and qualified the lowest responsible bidder, Bowman Asphalt, Inc. See attached Low Bid Analysis. The City is allowing 100 working days for the contractor to complete the project.

FINANCIAL IMPACT:

Costs:

Base Bid: $2,288,333.00
10% Contingency: $228,833.30
Construction Management and
Materials, Sampling, Testing:
$282,590.00
Total Construction Phase
Cost:
$2,799,756.30
Funding:

State Match (100%) - (HCD) $2,799,756.30
Local Match (0%) $0.00
RECOMMENDATION:

Staff recommends City Council approve resolution No. 2026-73 accepting the lowest responsive and responsible bid, award the project to Bowman Asphalt, Inc., and execute a construction agreement with Bowman Asphalt, Inc. in the amount of $2,288,333 for the Base Bid of the Garzoli Ave. Pedestrian/Landscaping Improvements Project, and to authorize the City Manager to execute the construction agreement.

Additionally, Staff recommends approval of $228,833.30 for Construction Contingencies and $282,590.00 for Construction Management and Materials Sampling & Testing - both critical to the successful completion of the project. These funds will be used to address unforeseen work that may arise during construction and was not identified at the time of bidding, as well as to support Construction Management and Observation efforts. This will help ensure that the City and its residents receive a final product that meets acceptable standards of quality, character, and construction methodology.

ATTACHMENTS:

1. McFarland - Garzoli Ave Project - Bid Summary

2. Garzoli Ave - Low Bid Analysis_Redacted

3. McFarland - Public Works Contract - Garzoli Ave Pedestrian_Landscaping Improvements

RESOLUTION NO. 2026-73

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

ACCEPTING THE LOWEST RESPONSIVE AND RESPONSIBLE BID AND AWARD OF A CONTRACT TO BOWMAN ASPHALT, INC IN THE AMOUNT OF $2,288,333 FOR THE

BASE BID OF THE GARZOLI AVENUE PEDESTRIAN/LANDSCAPING IMPROVEMENTS PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT; ALLOCATE FUNDS FOR THE BID, AND UP TO $511,423.30 FOR CONTINGENCY,

CONSTRUCTION MANAGEMENT AND MATERIALS SAMPLING & TESTING WHEREAS, the bids were reviewed and analyzed by the engineering firm BHT Engineering, Inc., for a recommendation of the lowest responsible and responsive bidder, Bowman Asphalt, Inc. with a base bid of $2,288,333, was recommended as the lowest responsive and responsible bidder; and WHEREAS, an amount of $511,423.30 is needed for construction contingencies and Construction Management and Materials Sampling and Testing; and WHEREAS, the City Council of the City of McFarland agrees to the terms and conditions of the proposed construction agreement.

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 Bowman Asphalt, Inc. for the Garzoli Ave. Pedestrian/Landscaping Improvements Project, in the amount of $2,288,333.

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

4. Allocates funds in the amount of $511,423.30 for up to $228,833.30 for contingency; and up to $282,590 for Construction Management and Materials Sampling and Testing.

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

6. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on June 10, 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

BHT Job # 25607
BID OPENING: MAY 28, 2026 @ 2:15 PMTHREE (3) BIDS TOTAL RECEIVED. Three (3) Lowest Bids Shown ITEM UNIT OF EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. MEASURE QNTY. COST COST COST COST COST COST COST COST 1 CLEARING & GRUBBING, SITE DEMOLITION, EXCAVATION, BACKFILL, GRADING, COMPACTION, BALANCE ROADWAY/SITE TO NEW GRADES, HAUL-OFF EXCESS MATERIALS L.S. 1 150,000.00 $ 150,000.00 $ 253,225.03 $ 253,225.03 $ 303,681.00 $ 303,681.00 $ 367,987.00 $ 367,987.00 $ 2 CLASS 2 AGGREGATE BASE TON 4,270 48.00 $ 204,960.00 $ 26.00 $ 111,020.00 $ 44.00 $ 187,880.00 $ 28.00 $ 119,560.00 $ 3 TYPE "A" HOT MIX ASPHALT TON 1,997 130.00 $ 259,610.00 $ 100.00 $ 199,700.00 $ 105.00 $ 209,685.00 $ 105.00 $ 209,685.00 $ 4 INSTALL ADA CURB RAMP (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) EA. 4 5,000.00 $ 20,000.00 $ 3,800.00 $ 15,200.00 $ 4,000.00 $ 16,000.00 $ 3,750.00 $ 15,000.00 $ 5 INSTALL 4" THICK CONCRETE SIDEWALK (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) S.F. 13,556 9.00 $ 122,004.00 $ 7.50 $ 101,670.00 $ 7.50 $ 101,670.00 $ 9.75 $ 132,171.00 $ 6 INSTALL CURB & GUTTER (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 95%) L.F. 2,637 39.00 $ 102,843.00 $ 32.31 $ 85,201.47 $ 32.00 $ 84,384.00 $ 26.00 $ 68,562.00 $ 7 INSTALL 8"-THICK CONCRETE APRON / XGUTTER (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 95%) S.F. 1,351 25.00 $ 33,775.00 $ 18.00 $ 24,318.00 $ 20.00 $ 27,020.00 $ 32.00 $ 43,232.00 $ 8 INSTALL STANDARD CATCH BASIN/STORM MANHOLE EA. 1 7,500.00 $ 7,500.00 $ 12,500.00 $ 12,500.00 $ 17,500.00 $ 17,500.00 $ 30,000.00 $ 30,000.00 $ 9 ADJUST MANHOLE TO NEW GRADE EA. 5 1,800.00 $ 9,000.00 $ 2,600.00 $ 13,000.00 $ 1,800.00 $ 9,000.00 $ 3,200.00 $ 16,000.00 $ 10 FURNISH AND INSTALL SOLAR-POWERED FLASHING LED STOP SIGN - R1-1 (30"X30") EA. 3 5,000.00 $ 15,000.00 $ 3,500.00 $ 10,500.00 $ 3,500.00 $ 10,500.00 $ 3,500.00 $ 10,500.00 $ 11 FURNISH AND INSTALL W3-1 "STOP AHEAD" SIGN - (36"x36") EA. 1 750.00 $ 750.00 $ 750.00 $ 750.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00 $ 12 FURNISH AND INSTALL "ALL WAY" SIGN - R1-4 (18"X6") EA. 3 200.00 $ 600.00 $ 85.00 $ 255.00 $ 100.00 $ 300.00 $ 100.00 $ 300.00 $ 13 FURNISH AND INSTALL R7-9 SIGN - (18"x24") EA. 6 750.00 $ 4,500.00 $ 650.00 $ 3,900.00 $ 350.00 $ 2,100.00 $ 350.00 $ 2,100.00 $ 14 FURNISH AND INSTALL R81A(CA) SIGN EA. 1 200.00 $ 200.00 $ 85.00 $ 85.00 $ 100.00 $ 100.00 $ 100.00 $ 100.00 $ 15 FURNISH AND INSTALL R3-7R "RIGHT LANE MUST TURN RIGHT" SIGN. (30"x30") EA. 2 400.00 $ 800.00 $ 775.00 $ 1,550.00 $ 350.00 $ 700.00 $ 350.00 $ 700.00 $ 16 FURNISH AND INSTALL R4-4 "BEGIN RIGHT TURN LANE YIELD TO BIKES" SIGN. (36"x30") EA. 2 400.00 $ 800.00 $ 815.00 $ 1,630.00 $ 350.00 $ 700.00 $ 350.00 $ 700.00 $ 17 FURNISH AND INSTALL STREET NAME SIGN EA. 4 250.00 $ 1,000.00 $ 1,000.00 $ 4,000.00 $ 350.00 $ 1,400.00 $ 350.00 $ 1,400.00 $ 18 REMOVE EXISTING STRIPING S.F. 157 10.00 $ 1,570.00 $ 5.50 $ 863.50 $ 20.18 $ 3,168.26 $ 20.00 $ 3,140.00 $ 19 INSTALL 12" SOLID LIMIT LINE/XWALK - THERMOPLASTIC L.F. 273 15.00 $ 4,095.00 $ 5.00 $ 1,365.00 $ 10.00 $ 2,730.00 $ 10.00 $ 2,730.00 $ 20 INSTALL WHITE THERMOPLASTIC PAVEMENT MARKINGS S.F. 291 20.00 $ 5,820.00 $ 19.25 $ 5,601.75 $ 10.00 $ 2,910.00 $ 10.00 $ 2,910.00 $ 21 INSTALL 6" YELLOW CENTERLINE - THERMOPLASTIC - DETAIL 22 L.F. 286 4.00 $ 1,144.00 $ 4.00 $ 1,144.00 $ 2.50 $ 715.00 $ 2.50 $ 715.00 $ 22 INSTALL 6" YELLOW MEDIAN ISLAND - THERMOPLASTIC - DETAIL 29 L.F. 2,483 4.00 $ 9,932.00 $ 6.50 $ 16,139.50 $ 5.00 $ 12,415.00 $ 5.00 $ 12,415.00 $ 23 INSTALL 6" WHITE CHEVRON LINE - BUFFER AREA - PAINT L.F. 3,305 1.00 $ 3,305.00 $ 0.75 $ 2,478.75 $ 3.00 $ 9,915.00 $ 3.00 $ 9,915.00 $ 24 INSTALL 6" BIKE LANE LINE - THERMOPLASTIC - DETAIL 39 & 39A L.F. 2,794 3.00 $ 8,382.00 $ 1.50 $ 4,191.00 $ 1.00 $ 2,794.00 $ 1.00 $ 2,794.00 $ GARZOLI AVE. PEDESTRIAN / LANDSCAPING IMPROVEMENTS

