Agenda — Taft City Council, September 2, 2025

TAFT CITY COUNCIL/SUCCESSOR AGENCY

JOINT REGULAR MEETING AGENDA
TUESDAY, SEPTEMBER 2, 2025

CITY HALL COUNCIL CHAMBER
209 E. KERN ST., TAFT, CA 93268
_____________________________________________________________________________________________________________________________ City of Taft Council Meetings are being held in-person with full capacity seating and are livestreamed at https://www.youtube.com/user/CityofTaft. Public comment can be made in person and also can be received per the following:
• Written comments may be dropped off in the drop box in front of City Hall. • Comments may be emailed to the City Clerk at [email protected]. • Made by phone to the City Clerk’s office at (661) 763-1222. • Public comments will be accepted up until 5:00 PM the day of the meeting. • Any comments received will be read into the record.
_____________________________________________________________________________________________________________________________ REGULAR MEETING 6:00 P.M.

Pledge of Allegiance
Invocation
Roll Call: Mayor Noerr
Mayor Pro Tem Bryant
Councilmember Krier
Councilmember Waldrop
Councilmember Chavira

1. PROCLAMATIONS:
• HUNGER ACTION MONTH - PRESENTATION
• SUICIDE PREVENTION MONTH

2. CITIZEN REQUESTS/PUBLIC COMMENTS

COMMENTS ARE TO BE RECEIVED AS STATED IN ABOVE POLICY

THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE CITY COUNCIL ON MATTERS WITHIN ITS JURISDICTION. STATE LAW PROHIBITS THE COUNCIL FROM ADDRESSING ANY ISSUE NOT PREVIOUSLY INCLUDED ON THE AGENDA. COUNCIL MAY RECEIVE COMMENT AND SET THE MATTER FOR A SUBSEQUENT MEETING. PLEASE LIMIT COMMENTS TO FIVE MINUTES.

3. COUNCIL STATEMENTS (NON-ACTION)

4. DEPARTMENT REPORTS

5. CITY MANAGER STATEMENTS

6. CITY ATTORNEY STATEMENTS

7. FUTURE AGENDA REQUESTS
***************************************************************************************************** City of Taft Council/Successor Agency Meeting
Agenda
September 2, 2025

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CONSENT CALENDAR ITEMS 8-11
All items listed on the Consent Calendar shall be considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless a member of the City Council requests specific items to be removed from the Consent Calendar for separate action. Any item removed from the Consent Calendar will be considered after the regular business items. Are there any items on the consent calendar that any member of the public would like to comment on?

8. MINUTES
August 19, 2025 Regular
Recommendation – Approve as submitted.

9. PAYMENT OF BILLS
Warrant # 081525A Check No. 200659-200669 $ 29,742.48
Warrant # 081525 Check No. 200670-200721 $ 243,608.68
Recommendation – Approve payment of the bills.

10. AWARD OF PUBLIC WORKS CONTRACTS TO KERN ASPHALT PAVING AND SEALING SERVICES AND BOWMAN ASPHALT, INC. FOR PURPOSES OF AN ON-CALL SERVICES LIST FOR ASPHALT

MAINTENANCE SERVICES
Recommendation –
Motion to approve Public Works Contracts with Kern Asphalt Paving and Sealing Services and Bowman Asphalt, Inc. for on-call asphalt maintenance services, authorize the Mayor to sign and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

11. SPECIAL EVENT PERMIT – CARNIVAL BY SCHOEPPNER SHOWS AT SUPPLY ROW AND 6TH STREET, SEPTEMBER 23 THROUGH OCTOBER 8, 2025
Recommendation –
Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TAFT APPROVING A SPECIAL EVENT PERMIT, AUTHORIZING SCHOEPPNER SHOWS TO OPERATE A CARNIVAL ON CITY PROPERTY AT 6TH STREET AND SUPPLY ROW FROM SEPTEMBER 23 TO OCTOBER 8, 2025 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.
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12. 2025 ANNUAL MILITARY EQUIPMENT REPORT
Recommendation –

1. Review report

2. Motion to receive and file the 2025 Annual Military Equipment Report and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

City of Taft Council/Successor Agency Meeting
Agenda
September 2, 2025

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ADJOURNMENT
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at (661) 763-1222 or [email protected] as soon as possible. Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.

AFFIDAVIT OF POSTING
I, Faith Melton, declare as follows:

That I am the Deputy City Clerk for the City of Taft; that an agenda was posted on a public information bulletin board located near the door of the Civic Center Council Chamber on August 28, 2025 at ________ a.m./p.m., pursuant to 1987 Brown Act Requirements.

I declare under penalty of perjury that the foregoing is true and correct.

Executed August 28, 2025, at Taft, California.

Signature ___________ _________

PROCLAMATION

DECLARING
SEPTEMBER 2025

HUNGER ACTION MONTH IN KERN COUNTY
WHEREAS, hunger and food insecurity affect thousands of children, families, seniors, and individuals in Kern County, creating barriers to health, stability, and opportunity; and WHEREAS, the Community Action Partnership of Kern (CAPK) Food Bank is the largest hungerrelief organization in Kern County, distributing more than 22.5 million pounds of food in the past year — the equivalent of 18,750,000 meals — to families in need through its network of community partners, mobile distributions, and choice pantries; and WHEREAS, during Hunger Action Month, CAPK Food Bank joins Feeding America and food banks across the country to raise awareness about hunger, inspire advocacy, and encourage community engagement to end food insecurity; and
WHEREAS, in 2025, the Kern County Food Policy Council has been re-launched to strengthen collaborative efforts between public agencies, nonprofit organizations, businesses, and community members, building long-term strategies to improve food access, nutrition, equity, and sustainability across the county; and
WHEREAS, the CAPK Food Bank has distributed approximately 765,000 pounds of food to foodinsecure neighbors in the City of Taft, demonstrating its strong commitment to serving families and individuals facing hunger; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Taft does hereby proclaim September 2025 as Hunger Action Month, and calls upon all residents to join in the fight against hunger by supporting local hunger-relief efforts, advocating for stronger food systems, and taking meaningful action to ensure every neighbor has access to healthy, nutritious food. _____________________________ Dave Noerr, Mayor
______________________________ ______________________________ Josh Bryant, Mayor Pro Tem Orchel Krier, Council Member ______________________________ _______________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member