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

BHT Job # 25607
25 ADJUST/RELOCATE EXISTING SIGN EA. 5 300.00 $ 1,500.00 $ 1,750.00 $ 8,750.00 $ 800.00 $ 4,000.00 $ 500.00 $ 2,500.00 $ 26 INSTALL MASONRY BLOCK WALL WITH FOOTING - PER PLANS L.F. 2,535 260.00 $ 659,100.00 $ 300.00 $ 760,500.00 $ 286.50 $ 726,277.50 $ 300.00 $ 760,500.00 $ 27 INSTALL NEW IRRIGATION SYSTEM PER PLANS L.S. 1 250,000.00 $ 250,000.00 $ 118,000.00 $ 118,000.00 $ 125,500.00 $ 125,500.00 $ 181,000.00 $ 181,000.00 $ 28 NEW 24" BOX TREES EA. 48 650.00 $ 31,200.00 $ 650.00 $ 31,200.00 $ 500.00 $ 24,000.00 $ 550.00 $ 26,400.00 $ 29 NEW 5-GAL BUSHES EA. 144 65.00 $ 9,360.00 $ 35.00 $ 5,040.00 $ 40.00 $ 5,760.00 $ 30.00 $ 4,320.00 $ 30 NEW 1-GAL BUSHES EA. 282 25.00 $ 7,050.00 $ 15.00 $ 4,230.00 $ 20.00 $ 5,640.00 $ 12.00 $ 3,384.00 $ 31

LANDSCAPE SOILS AMENDMENTS/PREPARATION/ PLANT ESTABLISHMENT/ MAINTENANCE/ MISCELLANEOUS ITEMS L.S. 1 35,000.00 $ 35,000.00 $ 12,000.00 $ 12,000.00 $ 12,500.00 $ 12,500.00 $ 35,000.00 $ 35,000.00 $ 32 INSTALL REDWOOD BARK CHIPS MULCHING - 2" DEPTH C.Y. 171 150.00 $ 25,650.00 $ 75.00 $ 12,825.00 $ 100.00 $ 17,100.00 $ 115.00 $ 19,665.00 $ 33

FURNISH AND INSTALL AREA LIGHT/POLE/FOOTING AND RELATED ELEC ITEMS PER PLANS EA. 13 42,000.00 $ 546,000.00 $ 31,500.00 $ 409,500.00 $ 31,500.00 $ 409,500.00 $ 31,500.00 $ 409,500.00 $ 34 PLUG AND CAP SSJMUD IRRIGATION LINE L.S. 1 20,000.00 $ 20,000.00 $ 12,000.00 $ 12,000.00 $ 8,000.00 $ 8,000.00 $ 30,000.00 $ 30,000.00 $ 35 PREPARE AND IMPLEMENT EROSION CONTROL PLAN L.S. 1 7,500.00 $ 7,500.00 $ 4,000.00 $ 4,000.00 $ 7,000.00 $ 7,000.00 $ 2,500.00 $ 2,500.00 $ 36 TEMPORARY TRAFFIC CONTROL L.S. 1 100,000.00 $ 100,000.00 $ 40,000.00 $ 40,000.00 $ 62,104.24 $ 62,104.24 $ 75,000.00 $ 75,000.00 $ Date Updated: 06/01/26. By: JMP Construction Subtotal Based Bid: 2,659,950.00 $ 2,288,333.00 $ 2,414,999.00 $ 2,602,735.00 $

BHT ENGINEERING, INC.

Civil Engineering & Construction Management
218 S. “H” Street, Ste. 203
Bakersfield, CA 93304
(661) 558-4641
T:\6-McFARLAND\DOC\2025 Projects\25607 - GARZOLI AVE - PED-LAND IMPROVEMENTS\BIDDING PHASE\LOW BID REVIEW\Garzoli Ave - Low Bid Analysis.doc

Memorandum
Transmitted by email on 06/02/26
[email protected]
[email protected]
TO: Yerlys Hernandez
City of McFarland, Public Works Director
401 W. Kern Ave.

McFarland, CA 93250
FROM: Juan M. Pantoja
Project Manager / Engineer
DATE: June 2, 2026
SUBJECT: Low Bid Analysis for the Garzoli Ave. Pedestrian / Landscaping Improvements project A. The City of McFarland received a total of Three (3) bids for the subject project. Bids were opened on May 28, 2026, at 2:15 pm, by the Public Works Director. Bids ranged from a low of $2,288,333.00 to a high of $2,602,735.00; with an average bid of $2,435,355.67. The 3 received bids are:

Bidder Bid Amount
Bowman Asphalt $2,288,333.00
CEN-CAL Construction $2,414,999.00
Griffith Company $2,602,735.00
Bowman Asphalt, Inc. submitted the low Bid of $2,288,333.00, which was about 14% lower than the engineer's estimate of $2,659,950.00. The highest bid of $2,602,735.00 was about 2% lower than the engineer’s estimate.

B. BHT Engineering, Inc. proceeded to review the lowest bidder, Bowman Asphalt, Inc., and verified the bidder's proposal as follows:

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

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

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

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

Bowman Asphalt, Inc. 862672, A 08/31/2027 1000003010
Harker Striping 615222, C32 04/30/2027 1000004812
Landscape Development 450067, A, C27 12/31/2027 1000024024 Loop Electric 496032, A, C10, C31 02/29/28 1000002630

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

T:\6-McFARLAND\DOC\2025 Projects\25607 - GARZOLI AVE - PED-LAND IMPROVEMENTS\BIDDING PHASE\LOW BID REVIEW\Garzoli Ave - Low Bid Analysis.doc Page 2 of 2

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

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

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

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

C. Recommendation of Award:

Bowman Asphalt, Inc. is the lowest responsive bidder based on the stated basis of award. If a construction contract is awarded, it is recommended that the contract be awarded to Bowman Asphalt, Inc.

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

BHT Job # 25607
BID OPENING: MAY 28, 2026 @ 2:15 PMTHREE (3) BIDS TOTAL RECEIVED. Three (3) Lowest Bids Shown ITEM UNIT OF EST. UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. MEASURE QNTY. COST COST COST COST COST COST COST COST 1 CLEARING & GRUBBING, SITE DEMOLITION, EXCAVATION, BACKFILL, GRADING, COMPACTION, BALANCE ROADWAY/SITE TO NEW GRADES, HAUL-OFF EXCESS MATERIALS L.S. 1 150,000.00 $ 150,000.00 $ 253,225.03 $ 253,225.03 $ 303,681.00 $ 303,681.00 $ 367,987.00 $ 367,987.00 $ 2 CLASS 2 AGGREGATE BASE TON 4,270 48.00 $ 204,960.00 $ 26.00 $ 111,020.00 $ 44.00 $ 187,880.00 $ 28.00 $ 119,560.00 $ 3 TYPE "A" HOT MIX ASPHALT TON 1,997 130.00 $ 259,610.00 $ 100.00 $ 199,700.00 $ 105.00 $ 209,685.00 $ 105.00 $ 209,685.00 $ 4 INSTALL ADA CURB RAMP (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) EA. 4 5,000.00 $ 20,000.00 $ 3,800.00 $ 15,200.00 $ 4,000.00 $ 16,000.00 $ 3,750.00 $ 15,000.00 $ 5 INSTALL 4" THICK CONCRETE SIDEWALK (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 90%) S.F. 13,556 9.00 $ 122,004.00 $ 7.50 $ 101,670.00 $ 7.50 $ 101,670.00 $ 9.75 $ 132,171.00 $ 6 INSTALL CURB & GUTTER (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 95%) L.F. 2,637 39.00 $ 102,843.00 $ 32.31 $ 85,201.47 $ 32.00 $ 84,384.00 $ 26.00 $ 68,562.00 $ 7 INSTALL 8"-THICK CONCRETE APRON / XGUTTER (INCLUDES LAYOUT, SCARIFY 12" NATIVE MATERIAL, GRADE, & COMPACT TO 95%) S.F. 1,351 25.00 $ 33,775.00 $ 18.00 $ 24,318.00 $ 20.00 $ 27,020.00 $ 32.00 $ 43,232.00 $ 8 INSTALL STANDARD CATCH BASIN/STORM MANHOLE EA. 1 7,500.00 $ 7,500.00 $ 12,500.00 $ 12,500.00 $ 17,500.00 $ 17,500.00 $ 30,000.00 $ 30,000.00 $ 9 ADJUST MANHOLE TO NEW GRADE EA. 5 1,800.00 $ 9,000.00 $ 2,600.00 $ 13,000.00 $ 1,800.00 $ 9,000.00 $ $ 3,200.00 $ 16,000.00 10 FURNISH AND INSTALL SOLAR-POWERED FLASHING LED STOP SIGN - R1-1 (30"X30") EA. 3 $ 5,000.00 $ 15,000.00 $ 3,500.00 $ 10,500.00 $ 3,500.00 $ 10,500.00 $ 3,500.00 $ 10,500.00 11 FURNISH AND INSTALL W3-1 "STOP AHEAD" SIGN - (36"x36") EA. 1 $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 350.00 $ 350.00 $ 350.00 $ 350.00 12 FURNISH AND INSTALL "ALL WAY" SIGN - R1-4 (18"X6") EA. 3 $ 200.00 $ 600.00 $ 85.00 $ 255.00 $ 100.00 $ 300.00 $ 100.00 $ 300.00 13 FURNISH AND INSTALL R7-9 SIGN - (18"x24") EA. 6 $ 750.00 $ 4,500.00 $ 650.00 $ 3,900.00 $ 350.00 $ 2,100.00 $ 350.00 $ 2,100.00 14 FURNISH AND INSTALL R81A(CA) SIGN EA. 1 $ 200.00 $ 200.00 $ 85.00 $ 85.00 $ 100.00 $ 100.00 $ 100.00 $ 100.0015 FURNISH AND INSTALL R3-7R "RIGHT LANE MUST TURN RIGHT" SIGN. (30"x30") EA. 2 $ 400.00 $ 800.00 $ 775.00 $ 1,550.00 $ 350.00 $ 700.00 $ 350.00 $ 700.00 16 FURNISH AND INSTALL R4-4 "BEGIN RIGHT TURN LANE YIELD TO BIKES" SIGN. (36"x30") EA. 2 $ 400.00 $ 800.00 $ 815.00 $ 1,630.00 $ 350.00 $ 700.00 $ 350.00 $ 700.00 17 FURNISH AND INSTALL STREET NAME SIGN EA. 4 $ 250.00 $ 1,000.00 $ 1,000.00 $ 4,000.00 $ 350.00 $ 1,400.00 $ 350.00 $ 1,400.00 18 REMOVE EXISTING STRIPING S.F. 157 $ 10.00 $ 1,570.00 $ 5.50 $ 863.50 $ 20.18 $ 3,168.26 $ 20.00 $ 3,140.00 19 INSTALL 12" SOLID LIMIT LINE/XWALK - THERMOPLASTIC L.F. 273 $ 15.00 $ 4,095.00 $ 5.00 $ 1,365.00 $ 10.00 $ 2,730.00 $ 10.00 $ 2,730.00 20 INSTALL WHITE THERMOPLASTIC PAVEMENT MARKINGS S.F. 291 $ 20.00 $ 5,820.00 $ 19.25 $ 5,601.75 $ 10.00 $ 2,910.00 $ 10.00 $ 2,910.00 21 INSTALL 6" YELLOW CENTERLINE - THERMOPLASTIC - DETAIL 22 L.F. 286 $ 4.00 $ 1,144.00 $ 4.00 $ 1,144.00 $ 2.50 $ 715.00 $ 2.50 $ 715.00 22 INSTALL 6" YELLOW MEDIAN ISLAND - THERMOPLASTIC - DETAIL 29 L.F. 2,483 $ 4.00 $ 9,932.00 $ 6.50 $ 16,139.50 $ 5.00 $ 12,415.00 $ 5.00 $ 12,415.00 23 INSTALL 6" WHITE CHEVRON LINE - BUFFER AREA - PAINT L.F. 3,305 $ 1.00 $ 3,305.00 $ 0.75 $ 2,478.75 $ 3.00 $ 9,915.00 $ 3.00 $ 9,915.00 24 INSTALL 6" BIKE LANE LINE - THERMOPLASTIC - DETAIL 39 & 39A L.F. 2,794 $ 3.00 $ 8,382.00 $ 1.50 $ 4,191.00 $ 1.00 $ 2,794.00 $ 1.00 $ 2,794.00 GARZOLI AVE. PEDESTRIAN / LANDSCAPING IMPROVEMENTS