PROCLAMATION

DECLARING
SEPTEMBER 2025

SUICIDE PREVENTION MONTH
WHEREAS, September is recognized nationally as Suicide Prevention Month, a time to raise awareness about suicide prevention, promote mental health resources, and support those affected by suicide; and
WHEREAS, suicide is a public health issue that affects individuals, families, and communities across all ages, backgrounds, and circumstances, and is a leading cause of death in the United States; and
WHEREAS, the City of Taft is committed to fostering a compassionate community that supports mental health, reduces stigma, and encourages individuals to seek help when needed; and WHEREAS, effective suicide prevention requires collaboration among local government, healthcare providers, schools, community organizations, and residents to promote access to mental health services, crisis intervention, and education about warning signs and risk factors; and WHEREAS, by promoting open conversations about mental health and providing resources such as the 988 Suicide & Crisis Lifeline, we can create a supportive environment that saves lives and offers hope to those in need; and
WHEREAS, the City of Taft honors the memory of those lost to suicide and stands in solidarity with their loved ones, while reaffirming our commitment to preventing future tragedies through awareness, education, and action.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Taft, does hereby proclaimthe month of September 2025 as Suicide Prevention Month in Taft. We call upon all residents, organizations, and businesses to join us in raising awareness, reducing stigma, and supporting mental health initiatives to prevent suicide and promote hope and healing throughout our community.

Dated this 2nd day of September 2025.
_____________________________ Dave Noerr, Mayor
______________________________ ______________________________ Josh Bryant, Mayor Pro Tem Orchel Krier, Council Member ______________________________ _______________________________ Ron Waldrop, Council Member Carlos Chavira, Council Member

TAFT CITY COUNCIL/SUCCESSOR AGENCY

MINUTES
AUGUST 19, 2025
The August 19, 2025 regular joint meeting of the Taft City Council/Taft Successor Agency, held in the Council Chamber at Taft City Hall, 209 East Kern Street, Taft, CA 93268, was opened by Mayor Dave Noerr at 6:00 PM. The Pledge of Allegiance was led by Mayor Dave Noerr and invocation was given by Pastor Joey Pittman.

PRESENT: Mayor Dave Noerr and Mayor Pro Tem Josh Bryant Council Members Carlos Chavira, Orchel Krier and Ron Waldrop City Manager Craig Jones and City Attorney Jason Epperson Deputy City Clerk Faith Melton

1. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2023-01 – 6TH CYCLE HOUSING ELEMENT UPDATE (2023 – 2031) AND NOTICE OF EXEMPTION
Planning Consultant Jenna Chilingerian presented the 6th Cycle Housing Element update to the Council members
The public hearing was opened at 6:20 PM. The following community members spoke about the housing element:

James Carter emphasized that he is excited for the community to continue to grow but said if our town continues to grow, we need new schools and schools that are better equipped to handle the number of kids we will need to provide education for.

Abby Rodela gave a speech about community and said housing efforts should include all members of the public.

Gerry Casto mentioned that the unhoused community are good people and all they want to do is be a part of the community.

Pastor Cindy Brettschneider said she is a pastor at Taft United Methodist Church, she said the church has food banks, programs and services for the homeless community and immigrants.

She gave a couple bible versus that were about loving each other and working as a community.

Christine Gillham said working as a volunteer she has become aware of homelessness issues and read aloud page 103, 105 and 107 from the housing element document that talked about shelters and transportation.

Lewis Gillham spoke about some of the things he endorsed and some things he does not endorse from the document. He asked the Planning Commission to reach out to clergy staff and volunteers from different organizations to help the community.

Sandra Popejoy said with her volunteering at the Needs Center there are a lot more homeless people than documented. She asked for the City to build a navigation center and requested to collab with the City to help battle homelessness.

City of Taft Council/Successor Agency Meeting
Minutes
August 19, 2025

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Daniel Rodela from Faith in the Valley shared some funding options for resources for homelessness. He mentioned a collaboration with the City to eliminate homelessness and gain more resources.

Seeing no more public comments, the public hearing was closed at 6:53 PM.

Motion: Motion by Bryant, seconded by Krier to adopt a resolution entitled A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING GENERAL PLAN AMENDMENT NO. 2023-01 TO ADOPT THE 6TH CYCLE HOUSING ELEMENT UPDATE (2023-2031) (Resolution No. 4313-25) and find that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) as set forth in section 15061(b)(3) of the CEQA guidelines.

AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0

2. CITIZEN REQUESTS/PUBLIC COMMENTS
Kathy Orrin invited the community to the Taft Chamber Oildorado Gala on October 18th. She mentioned there will be cigar rolling, a live auction, a silent auction, and the rest is a surprise.

3. COUNCIL STATEMENTS (NON-ACTION)
Council Member Krier spoke about Ron Orrin touching a lot of lives by being a Westside Recreation Board member and City of Taft Planning Commissioner. He said some homeless people don’t want to be helped and some do and that we need to help the ones that want help.

Council Member Chavira said all items of the agenda are important and encouraged people to stay for the whole meeting. He gave his condolences to the family of Ron Orrin, mentioning he was a wonderful man.

Mayor Pro Tem Bryant reminded everyone that the Housing Element only covers the Taft city limits and urged the community to get ahold of the county for housing in the county areas.

Bryant mentioned we have had a lot of loss and reminded everyone to hug your loved ones.

He spoke great words about Ron Orrin and said he was thankful to have known him.

Council Member Waldrop gave his condolences to the Ron Orrin family.

Mayor Noerr mentioned school is back in session and to watch for kids in the road. He also mentioned the homeless community likes to hang around Taft because it is a safe town to sleep in and the locals provide food. He said when Flood Ministries made a presentation to council he learned from the Flood Ministries Director that when you offer help to 38 homeless people, only two will get sober and accept help.

City of Taft Council/Successor Agency Meeting
Minutes
August 19, 2025

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4. PLANNING COMMISSION REPORTS
Planning Commissioner Livingston reported in their June meeting that the commission reorganized and approved a CUP for a communications hut. He shared that he learned a lot about Taft from Ron Orrin and that he will be missed.

5. DEPARTMENT REPORTS
There was none.

6. CITY MANAGER STATEMENTS
City Manager Jones gave his condolences to the Ron Orrin family.

7. CITY ATTORNEY STATEMENTS
There was none.

7. FUTURE AGENDA REQUESTS
Bryant requested a proclamation for Dr. Tang and said he would bring staff more information.

Noerr concurred
********************************************************************************************* CONSENT CALENDAR ITEMS 9-12
 Mayor Noerr pulled item 12.

Motion: Moved by Bryant, seconded by Waldrop to approve consent calendar items 9-11.