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

BHT Job # 25607
25 ADJUST/RELOCATE EXISTING SIGN EA. 5 $ 300.00 $ 1,500.00 $ 1,750.00 $ 8,750.00 $ 800.00 $ 4,000.00 $ 500.00 $ 2,500.00 26 INSTALL MASONRY BLOCK WALL WITH FOOTING - PER PLANS L.F. 2,535 260.00 $ 659,100.00 $ 300.00 $ 760,500.00 $ 286.50 $ 726,277.50 $ 300.00 $ 760,500.00 $ 27 INSTALL NEW IRRIGATION SYSTEM PER PLANS L.S. 1 250,000.00 $ 250,000.00 $ 118,000.00 $ 118,000.00 $ 125,500.00 $ 125,500.00 $ 181,000.00 $ 181,000.00 $ 28 NEW 24" BOX TREES EA. 48 $ 650.00 $ 31,200.00 $ 650.00 $ 31,200.00 $ 500.00 $ 24,000.00 $ 550.00 $ 26,400.00 29 NEW 5-GAL BUSHES EA. 144 $ 65.00 $ 9,360.00 $ 35.00 $ 5,040.00 $ 40.00 $ 5,760.00 $ 30.00 $ 4,320.00 30 NEW 1-GAL BUSHES EA. 282 $ 25.00 $ 7,050.00 $ 15.00 $ 4,230.00 $ 20.00 $ 5,640.00 $ 12.00 $ 3,384.00 31 LANDSCAPE SOILS AMENDMENTS/PREPARATION/ PLANT ESTABLISHMENT/ MAINTENANCE/ MISCELLANEOUS ITEMS L.S. 1 35,000.00 $ $ 35,000.00 $ 12,000.00 $ 12,000.00 $ 12,500.00 $ 12,500.00 $ 35,000.00 $ 35,000.00 32 INSTALL REDWOOD BARK CHIPS MULCHING - 2" DEPTH C.Y. 171 $ 150.00 $ 25,650.00 $ 75.00 $ 12,825.00 $ 100.00 $ 17,100.00 $ 115.00 $ 19,665.00 33 FURNISH AND INSTALL AREA LIGHT/POLE/FOOTING AND RELATED ELEC ITEMS PER PLANS EA. 13 42,000.00 $ $ 546,000.00 $ 31,500.00 $ 409,500.00 $ 31,500.00 $ 409,500.00 $ 31,500.00 $ 409,500.00 34 PLUG AND CAP SSJMUD IRRIGATION LINE L.S. 1 20,000.00 $ $ 20,000.00 $ 12,000.00 $ 12,000.00 $ 8,000.00 $ 8,000.00 $ 30,000.00 $ 30,000.0035 PREPARE AND IMPLEMENT EROSION CONTROL PLAN L.S. 1 7,500.00 $ $ 7,500.00 $ 4,000.00 $ 4,000.00 $ 7,000.00 $ 7,000.00 $ 2,500.00 $ 2,500.00 36 TEMPORARY TRAFFIC CONTROL L.S. 1 $ 100,000.00 100,000.00 $ $ 40,000.00 $ 40,000.00 $ 62,104.24 $ 62,104.24 $ 75,000.00 $ 75,000.00 Date Updated: 06/01/26. By: JMP Construction Subtotal Based Bid: 2,659,950.00 $ 2,288,333.00 $ 2,414,999.00 $ 2,602,735.00 $

Data current as of 6/2/2026 12:56:53 PM

Contractor's License Detail for License #
862672
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

BOWMAN ASPHALT INC
3333 GIBSON STREET
BAKERSFIELD, CA 93308
Business Phone Number:(661) 334 1356
Entity Corporation
Issue Date 08/10/2005
Expire Date 08/31/2027
License Status
This license is current and active.

All information below should be reviewed.

Classifications

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

Bond Number: 100737606
Bond Amount: $25,000
Effective Date: 04/28/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual JOSE LUIS HERNANDEZ no longer owns 10 percent or more of the voting stock/membership interest of this company; therefore, a Bond of Qualifying Individual is required.

Effective Date: 05/17/2023
Cancellation Date: 06/17/2026
BQI's Bond History
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

Copyright © 2026 State of California
Workers' Compensation
This license has workers compensation insurance with the FEDERAL INSURANCE COMPANY Policy Number:54309525
Effective Date: 10/01/2023
Expire Date: 10/01/2026
Workers' Compensation History
Workers' compensation classification code(s):
5506 Street/Road Construction paving
8810 - Clerical Office Employees
5507 - Street/Road Construction-grading
For a description of the workers' compensation classification code(s) listed for this licensee, contact the licensee’s insurance carrier. Contact information for the licensee's insurer is available by clicking the insurer link above.

Classification codes are also available on the Workers' Compensation Insurance Rating Bureau's classification search page.

The board does not verify or investigate the accuracy of classification codes displayed.

Other
 Personnel listed on this license (current or disassociated) are listed on other licenses.

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Data current as of 6/2/2026 12:57:47 PM

Contractor's License Detail for License #
615222
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

HARKER INC

DBA HARKER STRIPING & SIGNAGE
16010 TRADITION CT
BAKERSFIELD, CA 93314
Business Phone Number:(661) 589 1810
Entity Corporation
Issue Date 03/16/1991
Reissue Date 04/27/1993
Expire Date 04/30/2027
License Status
This license is current and active.

All information below should be reviewed.

Classifications
C32 PARKING AND HIGHWAY IMPROVEMENT
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY .

Bond Number: SC401238
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual NICHOLAS MICHAEL HARKER certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 06/01/2005
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.

Copyright © 2026 State of California
Workers' Compensation
This license has workers compensation insurance with the ZURICH AMERICAN INSURANCE

COMPANY
Policy Number:WC237334900
Effective Date: 10/01/2025
Expire Date: 10/01/2026
Workers' Compensation History
Workers' compensation classification code(s):
5506 Street/Road Construction paving
5474 - Description Unavailable
For a description of the workers' compensation classification code(s) listed for this licensee, contact the licensee’s insurance carrier. Contact information for the licensee's insurer is available by clicking the insurer link above. Classification codes are also available on the Workers' Compensation Insurance Rating Bureau's classification search page.

The board does not verify or investigate the accuracy of classification codes displayed.

Miscellaneous Information
 04/28/1993 LICENSE REISSUED TO ANOTHER ENTITY
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Accessibility Certification

Data current as of 6/2/2026 12:58:32 PM

Contractor's License Detail for License #
450067
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

LANDSCAPE DEVELOPMENT INC
28447 WITHERSPOON PARKWAY
VALENCIA, CA 91355
Business Phone Number:(661) 295 1970
Entity Corporation
Issue Date 12/16/1983
Expire Date 12/31/2027
License Status
This license is current and active.

All information below should be reviewed.

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

Bond Number: SC1048720
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual GARY RICHARD HORTON certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 05/11/1984
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C27 - LANDSCAPING
 A - GENERAL ENGINEERING

Copyright © 2026 State of California
Workers' Compensation
This license has workers compensation insurance with the NATIONAL UNION FIRE INSURANCE

COMPANY OF PITTSBURGH, PA
Policy Number:72113425
Effective Date: 10/02/2025
Expire Date: 04/01/2027
Workers' Compensation History
Workers' compensation classification code(s):
0042 Landscape Gardening
8742 - Salespersons-Outside
8810 Clerical Office Employees
For a description of the workers' compensation classification code(s) listed for this licensee, contact the licensee’s insurance carrier. Contact information for the licensee's insurer is available by clicking the insurer link above. Classification codes are also available on the Workers' Compensation Insurance Rating Bureau's classification search page.

The board does not verify or investigate the accuracy of classification codes displayed.

Other
 Personnel listed on this license (current or disassociated) are listed on other licenses.

Back to Top Conditions of Use
Privacy Policy Accessibility
Accessibility Certification

Data current as of 6/2/2026 12:59:36 PM

Contractor's License Detail for License #
496032
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

LOOP ELECTRIC INC
7040 DOWNING AVENUE
BAKERSFIELD, CA 93308
Business Phone Number:(661) 588 0577
Entity Corporation
Issue Date 07/31/1986
Reissue Date 02/06/2006
Expire Date 02/29/2028
License Status
This license is current and active.

All information below should be reviewed.

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

Bond Number: SC1041642
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual ANDREW FRED KITSCH certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

Effective Date: 04/28/2010
BQI's Bond History
CSLB complaint disclosure is restricted by law ( B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
 Only construction related civil judgments reported to CSLB are disclosed ( B&P 7071.17 ).  Arbitrations are not listed unless the contractor fails to comply with the terms.  Due to workload, there may be relevant information that has not yet been entered into the board's license database.  C10 - ELECTRICAL
 C31 CONSTRUCTION ZONE TRAFFIC CONTROL
 A - GENERAL ENGINEERING

Copyright © 2026 State of California
Workers' Compensation
This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY

COMPANY OF AMERICA
Policy Number:UB6J647952252SG
Effective Date: 10/01/2025
Expire Date: 10/01/2026
Workers' Compensation History
Workers' compensation classification code(s):
6325 Conduit Construction/Underground Wiring
8810 - Clerical Office Employees
For a description of the workers' compensation classification code(s) listed for this licensee, contact the licensee’s insurance carrier. Contact information for the licensee's insurer is available by clicking the insurer link above. Classification codes are also available on the Workers' Compensation Insurance Rating Bureau's classification search page.

The board does not verify or investigate the accuracy of classification codes displayed.

Miscellaneous Information
 02/06/2006 LICENSE REISSUED TO ANOTHER ENTITY
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133

CONTRACT DOCUMENTS
(TO BE EXECUTED BY SUCCESSFUL BIDDER)

134
AGREEMENT NO. _________

PUBLIC WORKS AGREEMENT
By and Between

CITY OF MCFARLAND
and
BOWMAN ASPHALT, INC.

135
AGREEMENT NO. ___________

PUBLIC WORKS AGREEMENT

BETWEEN

THE CITY OF MCFARLAND
AND
____________________________.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this 10th day of June, 2026 by and between the CITY OF MCFARLAND, a municipal corporation (“City”) and BOWMAN ASPHALT., a California Corporation. (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.”

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

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

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

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

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Contract Documents for the project entitled Garzoli Ave. Pedestrian/Landscaping Improvements (“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 this Agreement shall govern.

136

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.
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor

137
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 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,

138
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 and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

139

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 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,

140
shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Contract Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work or materials at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.

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

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

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

In the event of any inconsistency between the applicable Uniform Requirements and the other provisions of the Agreement, the applicable Uniform Requirements shall prevail. (b) Grant Requirements. In the Project is funded in whole or in part by any grant funds, as indicated in the Contract Documents, City and Contractor shall comply with all requirements and conditions of the grant(s), which are incorporated herein by this reference.

1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. (If REQUIRED CONTRACT PROVISIONS FOR 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 Million, Two Hundred Eighty Eight Thousand, Three Hundred and Thirty Three Dollars and Zero Cents($2,288,333.00) (“Contract

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Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Contract Documents and this Agreement. The Contract Sum shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Contract Documents unless the Bid or Contract Documents explicitly provide for a lump sum payment.

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

2.2 Invoices.

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

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

2.3 Payment.

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

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2.4 Retention; Substitution of Securities.

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

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within One Hundred (100) consecutive working days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance with any schedule contained in or required to be provided by the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply as set forth below.

3.2 Force Majeure.

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

3.3 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.4 Inspection and Final Acceptance.

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

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced, nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

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

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

4.3 Project Manager.

The “Project Manager” for the City shall be the City Engineer or any other person as may be designated

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

4.4 Independent Contractor.

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

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification obligation to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 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.

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(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.
(d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation.

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

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior 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.

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

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(l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other Party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
(n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractor’s) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, negligence or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by the Contractor (or it employees /agents) or its subcontractors (or their employees / agents) during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage 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

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unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

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

5.4 Notification of Third-Party Claims.

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

5.5 Performance and Labor Bonds.

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

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

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

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified

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

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

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

6.2 Reports.

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

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation 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

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City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse, or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager. (b) Contractor, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent, or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the work performed with respect to the Project. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Termination.

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

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

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

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

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

4. Statement of grounds for the claim.

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

6. Analysis of the claim’s time/schedule impact, if any.

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

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iii. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. iv. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (g) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(h) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
(i) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
i. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
ii. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of 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.