AYES: Krier, Bryant, Waldrop, Chavira, Noerr
PASSED: 5-0

9. MINUTES
August 05, 2025 Regular
Recommendation – Approve as submitted.

10. PAYMENT OF BILLS
Warrant # 080125A Check No. 200610-200618 $ 43,453.55
Warrant # 080125 Check No. 200619-200654 $ 92,711.27
Warrant # 080825 Check No. 2200655-200658 $ 4,410.13
Recommendation – Approve payment of the bills.

11. PURCHASE OF USED VEHICLE FOR PUBLIC WORKS DEPARTMENT Recommendation – Motion to authorize the City Manager or his designee to purchase a used truck for the Public Works Department for a total cost not to exceed twenty thousand City of Taft Council/Successor Agency Meeting
Minutes
August 19, 2025

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dollars ($20,000) and authorize the City Manager or Designee to execute all documents and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3)
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12. APPROVING A RESOLUTION FOR CALIFORNIA STATE OF GOOD REPAIR PROGRAM FOR FY 2025-2026 FOR USE AND APPLICATION OF $16,632 FOR TRANSIT PROJECTS.

Motion: Moved by Bryant, seconded by Noerr to adopt a resolution entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT APPROVING THE PROPOSED TRANSIT PROJECT LIST FOR THE FY 2025 – 2026 CALIFORNIA SENATE BILL 1-STATE OF GOOD REPAIR PROGRAM
(Resolution No. 4314-25) and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

AYES: Krier, Bryant, Chavira, Waldrop, Noerr
PASSED: 5-0
Noerr stated that he pulled this item due to a change in the dollar amount for the use of Transit Projects. The amount went from $16,632.00 to $16,702.00, going up by $70.

At 7:33 PM the meeting was recessed in order to hold the Annual Taft Public Financing Authority (TPFA) meeting.

At 7:40 PM the meeting was reconvened and at 7:41 PM the regular meeting was recessed to closed session and adjourned in honor and memory of Ron Orrin.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph 2 or 3 of subdivision (d) of Section 54956.9 (d) – one (1) potential case
 The City Council discussed in closed session those items agendized for closed session discussion and directions were given to negotiators and staff. No other reportable action was taken.

ADJOURNMENT - With no further business to conduct the meeting was adjourned at 7:59 PM. __________ ____________
Faith Melton Dave Noerr
Deputy City Clerk Mayor

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

AWARD OF PUBLIC WORKS CONTRACTS TO KERN ASPHALT PAVING AND SEALING SERVICES AND BOWMAN ASPHALT, INC. FOR PURPOSES OF AN ON-CALL SERVICES LIST

FOR ASPHALT MAINTENANCE SERVICES
SUMMARY STATEMENT:

The City utilizes services of licensed asphalt companies for the purpose of on-call asphalt maintenance services. The City published an RFP for these services in June with responses due by July 16, 2025. Only two responses were received and reviewed. Both companies that submitted responses were shown to be qualified and competitive. Therefore, the City would like to enter into a contract with each of them for the purpose of an on-call list to pull from for these asphalt maintenance services.

RECOMENDATION
Motion to approve Public Works Contracts with Kern Asphalt Paving and Sealing Services and Bowman Asphalt, Inc. for on-call asphalt maintenance services, authorize the Mayor to sign and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes, Agreements
PREPARED BY: Public Works
On-call Paving Services Agreement

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CITY OF TAFT

PUBLIC WORKS CONTRACT
THIS CONTRACT, made this 2nd day of September, 2025, by and between the City of Taft, a political subdivision of the State of California, hereinafter referred to as "City" and Kern Asphalt Paving and Sealing Co., Inc. hereinafter referred to as "Contractor".

This contract is for the following project:
“Taft On-Call Paving Services”
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed as follows:

TERMS & CONDITIONS

1. SCOPE OF WORK:

The work to be performed includes but is not limited to provisions of all equipment, and labor necessary for work to be performed described in the request for “On-Call Paving Services” related to asphalt maintenance.

2. CONTRACT TIME:

This agreement will be effective for a term of three (3) years and will run from September 2, 2025 to September 2, 2028. The Work to be performed under this contract shall be commenced on the date specified by the City and mutually accepted by the contractor.

3. CONTRACT PRICE:

City shall pay Contractor for the full and complete performance of this Contract according to rate sheet submitted by the contractor.

4. PAYMENTS:

Payment shall be made to the Contractor within 60 days of approved submitted invoice to City.

The Contract Price includes allowance for all Federal, State and local taxes and payment of the prevailing wages required by applicable law and/or the General Conditions.

On-call Paving Services Agreement

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5. AMENDMENT:

This Contract may only be amended by a written amendment which shall require the formal approval of the City Council of the City of Taft. No City officer, agent or representative shall have the authority to amend this Contract.

6. DELAY:

The Contractor specifically acknowledges and agrees that a time extension is its sole remedy for delays caused by the City and agrees to make no claim for additional damages for such delay.

7. NOTICES:

Any notice, demand, request, consent, approval or communication that any party desires or is required to give any other party shall be in writing and either served personally or sent by pre-paid first-class mail. Any such writing shall be addressed as follows:

PROJECT MANAGER
Craig Jones
City of Taft
Public Works Director

PROJECT CONTRACTOR
Kern Asphalt Paving and Sealing Co., Inc.
___________________
On-call Paving Services Agreement

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IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.

CITY OF TAFT
By___________________________
Dave Noerr
Mayor
ATTEST:
_____________________________
Faith Melton
Deputy City Clerk
KERN ASPHALT PAVING AND SEALING CO.,
INC.

By___________________________
Print Name:
(CORPORATE SEAL)

CORPORATE CERTIFICATE
I, ______________________ , certify that I am the Secretary of the Corporation named as CONTRACTOR in the foregoing Contract; that ____________________ , who signed said Contract on behalf of said Corporation is authorized to fully bind the corporation to this Agreement; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. ______________________________
(Secretary)
(CORPORATE SEAL)
On-call Paving Services Agreement

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GENERAL CONDITIONS

1. CHANGES IN THE WORK:

City may order additions, deletions or revisions in the work which shall be authorized by written change order. Circumstances may occur where Contractor may need to apply for a change in the contract. Such changes must be applied for in writing in advance by Contractor and approved prior to doing of the additional work. Changes in contract price due to change orders shall be established either by (1) unit prices (where bidding was done by unit price), (2) based on the actual cost of the work (including but not limited to all labor and materials) plus an amount not to exceed 15 percent (15%) for overhead and profit together, or (3) by mutual acceptance of a lump sum.