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iii. Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
iv. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo.

7.4 Waiver.

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

7.5 Rights and Remedies are Cumulative.

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

7.6 Unfair Business Practices Claims.

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

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in 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.

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

Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

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

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

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

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

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

9.6 Severability.

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

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, 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

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Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third Party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third Party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

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

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

CITY:

CITY OF MCFARLAND, a municipal
corporation
Saul Ayon, Mayor
ATTEST:
, City Clerk
APPROVED AS TO FORM:

HODGES LAW GROUP
By:

Nathan M. Hodges, City Attorney
CONTRACTOR:
____________________
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.

Erika De La Cruz

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PAGE LEFT BLANK INTENTIONALLY

160

EXHIBIT A
CONTRACTOR’S BID

161

EXHIBIT B

SPECIAL REQUIREMENTS

PERFORMANCE BOND
WHEREAS, the CITY OF MCFARLAND, (“City”), has awarded to ____________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:
_____________________________;
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 ___________________________ ($______________) 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 , 2025 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 _________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: ___________________; 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 _______________________________ ($_______________), 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 a lawsuit concerning the enforcement of this bond, Contractor / Principal and surety shall pay City or any entity or person reasonable attorney’s fees incurred, but in no event shall the surety be liable in the aggregate for more than the penal sum of this Payment Bond.

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 , 2025 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: _________________________
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.

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 such defects.

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

GENERAL LIABILITY SPECIAL ENDORSEMENT (Exhibit 1)
GENERAL 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 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: _____________

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)

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: __________

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

Effective Date

PRODUCER
Telephone:

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

Insurance Company:

Policy Number:

Policy Period:

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

Name:

Address:

Telephone:

EMPLOYERS LIABILITY LIMITS
$ Each Accident
$ Disease - Policy Limit
$ Disease - Each Employee
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:_____________

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 Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
Garage Utility
Combined Single Limit $
Bodily Injury (per person) $
Bodily Injury (per accident) $
Property Damage $
Excess Liability
Umbrella Form
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. _________________________________________________

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 lease as broad as:

1. Insurance Services Office Commercial General Liability form CG 00 01.

2. Insurance Services Office form number CA 00 01 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" and endorsement CA 0025.

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.

5. Pollution Liability Insurance.

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

1. General Liability: $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage.

2. Automobile Liability: $1,000,000 combined single limit 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.

5. Pollution Liability Insurance: $1,000,000 per claim and in the aggregate 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.

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
City Council Meeting

STAFF REPORT
Agenda Item No. 16.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: June 10, 2026
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
SUBJECT: ADOPTION OF THE FISCAL YEAR 2026-27 ANNUAL OPERATING BUDGET, 2026-31 CAPITAL IMPROVEMENT PROGRAM, AND ANNUAL

APPROPRIATIONS LIMIT
SUMMARY:

It is my privilege to present the Proposed Annual Operating Budget and Capital Improvement Program (CIP) for Fiscal Year 2026–2027 for the City of McFarland. This budget reflects a continued commitment to fiscal discipline, strategic infrastructure investment, and service delivery that meets the evolving needs of our community.

The past year was one of substantial progress and persistent challenges. We continued to strengthen our financial foundation, advanced critical infrastructure projects, expanded public safety capabilities, and furthered efforts to position McFarland for long-term economic growth.

This budget builds on the priorities previously established by the City Council:
• Stabilize City Finances
• Sustainable Infrastructure
• Neighborly and Safe Community
• Efficient and Effective Government
These guiding pillars remain central to our budget development process and inform the allocation of our limited resources in a manner that maximizes impact and long-term benefit to our residents.

GENERAL FUND OVERVIEW
The General Fund remains the primary operating fund supporting essential municipal services, including public safety, community development, public works, administration, and support services.

The Fiscal Year 2026–2027 Budget reflects a balanced approach that prioritizes core services while acknowledging ongoing financial pressures. Departments were directed to carefully evaluate operating requests and identify efficiencies wherever possible.

The City's largest cost drivers continue to be personnel, public safety operations, fire services, workers' compensation, liability insurance, and employee benefits. Despite these pressures, the City has continued investing strategically in staffing, technology, and operational improvements that support long-term efficiency and service delivery.

The City remains committed to maintaining financial transparency, strengthening reserves, and ensuring that limited General Fund resources are allocated in a manner consistent with Council priorities.

ENTERPRISE FUNDS OVERVIEW
Enterprise funds are established for operations that offer services to the public on a user charge basis. These include our water, wastewater, refuse and recycling, and public transportation services.

Current projections indicate that both the Water and Sewer Funds maintain unrestricted fund balance levels above the City's established reserve targets. While these reserves provide short-term stability, they remain insufficient to independently fund the substantial capital investments required to maintain and expand utility infrastructure over the long term.

As a result, the City continues pursuing external funding opportunities, including State

Revolving Fund financing, Community Project Funding appropriations, grant opportunities, and developer participation agreements to help address future infrastructure needs.

Utility operations continue benefiting from organizational efficiencies, cross-training initiatives, and investments in equipment and technology that improve reliability while reducing dependence on outside contractors.

CAPITAL IMPROVEMENT PROGRAM (CIP)
The Capital Improvement Program represents the City's strategic blueprint for infrastructure enhancement and development over the next five years.

Several significant projects outlined in the Fiscal Year 2026–2027 CIP reflect the comprehensive approach we are taking to improve the City's infrastructure and quality of life:

1. New Police Station & Community Center: Continued construction of a modern public safety and community services facility.

2. Elmo and Perkins Municipal Wells: Transformational investments in water reliability, system redundancy, and future growth capacity..

3. Wastewater Treatment Plant Expansion: Critical improvements necessary to support future residential, commercial, and industrial growth.

4. Transportation Infrastructure Improvements: Road rehabilitation, pedestrian improvements, bridge enhancements, and traffic safety projects throughout the community.

5. Community Pool Restoration Initiative: Working collaboratively with the Recreation and Park District and School District to restore a vital community asset for future generations.

These capital projects are investments in McFarland's future and are essential to maintaining quality public services, supporting economic growth, and enhancing the quality of life enjoyed by our residents.

In addition, under the Gann Spending-Limitation Initiative (Article XIII B of the State Constitution) adopted as Proposition 4 in June 1979 (and subsequently modified by Proposition 111 in June 1990), the City is required to annually adopt a resolution setting an appropriations limit for the upcoming fiscal year. For 2026-2027, the City's appropriations subject to limitation are about $6.7 million, which is far less than the calculated limit of $23.5 million.

Background and Key Concepts
The Gann Spending-Limitation Initiative provides for the limitation of state and local government appropriations. As discussed in the following summary of the major provisions of the Gann Initiative and Proposition 111 modifications, the Gann Initiative is actually a limitation on tax revenues rather than a direct limitation on appropriations.

1. Appropriations subject to limitation may not exceed appropriations made in 1978-79 except as adjusted for increases in the cost of living, population and service responsibility transfers.