2. CONTRACTOR LIABILITY AND INSURANCE:

Contractor shall be liable for all damages and injury which shall be caused to City or any other property on or in the vicinity of the work or which shall occur to any person or persons or property whatsoever arising out of the performance of this contract. Contractor shall purchase and maintain such commercial general liability and other insurance as is appropriate and/or as may be required in the special conditions, for the work being performed and furnished and which will provide complete protection to City. Said policies shall be payable on a "per occurrence" basis unless City specifically consents to a "claims made" basis. At a minimum Contractor shall provide and maintain a policy of commercial general liability insurance in a combined single limit of two million dollars ($2,000,000.00) and Worker's Compensation Insurance.

Where the services to be provided under this contract involve or require the use of any type of vehicle by Contractor in order to perform said services, Contractor shall also provide comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of one million dollars ($1,000,000.00).

City shall be a named insured and a certificate of insurance and endorsements shall be provided by Contractor prior to commencement of work. Contractor shall also purchase and maintain property insurance upon the work or equipment and supplies stored at the site, if any, to the full insurable value thereof. All policies of insurance shall contain a provision that the coverage will not be canceled, materially changed, or renewal refused until at least thirty (30) days prior written notice has been given to City. If a loss occurs, the above insurance shall be primary.

3. RISK OF LOSS:

Liability for loss or damage to equipment, materials, work completed or services occurring on or off the site shall be the responsibility of Contractor. Liability for completed work shall not be assumed by City until both the work has been completed and City has accepted the work as complete.

On-call Paving Services Agreement

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4. MATERIALS AND EQUIPMENT:

All material and equipment shall be of good quality and new unless the contract provides otherwise. Whenever materials or equipment are specified or described in the contract documents by using the name of a proprietary item or a particular supplier, it is intended to establish the type, function and quality required. Any substitutions must be expressly consented to by City in advance of installation or use.

Where applicable, Contractor shall deliver all manufacturers’ operating and maintenance instructions to City prior to receipt of final payment.

5. WARRANTY AND CORRECTION PERIOD:

If within one year after the date of completion and City's acceptance of the work or such longer period of time as may be prescribed by law or regulations or by the terms of any applicable special guarantee required by the contract documents any work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instruction, either correct such defective work, or, if it has been rejected by City, remove it from the site and replace it with non-defective work. If Contractor is unable to promptly and properly correct any defective work, City may at its option have the work corrected by such other means as City deems appropriate and hold Contractor liable for all direct, indirect and consequential costs caused by such defective work.

Said warranty shall apply to all work found to be "defective" which is attributable to the quality or quantity of the materials used, the quality of the workmanship or for lack of proper performance under the contract. The warranty obligation shall not limit the City's right to otherwise seek damages in the event of any failure by Contractor to properly perform under this Agreement.

6. PERMITS AND TAXES:

Unless otherwise provided in the special contract provisions, City shall obtain and pay for all construction permits, licenses or other permits necessary to complete the work and shall be liable for all governmental charges, inspection fees, utility connection charges, sales, consumer, use and other taxes.

7. INDEMNIFICATION:

Contractor shall fully indemnify, hold harmless and defend City and its consultants, agents, officers and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential arising out of or resulting from the negligent performance of the work herein or willful misconduct by Contractor.

8. SUSPENSION OF WORK:

City may, at any time and without cause, suspend the work or any portion thereof for a reasonable period of time by notice in writing to Contractor.

On-call Paving Services Agreement

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9. TERMINATION:

Except as limited by law or regulation, City may terminate this contract upon the occurrence of any one or more of the following events.

A. If Contractor commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if Contractor takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; B. If a petition is filed against Contractor under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or state law in effect at the time relating to bankruptcy or insolvency;
C. If Contractor makes a general assignment of its obligations and/or compensation under this Agreement;
D. If a trustee, receiver, custodian or agent of Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; E. If Contractor admits in writing an inability to pay its debts generally as they become due;
F. If Contractor persistently fails to perform the work in accordance with the contract documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the time schedule); G. If Contractor disregards ordinances, laws or regulations of any public body having jurisdiction;
H. If Contractor disregards the authority of City's supervisory staff, and, in particular, the Contract Administrator;
I. If Contractor otherwise violates in any substantial way any provisions of the contract documents.

City may, after giving Contractor seven days' written notice, terminate the services of Contractor, exclude Contractor from the site and take possession of the work, incorporate in the work all materials and equipment stored at the site or for which City has paid Contractor but which are stored elsewhere, and finish the work as City may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct, indirect and consequential costs of On-call Paving Services Agreement

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completing the work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court costs) such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to City. When exercising any rights or remedies under this paragraph, City shall not be required to obtain the lowest price for the work performed. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue.

Any retention or payment of moneys due Contractor by City will not release Contractor from liability.

Upon seven days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the Contract. In such case, Contractor shall be paid for all work executed and any actual expense sustained.

10. SUPERVISION AND CLAIMS DETERMINATIONS:

10.1 CONTRACT ADMINISTRATOR
City may appoint staff or hire professional services for supervision and administration, at its election. Said person is hereinafter referred to as "Contract Administrator". Upon the appointment of any such Contract Administrator the City shall promptly notify Contract of such action. The Contract Administrator is delegated authority to determine the amount, quality, acceptability and fitness of the work, materials and equipment to be paid for under this contract, to decide for City all questions relative to contract interpretation, to reject or condemn all work or material which does not conform to the terms of this contract and to review and make a final determination on all claims submitted to City. In the absence of an appointment of a Contract Administrator, the City Director of Public Works shall perform these functions.

10.2 WRITTEN CLARIFICATION
If there is an ambiguity in the contract documents, Contractor shall request an interpretation from the Contract Administrator. Contractor Administrator shall issue a written clarification or interpretation. If Contractor believes that a written clarification or interpretation justifies an increase in the contract price or an extension of the contract time and the parties are unable to agree on the amount or extent thereof, Contractor may make a claim therefore.

10.3 CHANGE ORDER
The Contract Administrator may authorize or require variations in the work from the requirements of the contract documents so long as it is in writing. Contractor shall perform the work involved promptly. If Contractor believes that such a change order justifies an increase in the contract price or an extension of the contract time and the City and Contractor are unable to agree as to the amount or extent thereof, Contractor may make a claim therefore.

On-call Paving Services Agreement

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10.4 UNIT PRICING
If the contract was based on unit pricing, the Contract Administrator will determine the actual quantities and classifications of unit price work. The Contract Administrator's written decisions thereon will be final and binding upon Contractor unless Contractor delivers to Contract Administrator written notice that Contractor disputes said decision and the reasons therefore as required below.

10.5 CLAIM PROCEDURE
For purposes of this paragraph, "claim" shall be defined as set forth in Public Contracts Code Section 20104(b)(2). Claims shall be presented in writing and include the documents necessary to substantiate the claim. Claims must be filed with the Contract Administrator no later than thirty (30) days after the occurrence of the event giving rise thereto or denial of the change order, whichever occurs last. The form of said claims shall be the same as is required by Government Code Sections 910 and 910.2.

10.6 CLAIMS UNDER $50,000
If the claim is under $50,000, City shall respond in writing to Contractor within forty-five (45) days of receipt of Contractor's claim or may request, in writing, within thirty (30) days of receipt of the claim, any 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 Public Contracts Code Section 20104.2, upon mutual agreement of the City and the Contractor.

The City's written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (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, whichever is greater.

10.7 CLAIMS OVER $50,000
For claims over $50,000 and less than or equal to $375,000, City shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against Contractor.

If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of City and Contractor.

The City's written response to the claim, as further documented, shall be submitted to Contractor within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by Contractor in producing the additional information or requested documentation, whichever is greater.

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10.8 MEET AND CONFER
If Contractor disputes City's written response, or City fails to respond within the time prescribed above, Contractor may so notify City, in writing, either within 15 days of receipt of City's response or within fifteen (15) days of City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer with such City representatives as the City Council of the City of Taft directs for settlement of the issues in dispute. Upon such demand, City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

10.9 APPEALS TO CITY COUNCIL
If following the meet and confer conference the claim or any portion remains in dispute, if Contractor desires to pursue Contractor's claim/demand for further compensation, Contractor shall be required to file a claim with the City Council of the City of Taft pursuant to procedures set out in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. All claims filed with the City Council of the City of Taft pursuant to the Government Code shall be filed within ninety (90) days of the denial of the original claim by the City representative. The running of the period of time within which a claim under the Government Code must be filed shall be tolled by any period of time utilized by the meet and confer conference. Any lawsuit which Contractor intends to bring with respect to any claim filed pursuant to the Government Code which claim has been denied by City must be commenced not later than six months after the recording of the notice of completion or not later than six months after the date final payment is deposited in the mail or personally delivered, whichever date comes first.

10.10 DOCUMENTATION
For every claim that Contractor makes, it shall provide the following documentation upon request of City as a condition precedent to consideration of the claim: Contractor's bidding calculations forms, cost estimates, time sheets, trend reports, job cost analysis records, labor records, as-built documents, any other records used by Contractor in arriving at its bid price, and any other documents or records kept by Contractor during the course of construction. In the event that claims are made, Contractor agrees that City shall have the right to conduct a complete audit of the books and records of Contractor relating to this project and any books and records relating to overhead, profit or general office expenses charged to this project.

10.11 CONTRACT ADMINISTRATOR NOT RESPONSIBLE
Notwithstanding the above, Contract Administrator shall not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto and will not be responsible for Contractor's failure to perform or furnish the work in accordance with the contract documents. Contract Administrator shall also not be responsible for the acts or omissions of Contractor or of any subcontractor, any supplier, or any other person or organization performing or furnishing any of the work.

11. PAYMENTS:

11.1 SCHEDULE OF VALUES
The schedule of values established for the work will serve as the basis for progress payments and will be incorporated into a form of application for payment acceptable to City. Progress payments on On-call Paving Services Agreement

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account of unit price work will be based on the number of units completed.

11.2 PROGRESS PAYMENT
Once each month City shall cause an estimate to be made covering the work completed as of the date of the estimate. No materials shall be paid for until incorporated into the work. The amount of retention with respect to progress payments will be ten percent (10%).

11.3 AMOUNTS OF PROGRESS PAYMENTS
Prior to completion, progress payments will be in an amount equal to:

11.3.1 NINETY PERCENT (90%) OF COMPLETED WORK. Ninety percent (90%) of the work completed, and

11.3.2 NINETY PERCENT (90%) OF STORED MATERIALS. Where applicable pursuant to the above, ninety percent (90%) of materials and equipment not incorporated in the work but delivered and suitably stored, less in each case the aggregate of payments previously made.

11.3.3 CONTRACT BALANCE. Thirty (30) days after recordation of a notice of completion by the City, City will pay an amount sufficient to increase total payments to Contractor to one hundred percent (100%) of the contract price, less such amounts as City shall determine in accordance with this contract. City reserves the right to retain such funds as it shall determine in accordance with the contract documents to complete the work.

11.3.4 ESCROWED SECURITY ALTERNATION. The Contractor may elect to receive one hundred percent 100% of payments due under this contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with City in accordance with the provisions of Section 4590 of the California Government Code. Securities eligible for investment shall include those listed in Section 16430 of the California Government Code, or bank or savings and loan certificates of deposits. Such securities, if deposited by the bidder, shall be valued by City whose decision on the valuation of the securities shall be final. The bidder shall be the beneficial owner of any securities substituted for money withheld and shall receive any interest thereon. Said deposited funds shall be covered by an escrow agreement in a form approved by the City.

11.4 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all work, materials and equipment covered by any application for payment, whether incorporated in the project or not, will pass to City no later than the time of payment free and clear of all liens.

11.5 PAYMENT OF PROGRESS PAYMENT
City will submit each progress pay estimate to Contractor. Upon receipt back from Contractor of a signed copy of the pay estimate, City shall process the pay estimate for payment. The amount approved by City will become due thirty (30) days after receipt of the signed progress pay estimate. Said payment shall be made by City to Contractor unless City has knowledge of claims or liens filed in connection with the work.

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11.6 CITY'S RECOMMENDATION OF PAYMENT
By recommending any payment, Contractor cannot conclude that City represents that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the work in the contract documents or that there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or City to withhold payment to Contractor.

11.7 CITY MAY REFUSE TO MAKE PAYMENT
City may refuse to make payment of the full amount or any part if, in City's opinion, it would be incorrect to make such payment. City may also refuse to make any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in City's opinion to protect City from loss because:

11.7.1 DEFECTIVE WORK. The work is defective, or completed work has been damaged requiring correction or replacement,

11.7.2 REDUCTION IN PRICE. The contract price has been reduced by written amendment or change order,

11.7.3 REQUIRED CORRECTIONS. Contractor has been required to correct defective work or complete work, or

11.7.4 SUSPENSION OR TERMINATION. Of City's actual knowledge of the occurrence of any of the events enumerated in paragraphs relating to suspension of work and termination.