2. Appropriations financed through service fees (to the degree that they do not exceed the cost of performing the service), grant programs, fines and forfeitures, and other specified "rì.orì-tax" sources are not subject to the appropriations limit. Additionally, appropriations for long-term indebtedness incurred prior to 1978-79, debt service on qualified capital outlays beginning in 1990-9I, qualified capital outlays in excess of $100,000 and increased costs as a result of federally mandated programs, are also excluded from the limit. Essentially, with the exception of major capital-related expenditures, only appropriations funded through tax revenues are subject to limitation.

3. For the purpose of identifying "proceeds from taxes" under the Gann Initiative, state subventions that are unrestricted as to their use are considered to be tax sources. On the other hand, the use of subventions like gas tax and transportation development act funds is restricted by the State, and as such, is classified as non-tax sources.

4. Under the original Gann Initiative, all proceeds from taxes received in excess of the appropriations limit were required to be returned through refunds or revisions in tax rates and fee schedules within the next two fiscal years; or voter approval to increase the appropriations limit was required. Proposition 111 provides a one-year carryover feature to determine excess revenues under which refunds can be avoided if in the subsequent year the City is below the limit by the amount of the prior year excess. Any voter-approved increase to the appropriations limit cannot exceed four years.

5. Originally, the Gann Initiative was self-executing, requiring no formal review; however, Proposition 111 requires that the annual calculation be reviewed as part of the annual financial audit.

6. Major concepts in implementing the Gann Initiative as modified by Proposition 111 include: appropriations funded through tax sources are subject to the limit, not actual expenditures; and any excess of actual tax revenues over the appropriations limit, not actual expenditures or appropriations, are subject to refund.

Adjustment Factors
The annual adjustment factors for changes in population and cost of living for the

appropriations limit calculation must be selected by a recorded vote of the Council, and include the following:

1. Population. Based on data provided annually by the State Department of Finance, cities may annually choose either the growth in their city's or the county's population.

For this year's calculation, the City's population growth factor of .72% is the recommended adjustment factor.

2. Cost of living. Local governments may annually choose either the percentage change in California per capita personal income or the percentage change in their jurisdiction's assessed valuation that is attributable to non-residential new construction.For this year's calculation, due to delays in obtaining the assessed valuations from the Kern County Assessor Office, the percentage change in California per capita personal income is the recommended adjustment factor at 4.95%.

Calculation Summary
The City’s appropriations limit for 2026-27 is $23,509,765, calculated as follows:

FINANCIAL IMPACT:

Proposed citywide appropriations for fiscal year 2026-27 are $29,722,731.

RECOMMENDATION:

Staff recommends that the City Council:

1. Approve and adopt the proposed annual operating budget for the fiscal year 2026- 2027.

2. Approve and adopt the 2026-2031 Capital Improvement Program.

3. Approve and adopt the 2026-2027 Appropriations Limit of $23,509,765 ATTACHMENTS:

1. 26-27 Budget Book Draft

CITY OF MCFARLAND PRELIMINARY
FISCAL YEAR 2026-2027

BUDGET BUDGET
1957 & CAPITAL IMPROVEMENT

PROGRAM
DRAFT

Table of Contents

CITY OF MCFARLAND
C. FUND FINANCIAL SCHEDULES
General Fund
Revenues, Expenditures, and Changes in Fund Balance...................................................35 General Fund Expenditures by Function and Type Pie Chart............................................37 General Fund Revenues Pie Chart.................................................................................38 General Fund Revenue and Expenditures Trends: 2023-24 to 2026-27............................39 General Fund Revenue Detail.......................................................................................40 General Fund Expenditure Detail..................................................................................41 General Fund Revenues & Expenditures by Department/Division Support Services
City Council................................................................................................................52 City Manager...............................................................................................................56 City Clerk....................................................................................................................60 Human Resources/Risk Management..............................................................................64 Finance/Accounting.....................................................................................................68 Non-Departmental........................................................................................................72 Information Technology.................................................................................................76 Community Development
Planning.......................................................................................................................81 Building Inspection.......................................................................................................86 Grant Administration....................................................................................................90 Communication/Marketing............................................................................................94 Public Safety
Police Services.............................................................................................................99 Animal Control/Code Enforcement..............................................................................104 Public Works
Engineering................................................................................................................112 Streets.......................................................................................................................116 Facilites Maintenance.................................................................................................120 Community Center......................................................................................................124 A. INTRODUCTION
B. CITYWIDE FINANCIAL SUMMARY
Mission and Vision........................................................................................................01 McFarland's History......................................................................................................02 Community Profile........................................................................................................03 City Council................................................................................................................04 Organizational Chart...................................................................................................05 Budget Message...........................................................................................................06 Budget and Fiscal Policies.............................................................................................14 Guide to Reading and Understanding the Budget...........................................................26 All Funds Combined: Revenues, Expenditures and Changes in Fund Balance.....................30 Appropriations by Department and Fund........................................................................31 Expenditures by Fund Type Pie Chart.............................................................................32 Revenues by Fund Type Pie Chart..................................................................................32 Five Year Capital Improvement Pie Chart......................................................................33 DRAFT

D. CAPITAL IMPROVEMENT PROGRAM (CIP)
E. STAFFING
F. APPENDIX
Overview....................................................................................................................201 CIP Expenditure Summary by Funding Source and Category..........................................202 CIP Project Descriptions..............................................................................................206 Position and Salary Range List.....................................................................................243 Salary & Benefits Distribution Recap...........................................................................244 Full-Time Equivalent Positions.....................................................................................245 Budget Calendar........................................................................................................250 Appropriations Limit....................................................................................................251 Glossary....................................................................................................................252 Budget Resolutions.....................................................................................................259 Special Revenue Funds
Transporation Development Act Fund...........................................................................129 Lighting & Landscaping Assessment Districts Fund........................................................133 Community Facilities Districts Fund..............................................................................137 Gas Tax Fund.............................................................................................................141 Road Maintenance and Rehab (SB1) ............................................................................145 COPS Grant...............................................................................................................149 Development Impact Fees...........................................................................................153 Miscellaneous Grants..................................................................................................157 CALHOME Grant.........................................................................................................161 Community Development Block Grant...........................................................................165 Measure M Sales Tax...................................................................................................167 Measure O Business Tax..............................................................................................170 Measure C Sales Tax...................................................................................................173 Enterprise Funds
Sewer Fund................................................................................................................177 Refuse and Recycling Fund..........................................................................................182 Water Fund................................................................................................................186 Public Transportation Fund...........................................................................................191 Trust & Agency Funds
McFarland Improvement Authority Fund........................................................................196 Table of Contents

CITY OF MCFARLAND
DRAFT

FY 2026–27 OUR MISSION
Adopted Annual Operating Budget
Fiscal year 2026-2027 | Mission and Vision
Advance a model of professionalism that ensures the delivery of high quality products and services, continuously improves efficiency and removes barriers for future development.