11.7.5 LIENS OR CLAIMS. City may refuse to make payment of the full amount because claims have been made against City on account of Contractor's performance or furnishing of the work or liens have been filed in connection with the work or there are other items entitling City to a set-off against the amount recommended, but City must give Contractor immediate written notice stating the reasons for such action.

11.8 COMPLETION AND FINAL INSPECTION
When Contractor considers the entire work ready for its intended use, Contractor shall notify City in writing that the entire work is completed. Within a reasonable time thereafter, City and Contractor shall make an inspection of the work to determine the status of completion. If City does not consider the work complete, City will notify Contractor in writing giving the reasons therefor. If City considers the work incomplete, City will prepare and deliver a list of items to be completed or corrected before final payment.

Contractor shall immediately take such measures as are necessary to complete or correct the listed items.

11.9 ACCEPTANCE AND FINAL APPLICATION FOR PAYMENT
After Contractor has completed all such measures to remedy deficiencies to the satisfaction of City and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents, property owner's releases and other documents, all as required by the contract documents, and after City has indicated that the work is acceptable, Contractor may make application for final payment. The final application for payment shall be accompanied by all documentation called for in the contract documents, together with complete and legally effective releases or waivers On-call Paving Services Agreement

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(satisfactory to City) of all liens and stop notices arising out of or filed in connection with the work. In lieu thereof and as approved by City, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which City or City's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor or supplier fails to furnish are lease or receipt in full, Contractor may furnish a bond or other collateral satisfactory to City to indemnify City against any lien.

11.10 FINAL PAYMENT
If, on the basis of City's review of the final application for payment and accompanying documentation, all as required by the contract documents, City is satisfied that Contractor's obligations under the contract documents have been fulfilled, City will, within ten days after receipt of the final application for payment, process the application for payment. Otherwise, City will return the application to Contractor, indicating in writing the reasons for refusing to make final payment, in which case Contractor shall make the necessary corrections and resubmit the application. Thirty (30) days after presentation to City of the application and accompanying documentation, in appropriate form and substance, or thirty (30) days after recording of a Notice of Completion, whichever date is later, the amount will become due and will be paid by City to Contractor.

11.11 CONTRACTOR'S CONTINUING OBLIGATION
Contractor's obligation to perform and complete the work in accordance with the contract documents shall be absolute. Neither the issuance of a certificate of substantial completion, nor any payment by City to Contractor under the contract documents, nor any use or occupancy of the work or any part thereof by City, nor any act of acceptance by City nor any failure to do so, nor any review and approval of a shop drawing or sample submission, nor the issuance of a notice of acceptability, nor any correction of defective work by City will constitute an acceptance of work not in accordance with the contract documents or a release of Contractor's obligation to perform the work in accordance with the contract documents.

12. ARBITRATION:

For claims under $375,000, City shall have the option of electing arbitration pursuant to Public Contracts Code Sections 10240, et seq. If City does not so elect, the provisions of Public Contracts Code Section 20104 shall apply. For claims which are above $375,000, the arbitration provisions of this contract are voluntary. Neither City nor Contractor shall be required to enter into arbitration for amounts above $375,000. Written consent of both parties to arbitrate such claims shall be a prerequisite to such arbitration. If the parties agree to arbitrate claims above $375,000, the provisions of Public Contracts Code Sections 10240, et seq. shall be utilized.

13. WORKER'S COMPENSATION CERTIFICATION:

Contractor hereby certifies that Contractor is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this contract.

14. PREVAILING WAGE RATES:

In accordance with the provisions of Section 1770 and 1773 of the Labor Code, the City of Taft has On-call Paving Services Agreement

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determined the general prevailing rate of wages applicable to the work to be done. These rates are on file in the Department of Transportation. The Contractor shall post a copy of the wage rates on the job site. Pursuant to California Labor Code Section 1775, Contractor shall forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for such work or craft, and said amounts shall be distributed pursuant to the requirements of said Section 1775. Any employee whose type of work is not covered by any of the classified wage rates shall be paid not less than the rate of wage listed for the classification which most nearly corresponds to the type of work to be performed.

15. EMPLOYMENT OF APPRENTICE LABOR:

Reference is hereby made to Section 1777.5 of the Labor Code of the State of California, which regulations shall govern the employment of apprentices on the work, if required by union and to be billed at applicable rate. Compliance with said Section shall be the responsibility of the Contractor.

16. COLLECTIVE BARGAINING AGREEMENTS:

Pursuant to California Labor Code Section 1773.8, Contractor shall pay travel and subsistence payments to any workers covered by applicable collective bargaining agreements which provide for such payments.

17. PAYROLL RECORDS:

Contractor shall be responsible for keeping accurate payroll records as required by California Labor Code Section 1776. Contractor is aware that a penalty of twenty-five dollars ($25.00) per day or portion thereof for each worker may be assessed for noncompliance with said section. Contractor shall forward to City a certified copy of each payroll record within ten days after close of each payroll period. An additional 10% retention may be withheld from any payment due for failure to provide same.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and must be logged in the DIR under Taft Paving Maintenance.

18. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION:

During the performance of this contract, the contractor agrees to abide by all provisions of Section 1735 of the California Labor Code, as amended, regarding nondiscrimination practices.

19. ASSIGNMENT:

No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.

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20. CONFLICT OF INTEREST RESTRICTIONS:

No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspecting, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City who is in any legislative, executive, supervisor, or other similar function in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project.

21. WAIVER OF RIGHTS:

No action or lack of action on the part of City at any time to exercise any right or remedy conferred upon it under this contract shall be deemed to be a waiver on the part of the City of any of City's other rights or remedies.

22. SUCCESSORS IN INTEREST:

City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto; its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the contract documents.

23. SEVERABILITY:

If any provision to this contract is declared or found to be illegal, unenforceable or void, then both parties shall be relieved of all obligations arising under such provisions, and the remainder of this contract shall not be affected by such declaration or finding and each provision not so affected shall be enforced to the fullest extent permitted by law.

24. BOOKS OF RECORD AND AUDIT PROVISION:

Contractor shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids, all income and all expenditures. The books and records shall be original entry books with a general ledger itemizing all debits and credits for the work on this contract. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and cancelled checks, receipts and invoices for all items. These documents and records shall be retained for at least five years from the completion of this contract. Contractor will permit City to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Contractor who participated in this contract in any way. Any audit may be conducted on Contractor's premises or, at City's option; Contractor shall provide all books and records within a maximum of fifteen (15) days upon receipt of written notice from City. Contractor shall refund any moneys erroneously charged. If City ascertains that it has been billed erroneously by Contractor for an amount equaling 5% or more of the original bid, Contractor shall be liable for the costs of the audit in addition to any other penalty to be imposed.

25. NOTICE:

Notices shall be given to City at the following location: If to "CITY":

City of Taft
Attn: City Manager
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209 E. Kern Street
Taft, California 93268
If to "CONTRACTOR":

Kern Asphalt Paving and Sealing Co., Inc.

Attn: ______________________
2000 Norris Road
Bakersfield, CA 93308

26. JURISDICTION AND VENUE:

This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in the City of Taft, California, or if unable to seat venue in the City Taft, venue shall be in the County of Kern, California.

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CITY OF TAFT

PUBLIC WORKS CONTRACT
THIS CONTRACT, made this 2nd day of September, 2025, by and between the City of Taft, a political subdivision of the State of California, hereinafter referred to as "City" and Bowman Asphalt, Inc. hereinafter referred to as "Contractor".

TERMS & CONDITIONS

1. SCOPE OF WORK:

2. CONTRACT TIME:

3. CONTRACT PRICE:

City shall pay Contractor for the full and complete performance of this Contract according to rate sheet submitted by the contractor.

4. PAYMENTS:

Payment shall be made to the Contractor within 60 days of approved submitted invoice to City.

The Contract Price includes allowance for all Federal, State and local taxes and payment of the prevailing wages required by applicable law and/or the General Conditions.

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5. AMENDMENT:

6. DELAY:

The Contractor specifically acknowledges and agrees that a time extension is its sole remedy for delays caused by the City and agrees to make no claim for additional damages for such delay.

7. NOTICES:

PROJECT MANAGER
Craig Jones
City of Taft
Public Works Director

PROJECT CONTRACTOR
Bowman Asphalt, Inc.
_____________
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IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written.

CITY OF TAFT
By___________________________
Dave Noerr
Mayor
ATTEST:
_____________________________
Faith Melton
Deputy City Clerk
BOWMAN ASPHALT, INC.

By___________________________
Print Name:
(CORPORATE SEAL)

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GENERAL CONDITIONS

1. CHANGES IN THE WORK:

2. CONTRACTOR LIABILITY AND INSURANCE:

3. RISK OF LOSS:

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4. MATERIALS AND EQUIPMENT:

Where applicable, Contractor shall deliver all manufacturers’ operating and maintenance instructions to City prior to receipt of final payment.

5. WARRANTY AND CORRECTION PERIOD:

6. PERMITS AND TAXES:

7. INDEMNIFICATION:

8. SUSPENSION OF WORK:

City may, at any time and without cause, suspend the work or any portion thereof for a reasonable period of time by notice in writing to Contractor.

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9. TERMINATION:

Except as limited by law or regulation, City may terminate this contract upon the occurrence of any one or more of the following events.

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Any retention or payment of moneys due Contractor by City will not release Contractor from liability.

10. SUPERVISION AND CLAIMS DETERMINATIONS:

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If additional information is thereafter required, it shall be requested and provided pursuant to Public Contracts Code Section 20104.2, upon mutual agreement of City and Contractor.

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11. PAYMENTS:

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account of unit price work will be based on the number of units completed.

11.3 AMOUNTS OF PROGRESS PAYMENTS
Prior to completion, progress payments will be in an amount equal to:

11.3.1 NINETY PERCENT (90%) OF COMPLETED WORK. Ninety percent (90%) of the work completed, and

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11.7.1 DEFECTIVE WORK. The work is defective, or completed work has been damaged requiring correction or replacement,

11.7.2 REDUCTION IN PRICE. The contract price has been reduced by written amendment or change order,

11.7.3 REQUIRED CORRECTIONS. Contractor has been required to correct defective work or complete work, or

11.7.4 SUSPENSION OR TERMINATION. Of City's actual knowledge of the occurrence of any of the events enumerated in paragraphs relating to suspension of work and termination.

Contractor shall immediately take such measures as are necessary to complete or correct the listed items.

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12. ARBITRATION:

13. WORKER'S COMPENSATION CERTIFICATION:

14. PREVAILING WAGE RATES:

In accordance with the provisions of Section 1770 and 1773 of the Labor Code, the City of Taft has On-call Paving Services Agreement

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15. EMPLOYMENT OF APPRENTICE LABOR:

16. COLLECTIVE BARGAINING AGREEMENTS:

17. PAYROLL RECORDS:

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and must be logged in the DIR under Taft Paving Maintenance.

18. EQUAL EMPLOYMENT OPPORTUNITY AND NONDISCRIMINATION:

During the performance of this contract, the contractor agrees to abide by all provisions of Section 1735 of the California Labor Code, as amended, regarding nondiscrimination practices.

19. ASSIGNMENT:

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20. CONFLICT OF INTEREST RESTRICTIONS:

21. WAIVER OF RIGHTS:

22. SUCCESSORS IN INTEREST:

23. SEVERABILITY:

24. BOOKS OF RECORD AND AUDIT PROVISION:

25. NOTICE:

Notices shall be given to City at the following location: If to "CITY":

City of Taft
Attn: City Manager
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209 E. Kern Street
Taft, California 93268
If to "CONTRACTOR":

Bowman Asphalt
Attn: _____________________
333 Gibson Street
Bakersfield, CA 93308

26. JURISDICTION AND VENUE:

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:

SPECIAL EVENT PERMIT – CARNIVAL BY SCHOEPPNER SHOWS AT SUPPLY ROW AND 6TH STREET, SEPTEMBER 23 THROUGH OCTOBER 8, 2025
SUMMARY STATEMENT:

Staff received a special event application and letter from the Schoeppner Shows requesting use of City property at the northeast corner of 6th Street and Supply Row (032-110-66, -67) for an outdoor Carnival from Tuesday, September 23rd to Wednesday, October 8th. Schoeppner Shows will set up the carnival on September 23-25, 2025, and will break down the carnival October 6-8, 2025.