OUR CORE VALUES

TRADITION UNITY EXCELLENCE

WE EMBRACE

THE TRADITIONS

THAT SHAPED
OUR

COMMUNITY

AND GUIDE OUR
FUTURE.

WE BELIEVE

MCFARLAND IS

STRONGEST
WHEN

RESIDENTS,

STAFF, AND

LEADERS MOVE

FORWARD
TOGETHER.

WE BELIEVE

MCFARLAND IS

STRONGEST
WHEN

RESIDENTS,

STAFF, AND

LEADERS MOVE

FORWARD
TOGETHER.
1 DRAFT

The City of McFarland, California, is a small but vibrant community with deep agricultural roots and a rich history. Nestled in Kern County just 25 miles north of Bakersfield, McFarland spans 2.67 square miles and has grown steadily since its founding in 1907. Over the years, the city has experienced key milestones that continue to shape its identity and spirit today.
1907 – Founding of McFarland McFarland was founded by James Boyd McFarland, who purchased land in the
area and began developing the town.

His vision was to create an agricultural
hub in the fertile San Joaquin Valley.

McFarland experienced major growth as the
Central Valley’s agriculture industry boomed.

Families came from across the region to work in
farming, which shaped the city’s strong
agricultural roots. As a result McFarland
officially incorporated as a city, establishing
formal governance.
1965 – State Route 99 Expansion The expansion of State Route 99 brought better accessibility and growth to the city.

It helped link McFarland to neighboring
cities and the rest of California.

Between the 1970s and 1990s, McFarland experienced
steady population growth as agricultural jobs attracted new families. In response, the city expanded housing,
improved public facilities, and developed parks to
support the growing community.
2015 – City Spotlight in Film The release of Disney’s McFarland, USA brought national attention to the city,
showcasing McFarland’s community strength,
perseverance, and rich cultural roots through
the story of its legendary cross-country team.

McFarland remains a tight-knit, diverse community that
honors its agricultural roots while embracing growth. With recent annexations totaling in over 2,000 acres the city continues to invest in public safety, infrastructure, and economic development, strengthening its foundation while building toward a vibrant and sustainable future. McFarland is committed to preserving its history and improving the quality of life for all residents.
1970s–2000s – Steady Population Growth 1950s–60s – Rapid Population Growth Today – Investing Toward the Future McFarland Historical Timeline – Key Moments
Adopted Annual Operating Budget
2 DRAFT

0% 10% 20% 30% 40% 50%
Persons under 5 years
Persons under 18 years
Persons 18 to 65 years
Persons 65 years and over
Hispanic or Latino

87.8%
White

9.3%
Black or
African
American

0.9%
other

0.3%

LOCATION
Occupied Housing Units
Fiscal year 2026-2027 | City Overview

CITY OVERVIEW

STATISTICS &

DEMOGRAPHICS
McFarland, CA
2025 Population - 14,709

ETHNICITY

BREAKDOWN
McFarland is a vibrant, agriculture-based city
nestled in the heart of California’s San
Joaquin Valley along State Route 99 in Kern
County. Known as the “Heart of Agriculture,”
McFarland is rooted in a proud farming
tradition and recognized nationwide through
the inspiring story behind Disney’s McFarland,
USA. As one of the region’s fastest-growing
communities, McFarland is full of potential
and promise for the future.
2/3
of all jobs in the City are
Agriculture based.

AGE DISTRIBUTION
3,570
Average Household
Size for 2025 in
McFarland was 3.89

JOB FORCE
FY 2026–27 CITY OVERVIEW
Located right off Highway 99,
McFarland is just 2 hours from Los
Angeles, 4 hours from San Francisco
and Sacramento, and only a short
drive from the coast or local national
parks. Its central location makes it
easy to reach everything California
has to offer.

Adopted Annual Operating Budget
3 DRAFT

FY 2026–27 CITY COUNCIL
Saul Ayon
Ricardo Cano Maria Perez Anita Gonzalez Martin Gutierrez CITY COUNCIL McFarland CITY OF
Mayor
Mayor Pro Term
Council Member Council Member Council Member District 1 District 2 District 4

PROUDLY SERVING MCFARLAND WITH

LEADERSHIP, UNITY, AND A
COMMITMENT TO OUR COMMUNITY’S
FUTURE.
4 DRAFT

FY 2025–26 FY 2026–27 Tradition | Unity | Exellence FY 2025–26 Tradition | Unity | Excellence Finance Division
Accounting
Division
Information
Technology
Division
Human
Resources
Planning
Division
Communication
& Marketing
Division
Building
Inspection
Division
Grant
Management
Public Safety Police Activities
League Cadets Animal Services
Division
Code
Enforcement
Street
Division
Water
Division
Facilities
Maintenance
Division
Engineering
Services
Division
Construction
MSGMT Division
Wastewater
Division
Sanitation
Division
Public Transit
Division
Shop services
Division
Administrative
Services
Department
Community
Development
Department
Law
Enforcement
Department
Public Works
Department
Human
Resources/
Risk MSGM
Department
Fiscal year 2026-2027 | Organizational Chart
Adopted Annual Operating Budget

CITY OF MCFARLAND ORGANIZATIONAL CHART LLMD
Division
5 DRAFT

BUDGET MESSAGE
June 10, 2026
Honorable Mayor and City Council Members
It is my privilege to present the Adopted Annual Operating Budget and Capital Improvement Program (CIP) for Fiscal Year 2026–2027 for the City of McFarland. This budget reflects a continued commitment to fiscal discipline, strategic infrastructure investment, and service delivery that meets the evolving needs of our community.

The past year was one of substantial progress and persistent challenges. We continued to strengthen our financial foundation, advanced critical infrastructure projects, expanded public safety capabilities, and furthered efforts to position McFarland for long-term economic growth. This budget builds on the priorities previously established by the City Council:
 Stabilize City Finances
 Sustainable Infrastructure
 Neighborly and Safe Community
 Efficient and Effective Government
These guiding pillars remain central to our budget development process and inform the allocation of our limited resources in a manner that maximizes impact and long-term benefit to our residents.

Stabilize City Finances
The City enters Fiscal Year 2026–2027 with a stable financial position, though challenges remain. While revenues generated through Measures M and O continue to support essential City services, Fiscal Year 2026–2027 marks the first full budget cycle supported by Measure C, the voter-approved one-cent transaction and use tax approved by the community. The passage of Measure C reflects the trust and confidence residents have placed in the City Council and staff to continue building upon the progress achieved over the past several years. That trust carries with it a responsibility to ensure these resources are managed prudently, invested strategically, and utilized in a manner that delivers meaningful and lasting benefits to the residents of McFarland.

Despite these additional revenues, significant fiscal challenges remain. The City continues to experience substantial cost increases in fire services, workers' compensation, liability insurance, employee benefits, and public safety operations. These cost pressures require continued discipline and long-term planning to ensure the sustainability of essential municipal services.

One of the City Council's highest priorities for Measure C funding is the restoration and reopening of the community swimming pool, a facility owned by the McFarland Recreation and Park District that has 6 DRAFT