Recommended conditions of approval:

1. $2,000,000 liability/$4,000,000 aggregate insurance naming City of Taft as additional insured

2. Signed encroachment permit/ Hold Harmless

3. Appropriate business license for vendors

4. Building and Fire Department Inspections

5. Trash receptacles

6. Portable chemical toilets

7. Daily watering of site for dust abatement
RECOMMENDED ACTION:

Motion to approve a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING A SPECIAL EVENT PERMIT, AUTHORIZING SCHOEPPNER SHOWS TO OPERATE A CARNIVAL ON CITY PROPERTY AT 6TH STREET AND SUPPLY ROW FROM SEPTEMBER 23 TO OCTOBER 8, 2025 and find that the activity is not a project per the California Environmental Quality Act (CEQA) as set forth in Section 15060(c)(3) and Section 15378 of the CEQA Guidelines.

IMPACT ON BUDGET (Y/N): No
ATTACHMENT (Y/N): Yes; resolution, site map, permit, Schoeppner Shows letter and application
PREPARED BY: Planning & Community Development
RESOLUTION 4314-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAFT

APPROVING A SPECIAL EVENT PERMIT, AUTHORIZING SCHOEPPNER SHOWS TO OPERATE A CARNIVAL ON CITY PROPERTY AT 6TH STREET AND SUPPLY ROW FROM SEPTEMBER 23 TO OCTOBER 8, 2025
WHEREAS, Schoeppner Shows has submitted a Special Event Permit Application, requesting to operate a Carnival event on City property at 6th Street and Supply Row (032-110-66, -67) from September 23rd to October 8th, 2025; and
WHEREAS, Schoeppner Shows shall provide sufficient trash receptacles and portable chemical toilets, and shall clean up all trash and debris at the conclusion of the carnival event.

WHEREAS, the carnival will include a ticket booth, 8+ carnival rides, 8+ carnival game stands, and a 100’ long and 23’ tall slide, and a generator to provide power to the booth, rides, and game stands.

Schoeppner Shows has a certificate of liability insurance for the event.

NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of the City of Taft, California, approve the special event as follows:

SECTION 1. Set-up: September 23rd – 25th, 2025
Carnival Event: September 26th to October 5th, 2025
Operating: 5:00pm to 10:00pm Thursday-Friday
12:00pm to 10:00pm Saturday
12:00pm to 8:00pm Sunday
Breakdown Carnival: October 6th – 8th, 2025
SECTION 2. Upon approval, Schoeppner Shows Shall Provide:

1.$2,000,000 liability/$4,000,000 aggregate insurance naming City of Taft as additional insured

2.Signed encroachment permit/ Hold Harmless

3.Appropriate business license for vendors

4.Building and Fire Department Inspections

5.Trash Receptacles

6.Portable chemical toilets

7.Daily watering of site for dust abatement
PASSED, APPROVED, AND ADOPTED this 2nd day of September 2025. ________________________________
Dave Noerr, Mayor
ATTEST:
__________________________________
Faith Melton, Deputy City Clerk
Ordinance No. ______

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STATE OF CALIFORNIA )

COUNTY OF KERN ) SS

CITY OF TAFT )
I, Faith Melton, Deputy City Clerk of the City of Taft, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Taft at a regular meeting thereof held on the 2nd day of September, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
__________________________________
Faith Melton, Deputy City Clerk

REVIEWED BY:

CITY CLERK FINANCE DIRECTOR CITY MANAGER
City of Taft Agenda Report
DATE: SEPTEMBER 2, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
AGENDA MATTER:
2025 ANNUAL MILITARY EQUIPMENT REPORT
SUMMARY STATEMENT:

On September 30, 2021, AB 481 was signed into law to address the funding, acquisition, and use of military equipment. AB 481 requires adoption of a military equipment use policy by the Council, which happened on July 19, 2022 by Ordinance 847-22.

AB 481 requires that the law enforcement agency with the approved Military Equipment Use Policy submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body annually for review, as long as the equipment is available for use.

The attached report has been completed to meet the requirements of AB 481 and is now being submitted to the Council for review.

RECOMMENDED ACTION

1. Review report

IMPACT ON BUDGET (Y/N): Yes
ATTACHMENT (Y/N): Yes, Annual Military Equipment Report PREPARED BY: Chief of Police
The Taft Police Department
Celebrating 100 Years
1910 to 2010
2025 Annual Military Equipment Report
Assembly Bill 481 (“AB 481”), codified at Sections 7070 through 7075 of the California Government Code, requires law enforcement agencies to obtain approval from their governing bodies of military equipment use policies before purchasing, raising funds for, or acquiring military equipment. This initial policy must be passed via ordinance, then reviewed and renewed by the governing body each year. AB 481 provides an expansive definition of “military equipment” that includes many items which law enforcement agencies use, deploy, and obtain on a regular basis. The law enforcement agency is required to return annually to provide a military equipment report (“Annual Report”) to the governing body and the public at large. The law enforcement agency is also required to host a community engagement meeting for members of the public to attend.

A Military Equipment Use Policy (“Policy”) governing the use of items that are deemed “military equipment” is required under AB 481. On July 19, 2022, the Taft City Council adopted a military equipment use policy, by Ordinance 847-22. Since then, the Taft Police Department has successfully maintained the military equipment in accordance with the policy. This Annual Report has been prepared in accordance with Government Code Section 7072(a). The Taft City Council will provide an open forum for the public on October 15, 2024, in the City Council Chambers, located at 209 E. Kern, Taft, CA.

The following constitutes the Taft Police Department’s Annual Report:
(1) 2006 AM General Armored Humvee
(a) Use of Equipment: None
(b) Concerns and Complaints Received: None.
(c) Internal Audit Results and Response: None.
(d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): Approximately $500.00 (I) Funding source for FY 25-25: General Fund.
(e) Quantity: 1
(f) Future Acquisition Plans: None
(2) 2006 AM General Humvee
(a) Use of Equipment: Not used.
(b) Concerns and Complaints Received: None.
(c) Internal Audit Results and Response: None.
(d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): Approximately $500.00. (i) Funding source for FY 24-25: General Fund.
(e) Quantity: 1
(f) Future Acquisition Plans: None.
2025 Annual Military Equipment Report

Page 2 of 2 ends

POLICE CODE ENFORCEMENT ANIMAL CONTROL
(3) 2008 BAE Systems Armored MRAP
(a) Use of Equipment: Not used.
(b) Concerns and Complaints Received: None.
(c) Internal Audit Results and Response: None.
(d) Total Annual Cost (including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs): Approximately $600.00. (i) Funding source for FY 24-25: General Fund.
(e) Quantity: 1
(f) Future Acquisition Plans: None.

Taft City CouncilSeptember 2, 2025

Taft City Council
September 2, 2025